Loading...
HomeMy WebLinkAboutWilliam Kirchnavy Construction Inc; 1987-06-29; 32331 > 4, -3 CITY OF CARLSBAD CONTRACT NO. 3233 PROPOSAL City Council City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 The Undersigned declares he/she has carefully examined tl location of the work, read the Notice Inviting Bids, examined ti Plans and Specifications, and hereby proposes to furnish al labor, materials, equipment, transportation, and service required to do all the work to complete Contract No. 3233 i accordance with the Plans and Specifications of the City c Carlsbad, and the Special Provisions and that he/she will t.ake i full payment therefor the following unit prices for each it€ complete, to wit: It em Description with Approximate Unit Item Unit Price or Lump Sum quantity No. Price Written in Words & Unit -Price TOTAL 1. Clearing and Grubbing, Mobilization a d Traffic Control at&. LJ ... .uidx /+fit a----A. cents lump sum. Lump Sum /f& /yvl dollars and -71 3 / b 2. IJcclassifed Excavation at dollars and ,L,A cent5 per cubic “T 3’ 48,000 C.Y. 8- A?9( 9’6- 3. Irrigation Syst m c at&&&- Jd?Y&9 373 *:2 and J mb cents lump sum. Lump Sum ,377Uc. 4. Mitigation P1 nting complete at A~ydLW42 ,&L L*”L.-J o lars and Lm d cents crz lump sum. Lump Sum ,z/’$>$ 1 <z&p place at 0. 5. Hydroseed complete in &*LL-; ,dollars and cents per thousand square feet. 348 thousand ,o? gY3&1 sq. ft. 7 I x ? 1 -4 Item Description with Approximate Item Unit Price or Lump Sum Quantity Unit No. Price Written in Words and Unit Price TOTAL 6. Job Signs at TU+[ 40-d~~~ -+ cents per each. 2 each c452w, -32[7 a: dollars and 7. Temporary 4" PVC Irrigation Mainline at cents .-Iars per inear foot. 7,900 L.F. <J""- a: '7n 4 i 3-7 yp Total amount of bid in words: +x f&,h,2&j - 4?Li&j J* fi&L-^u.L -t;tL/LcI .AWL '-d L I /74 e ,, , @ Total amount of bid in numbers: $ 6'7A3'6~ I Addendum (a> No(s) -c3-- h as/ h av e bee received and is/are included in this proposal. qeY42 J,/)J L1 &Y /.L.c4 p' $71 L 1 -5 All bids are to be computed on the basis of the given estimat quantities of work, as indicated in this proposal, times the un price as submitted by the bidder. In case of a discrepan between words and figures, the words shall prevail. In case an error in the extension of a unit price, the correct extension shall be calculated and the bids will be computed indicated above and compared on the basis of the correctc totals. The Undersigned has checked carefully all of the above figurc and understands that the City will not be responsible for ar errors or omissions on the part of the Undersigned in making I this bid. The Undersigned agrees that in case of default in executing tt required Contract with necessary bonds and insurance policif within seven (7) calendar days from the date of Award of Contra( by City Council of the City of Carlsbad, the proceeds of check o bond accompanying this bid shall become the property of the Cit of Carlsbad. Licensed in accordance with the Statutes of the State a California providing for the registration of Contractors, Licens No. <--&? 3 i-' 41 >-- I dent i f ic at ion yq- 3 93- >-3y3 The Undersigned bidder hereby represents as follows: 1. That no Councilmember, officer, agent, or employee of th City of Carlsbad is personally interested, directly o indirectly, in this Contract, or the compensation to b paid hereunder; that no representation, oral or i writing, of the City Council, its officers, agents, o employees has induced him/her to enter into thi Contract, excepting only those contained in this form o Contract and the papers made a part hereof.' by its terms and 2. That this bid is made without connection with any person firm, or corporation making a bid for the same work, ani is in all respects fair and without collusion or fraud. Accompanying this proposal is 631A ~GLA, /DA for ten percent (10%) of the amount bid. (Cash, Certified Check, Bond, or Cashier's Check) 1 I - }ss. .- . 23 STATE OF CALIFORNIA COUNTY OF w c-- LA, On this L 3 A- .c./ )cL day Ap of , in the yea before rne, the undersigyd,, a Nota Public in and for said State, personal') 2*- I , personally kn and acknowledged to me that the Corporation executed it pursuant to its by-1aws ( tion of its board of directors. WITNESS my hand and official seal. (or proved to me on the basis of satisfactory evidence) to be the personf who ex %f k withi,, instrument as president -y, r-y, of the Corporation ther' &3f- -ryzj - F-,& ~R~NCLPAL OFFICE IN -- Nd;ary public in and for said State. ACKNOWCEDGMEN~-corp -pies .S sec -WOICO~IS Form 222CA-Rev 5-82 ,~'ig8z WOLCOTTS. INC L Bond No. 5071616 -7- I IT I BIDDER'? BOND TO ACCOMPANY PROPOSdL i KNOW ALL PERSONS 3Y HESE PRESENTS: 1 I I 1 That we 7 T. Kirrhnxni f-22 h. 9 as j .. 9 as Surety, are held alp ity of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) Principal, wartf :' -------- 10% of Amoimt of Rid ----------- ------- ........................................ ------= for which payment will and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these payments. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-bounden principal for: # I LA COSTA AVENUE CORRIDOR MITIGATION PROJECT CONTRACT !40. 3233 in the City of Carlsbad, is accepted by the City Council of said City, and iF the above bounden Principal shall duly enter into and execute a Contract including requiied bonds and insurance policies within seven (7) calendar days from the date of Award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall became null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event any Principal above named executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this I B 1 8 I 4 I I a a lg 9 19 87 * Mau___ 39th day of Corporate Seal (If Corporation) Willaim T K-1 m Principa dhf JLil d~ &7,+9--. Title R, s. Rphrpr (Notarial acknowledgement of (Attach acknowledgement of and SURETY must be attached.) execution by all PRINCIPALS Attorney in Fact) .. . __-.- - . . .- I I State of California County of .b.s..hgeles ................. I s's. ........... On this .... 29th ............ day of ... May ... 19 .. 8.7 ..... before me, the undersigned Notary Public, in and for the State. personally ... R .... s .... Rehrer ....................................... a person known to me (or proved to me on the basis of satisfactory evidence), to be the PC executed the written instrument as Attorney-in-Fact on behalf of the corporation therein named and acknowledged to me that the corporation e Given under my hand and Notarial Seal this ..29th ............... ,+ day of ..M$p ................... , .rlA.] 19 Commission Expires .................................................... ,,<: .... <.Y%&..J .............. nj ....................................................... d,', Notary Public I/ Form S-3663-1 Prmted in U.S.A. t , I T 1 HARTFORD ACCIDENT AND INDEMNITY COMPANY Harliord. Connecticut POWER OF ATTORNEY Know all mer1 by these Presents, That the HARTFORD ACCIDENT AND INDEMNITY COM- PANY. a corporation duly organized under the laws of the State of Connecticut. and havlng 11s principal office In the City of Hartford. County of Hartford, State of Connecticut. does hereby make. constitute and appoint KEVIN LEASON, IliENE G. MORALES, PATRICIA ZENIZO, LINDA S. MASON and R. S. REHRER of LOS ANGELES, CALIFORNIA its true and lawful Attorney(s)-in-Fact. with full power and authority to each of said Attorney(s)-in-Fact. in their separate capacity if more than one IS named above. to sign. execute and acknowledge any and all bonds and undertakings and other writings obligatory in the nature thereof on behalf of the company in its business of guaranteeing the fidelity of persons holding places of public or privatc! trust: guaranteeing the performance of contracts other than insurance policies: guaranteeing the performance of inwrance Contracts where surety bonds are accepted by states and municipalities. and ex$s$Crq_or guaranteeing bonds and Undertakings required or permitted in all actions or proceecfings or by law allowed. _IC*-- --- ccc*-- --------________ -----___ ------______ ------_-______ /-- *--I _--I /--- /--- II--c /--- /*- /-- and to bind the HARTFORD ACCIOENT AN6-INDEMNITY COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the HARTFORD ACCIDENT AND INDEMNITY COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof. This power of attorney is granted by and under authority of the following provisions: (1) By-Laws adopted by the Stockholders of the HARTFORD ACCIDENT AND INDEMNITY COMPANY at a meeting duly called and held on the 10th day of February, 1943. SECTION 8. The President or any Vice-aresident. acting with any Secretary or Assistant Secretary. shall have power and authority to appoint. for purposes only of executing and attesting bonds ard undertakings and other wrttings obligatory in me nature thereof. one or more Resident Vice- Presidents. Resident Assistant Secretaries and Attorneys-in-Fact and at any time to remove any such Resident Vice-President. Resident Ass+stant Secretary. or Attorney-in-Fact. and revoke the power and authority given to him. SECTION 11. Attorneys-in-fact Shall ha.ve power and authority. subject to the terms and limitations of the power of attwney issued to then. to execute and deliver on behalf of the Company and to attach the seal of the Company thereto any and all bonds and undertakings. and other writings obligatory in the nature thereof. and any such instrument executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and anested 5.1 one other of such Officers. (2) Excerpt from the Minutes of a meeting of the Board of Directors of the HARTFORD ACCIDENT AND INDEMNITY COMPANY duly called and held on the 11th day of June, 1976: RESOLVED. Roberl N. H. Sener. Assistant Vice-president and Thomas F. Delaney. Assistant Vice-president. shall each have as long as he holds such office the same power as any Vice-President under Sections 6. 7 and 8 of Article iV of the By-Laws of the Company. This power of attorney is signed and seaied by facsimile under and by the authority of the following Resolution adopted by the Directors of the HARTFORD ACCIDENT AND INDEMNITY COMPANY at a meeting duly called and held on the 6th day of August. 1976. RESOLVED. That. whereas Roberl N. H. Sener. Assistant Vice-President and Thomas F. Delaney. Assstant Vie-President. acting with any Secretary or Assistant Secretary. each have the power and authority. as long as he holds such office. to appoint by a power of attorney. for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof. one OT more Resident Vtce-Presidents. Assistant Secretaries and Attorneys-in-fact: Now. therefore. thesignaturesot suchofficersand thesealof thecompany may beaffixed toany suchpowerof attorney ortoanycertificaterelating thereto by facsimile. and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon thecompany In the future with respect to any bond or undertaking to which it IS attached In Witness Whereof, the HARTFORD ACCIDENT AND INDEMNITY COMPANY has caused these presents to be signed by its Assistant Vice-President, and its corporate seal to be hereto affixed, duly attested by its Secretary, this 1st day of April. 1983. Attest: HARTFORD ACCIDENT AND INDEMNITY COMPANY ARTICLE IV Mary Schad. Secrarery STATE OF CONNECTICUT, ) COUNTY OF HARTFORD, i ss' On this 1st day of April. A.D. 1983. before me personally came Robert N. H. Sener. to me known. who being by me duly sworn. did depose and sa that he resides in the Count of Hartford. State of Connecticut; that he is the Assistant Vice- President of the HARTFOkI ACCIC)ENT AND INDEMNIiY COMPANY. thecorporation described in and which executed the above instrument; that he knows the seal of said corporation: that the seal affixed to the said instrument IS such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. STATE OF CONNECTICUT. ) COUNTY OF HARTFORD. \ CERTIFICATE I. the undersigned. Assistant Secretary of the HARTFORD ACCIDENT AND INDEMNITY COMPANY, a Connecticut Corporation. DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked: and furthermore, that Article IV. Sections 8 and 11, of the By-Laws of the Company. and the Resolutions of the Board of Directors, set forth in the Power of Attorney. are now in force. %.N+ Roberl N. H. Sener .-(8.& David A. JonnsOn Assrsranr VicB-President -7J39 e>, '?Ato, d&%a&vw Gloria Mazotas. Notary Publrc (--J \. {Ui .Fi ,* ' ss. Oh cil My Commission Expires March 31.1968 Signed and sealed at the City of Hartford. Dated the 29th day of kY Fonn 5-3501-10 Printed in U SA. \. "I ASsisfanf Secretary I -7 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: we 9 9' That Surety, are helid firmly bound unto the City of Carlsbac California, in an amount as follows: (must be at least ti percent (10%) of the bid amount) Principal, and ,I for which payment will and truly made, we bind ourselves, 01 heirs, executors and administrators, successors or assign: jointly and severally., firmly by these payments. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if tl proposal of the above-bounden principal for: LA COSTA AVEINUE CORRIDOR MITIGATION PROJECT CONTRACT NO. 3233 in the City of Carlsbad, is accepted by the City Council of sa. City, and if the above bounden Principal shall duly enter ini and execute a Contract including required bonds and insurani policies within seven (7) calendar days from the date of Award ( Contract by the City Council of the City of Carlsbad, being du: notified of said award, then this obligation shall become nu: and void; otherwise, it shall be and remain in full force ai effect, and the amount specified herein shall be forfeited to tl said City. In the event any Principal above named executed this bond as i individual, it is agreed that the death of any such Princip; shall not exonerate the Surety from its obligations under th. bond. IN WITNESS WHEREOF, we hereunto set our hands and seals th. day of 9 19 Corporate Seal (If Corporation) Principal Surety BY Title (Notarial acknowledgement of ( At tach acknowledgement of and SURETY must be attached. execution by all PRINCIPALS Attorney in Fact) I -8 DESIGNATION OF SUBCONTRACTORS - The Undersigned certifies he/she has used the subbids of tk following listed Contractors in making up his/her bLd and th; the subcontractors listed will be used for the work for whic they bid, subject to the approval of the City Engineer, and 1 accordance with applicable provisions of the specificatlons. N changes may be made ir these subcontractors except upon the prio approval of the City Engineer of the City of Carlsbad. Th following information is required for each subcontractor Additional pages can be attached, if required: Complete Address Phone Uo. Items of Full Company Work Name w/Area Code w/Zip Code - rp 1 a"'4<<-2nq @qy LLA, LLb- 52-5 - c;d> 3,45 7 *SibiiC. b 2 7 +-- - r- 7 I - 5 L+ b-6 &A- :-< L 72,- jJ' - - * -9 DESIGNATION OF SUBCONTRACTORS (continued) The bidder is to provide the following information on the subbl of all the listed subcontractors as part of the sealed b submission. Additional pages can be attached, if required. Amount Type of State Carlsbad Contracting Business of License & No. License No." Bid ($ or 76 - Full Company Name 1- -317 0 ?b /y ,7, fi ///&< */ J - - - - "Licenses are renewable annually. If no valid license indicate "NONE". Valid license must be obtalned prior tc submission of siqned Contracts. I rr&J &G'Lf -=3T &'( Bidder's Company /Name (Notarize or Corporate Seal) /c/o L,W+ li;g7c7 or 3 ,2.~ fla rc OS Bidder s Complete Address / A u t ho'r ize d-SYcj- nature I - 10 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY The Undersigned submits herewith a notarized or sealed statemen of his/her financial responsibility. /G/,] y*(2 M, di? c.;2k/ &L$j-- &4Y,C&*< I ' Signature (Notarize or Corporate Seal) Date Contract Completed Name and Phone Name and Address No. of Person Type of Amount of of the Employer to Contact Work Contract - -I -1 CONTRACT - PUBLIC WORKS = day Of* This agreement is made this 1987, by and between the City of Carlsbad, Ca ifornia municipal corporation, (hereinafter called "City"), and Wm. J. Kirchnavy, Inc. whose principal place of business is 1010 Linda Vista Dr., (hereinafter called "Contractor". 1 City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all wor San Marcos, CA 92069 specified in the Contract documents for: LA COSTA AVE:NUE CORRIDOR MITIGATION PROJECT CONTRACT NO. 3233 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provid all labor, materials, tools, equipment, and personnel t perform the work specified by the Contract documents. 3. Contract Documents. The Contract documents consist of thi Contract; the bid documents, including the Notice to Bidders Instructions to Bidders' and Contractors' Proposals; th Plans and Specifications, the Special Provisions, and a1 proper amendments and changes made thereto in accordance wit this Contract or the Plans and Specifications, and the bond: for the project; all of which are incorporated herein by thii reference. The Contractor, her/his subcontractors, and material: suppliers shall provide and install the work as indicated specified, and implied by the Contract documents. Any item: of work not indicated or specified, but which are essentia to the completion of the work, shall be provided at thl Contractor's expense to fulfill the intent of said documents In all instances throughout the life of the Contract, the City will be the interpreter of the intent of the Contract documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor tc apprise her/his subcontractors and materials suppliers of this condition of the Contract will not relieve her/him of the responsibility of compliance. 4. Pa ment As full compensation for Contractor's performance hi under this Contract, City shall make payment to the Contractor per Section 9-3 of the Standard Specifications for Public Works Construction. The closure date for each monthly invoice will be the 30th of each month. -1 Invoices from the contractor shall be submitted according the required City format to the City's assigned proje manager no later than the 5th day of each month. Paymen will be delayed if invoices are received after the 5th I each month. 5. Independent Investi ation. Contractor has made + independent investigation o the jobsite, the soil conditio1 at the jobsite, and all other conditions that might affec the progress of the work, and is aware of those condition: The Contract price includes payment for all work that may t done by Contractor, whether anticipated or not, in order t overcome underground conditions. Any information that mc have been furnished to Contractor by City about undergrour conditions or other job conditions is for Contractor' convenience only, and City does not warrant that tt conditions are i3s thus indicated. Contractor is satisfit with all job cond:Ltions, including underground conditions ar has not relied on information furnished by City. 6. Contractor Responsible for Unforeseen Conditions. Contract( shall be responsible f or all 1 oss or damage arising out c the nature of the work or from the action of the elements a from any unforeseen difficulties which may arise or k encountered in the prosecution of the work until it acceptance by the City. Contractor shall also be responsibl for expenses incurred in the suspension or discontinuance a the work. However, Contractor shall not be responsible fa reasonable delay:; in the completion of the work caused b acts of God, stormy weather, extra work, or matters which th specifications expressly stipulate will be borne by City. 7. Change Orders. City may, without affecting the validity o this Contract, order changes, modifications, deletions, an extra work by issuance of written change orders. Contract0 shall make no change in the work without the issuance of written change order, and Contractor shall not be entitled t compensation for any extra work performed unless the City ha issued a written change order designating in advance th amount of additional compensation to be paid for the work If a change order deletes any work, the Contract price shal be reduced by a fair and reasonable amount. If the partie are unable to agree on the amount of reduction, the wor shall nevertheless proceed and the amount shall be determine by litigation. 8. Prevailing Wage. Pursuant to the Labor Code of the State o California, the director of the Department of Industria Relations has determined the general prevailing rate of pe diem wages in accordance with Labor Section 1773 and a cop of a schedule of said general prevailing wage rates is 01 file in the office of the Carlsbad City Clerk, and i - I( incorporated by reference herein. Pursuant to Labor Coc Section 1775, Contractor shall pay prevailing wage: Contractor shall post copies of all applicable prevailir wages on the job site. 9. Indemnity. Contractor shall assume the defense of, pay a: expenses of defense, and indemnify and hold harmless tt City, and its ofl'icers and employees, from all claims, 10s: damage, injury and liability of every kind, nature ar description, directly or indirectly arising from or i connection with the performance of the Contract or work; a from any failure or alleged failure of Contractor to compl with any applicable law, rules or regulations including thos relating to safety and health; except for loss or darna5 which was caused $iolely by the active negligence of the City and from any arid all claims, loss, damage, injury ar liability, howsoever the same may be caused, resultir directly or indirectly from the nature of the work covered t: the Contract, unless the loss or damage was caused solely k the active negligence of the City. The expenses of defen: include all costa and expenses, including attorneys fees fc litigation, arbitration, or other dispute resolution method. IO. Insurance. Without limiting contractor's indemnification, i is agreed that contractor shall maintain in force at a1 times during the performance of this agreement a policy o policies of insurance covering its operations and insuranc covering the liability stated in Paragraph 9. The policy o policies shall corr~ply with the special insurance instruction in the Supplementary General Provisions and shall contain th following clauses: Contractor's liability insurance policies shall contain th following clauses: A. "The City is added as an additional insured as respect operations of the named insured performed under contrac with the City." B. "It is agreed that any insurance maintained by the Cit shall apply in excess of and not contribute with insurance provided by this policy." All insurance policies required by this paragraph shal contain the following clause: A. "This insurance shall not be cancelled, limited or non renewed until after thirty days written notice has beer given to the City." 8. "The insurer waives any rights of subrogation it has or may have, against the City or any of its officers or employees. -1 Certificates of insurance evidencing the coverages requir by the clauses set forth above shall be filed with the CL prior to the effective date of this agreement. 11. Workers' Compensation: Contractor shall comply with t requirements of Section 3700 of the California Labor Cod Contractor shall also assume the defense and indemnify a save harmless the City and its officers and employees fr all claims, loss, damage, injury, and liability of eve1 kind, nature, and description brought by any person employf or used by Contractor to perform any work under this Contrat regard less of responsibility for negligence. 12. Proof of Insurance. Contractor shall submit to the Cii certification of the policies mentioned in Paragraphs 10 ar 11 or proof of workers' compensation self-insurance prior I the start of any work pursuant to this Contract. 13. Claims and Lawsuits. Conkractor shall comply with tt Government Tort mims Act (Government Code Section 900 t seq.) prior to filing any lawsuit for breach of th. contract or any claim or cause of action for money 1. damages. 14. Maintenance of Records. Contractor shall maintain and mak available to the City, upon request, records in accordanc with Sections 1776 and 1812 of Part 7, Chapter I, Article 2 of the California Labor Code. If the Contractor does nc maintain the records at Contractor's principal place c business as spec:ified above, Contractor shall so inform ti- City by certified letter accompanying the return of thi Contract. Contractor shall notify the City by certifie mail of any change of address of such records. 15. Labor Code Provisiions. The provisions of Part 7, Chapter 1 commencing with Section 1720 of the California Labor Cod are incorporated herein by reference. 16. Security. At the election of the City, securities in th form of cash, cashier's check, or certified check may b substituted for any monies withheld by the City to secur performance of this contract for any obligation establishe by this contract. 17. Provisions Required by Law Deemed Inserted. Each and ever provision of law and clause required by law to be inserte in this Contract shall be deemed to be inserted herein an included herein, and if, through mistake or otherwise, an such provision is not inserted, or is not correctl. inserted, then upon application of either party the Contrac shall forthwith be physically amended to make such insertio or correct ion. -1 18. Additional Provisions. Any additional provisions of th agreement are set Forth in the "General Provisions" "Special Provisois" attached hereto and made a part hereof - Co nt rac t o r (Notarial acknowledgement of B execution by ALL PRINCIPALS must be attached.) T BY ATTEST: -1 Contractor's Certification of Awareness of Workers' Cornpensatir Responsibility. "I am aware of the provisions of Section 3700 of the Labor COI which requires every employer to be insured against liability Fc workers' compensation or to undertake self-insurance j accordance with the provisions of that code, and 1 will compl with such provisions before commencing the performance of tt work of this Contract.," 2 5f 'K Polic+ Number Workers Compensation* i 2 11/1/87 2017 OD 054783 Comprehensive u 11/1/87 2027 00 054783 General Liability Special Multi-Peril or Trademark (Section I1 only) Products - Completed Operations: iTd Included 0 Excluded Contractual - All Written Contracts: g Included Not Covered Owners', Landlords' and Tenants' Liability Contractual Liability - Designated Contracts Only $ Automobile Liability u 11/1/87 1 2027 02 054783 iIi] All Owned Autos Specified Autos Only Hired and Nonowned Autos Umbrella 2 11/1/87 2027 0.3 054783 Liability _f___ Special Provisions/Locotions /Specified Autos: ** Unless otherwise indicated, this policy affords full coverage under Compensation laws of all states (except stotes where coverage can be prov State Funds, and Canada) and as designated in the policy and endorsement: (Employers Liability) Limits of liability Bodily Iniury Property Da $ Each Occurrence $ $ Aggregate $ Each Occurrent f 1,000,000 Single Limit f 1,000,000 Aggrega $ Each Occurrence $ 0 $ Each Occurrence $ f $ Aggrew Each Occurreni Single Limit $ Per Person $ $ Per Accident $ Single Limit t 1,000 ,000 Per Accident $ 3,000,000 Each Occurrence $ 3 , 000,000 Aggregate Products - Complt $ Retention It is agreed that any insu:cance maintained by the City shaii apply in excess and not contribute with, insurance provided by this policy. This insurance shall not be cancelled, limited or non-renewed until after th days written notice has been give n to the City. The insurer waives any rights of subrogation it has or may have, against the or any of its officers or employees. -2 GENERAL PROVISIONS 1. PLANS AND SPECIFICATIONS The specifications for the work shall consist of the late edition of the Standard Specifications for Public War Construction, hereinafter designated SSPWC, as issued by t Southern Chapters of the American Public Works Associatio the City of Carlsbad supplement to the SSPWC, the San Die Regional Standard Special Provisions supplement to the SSPW the Contract documents, the Standard Specifications of t State of California Department of Transportation, and tl General and Special Provisions attached thereto. In case of conflict between the SSPWC and these Speci Provisions, the Special Provisions shall take preceden over and shall be used in lieu of such conflicting portio of either the SSPYC or the General Provisions. The Construction Plans consist of thirteen (13) shee designated as C.ity of Carlsbad Drawing No. . Ti standard drawings utilized for this project are the San Die' Area Regional Standard Drawings, hereinafter designated SDK as issued by the San Diego County Department Transportation, together with the City of Carlsb Supplemental Standard Drawings available in the Office of t City Engineer. 2. WORK TO BE DONE The work to be done shall consist of furnishing all Laboi equipment and materials, and performing all operatior necessary to complete the project work as shown on tl project plans and as specified in the specifications. '3. DEFINITIONS AND INTENT - A. Engineer: The word "E:ngineer" shall mean the City Enginee. Municipal f' r o j e c t s Manager, or his approvc represent at ive. B. Reference to Drawings: If s ho wn , If W h e re If de t ai 1 e d , If 'In o t e d , "scheduled," or words of similar import are used, i shall be understood that reference is made to the plar accompanying these provisions, unless stated otherwise. wo r ds If i ndi c at ed , 'I A - 2: C. Direct ions: Where words "directed", "designated", "selected", c words of similar import are used, it shall he understoc that the direction, designation or selection of tt Engineer is intended, unless st.ated otherwise. The WOI "required" and words of similar import shall t understood to mean "as required to properly complete tb work as required and as approved by the City Engineer c Municipal Pro;iects Manager", unless stated otherwise. D. Equals and Approvals: Where the words "equal", "approved equal", "equivalent and such words of similar import are used, it shall t understood such words are followed by the expression "i the opinion of the Engineer", unless otherwise statec Where the words "approved", "approval", "acceptance", c words of similar import are used, it shall he understoc that the approval, acceptance, or similar import of tt Engineer is intended. E. Perform and Provide: The word "perform" shall be understood to mean that ti- Contractor, at her/his expense, shall perform a1 operations, labor, tools and equipment, and further including the furnishing and installing of materials th: are indicated, specified, or required to mean that tt Contractor, at. her/his expense, shall furnish and instal the work, ccimplete in place and ready to use, includir furnishing ctf necessary labor, materials, tools equipment, and transport at ion. 4. CODES AND STANDARDS - Standard Specifications incorporated in the requirements c the specifications by reference shall be those of the lates edition at the time of receiving bids. It shall t understood that the manufacturers or producers of material so required either have such specifications available fc reference or are fully familiar with their requirements i pertaining to their product or material, 5. CONSTRUCTION SCHEDULE - Because of the restriction of grading.work prohibited beyor September 30,-1987, time is.of the essence in the performanc of this Contract. A construction schedule is to be submitte by the Contractor per Section 6-1 of the SSPWC at the time c the preconstruction conference. No changes shall be made t t,he construction schedule without the prior written approvz of the City Engineer. \ -2 Any progress payments made after the scheduled completi date shall not constitute a waiver of this paragraph or a d am age s . Coordination with the respective utility company for remov or relocation of conflicting utilities shall be requiremen prior to commencement of work by the Contractor. The Contractor shall begin work within three (3) calend days after being duly notified by an issuance of a "Notice Proceed" and shall diligently prosecute the work completion within seventy-five (75) consecutive calend days. If the completion date is not met the contractor wi be assessed the sum of -0 per calendar day for ea day beyond the completion date a-s-ii qcidated damages for t delay. Any progress payments made after the specifi completion date shall not constitute a waiver of th paragraph or of any damages. y 6. NONCONFORMING WORI( 2) pYJ - The Contractor shall remove and replace any work n~ conforming to the plans or specifications upon written ordc by the Municipal Projects Manager. Any cost caused by reasi of this nonconforming work shall be borne by the Contractor 7. GUARANTEE All work shall be guaranteed for one (1) year after tl filing of a "Notice of Completion" or as otherwise specifil in the Special Provisions herein. Any faulty work I materials discovered during the guarantee period shall I repaired or replaced by the Contractor as his sole expense. 8. MANUFACTURER 'S INSTRUCTIONS Where installation of work is required in accordance with tl p roduc t manufaclLurer 's direct ions, the Contractor sha obtain and distribute the necessary copies of SUC instructions, including two (2) copies to the Municip: Projects Manager. 9. SOUND CONTROL REQUIREMENTS The Contractor shall comply with all local sound control ar noise level rules, regulations and ordinances which apply t any work performed pursuant to the contract. All internal combustion engines used in the constructic shall be equipped with mufflers in good repair when in use c the project with special attention to City Noise Contrt Ordinance No. 3109, Carlsbad Municipal Code, Chapter 8.48. - 25 Said noise level requirement shall apply to all equipment o the job or related to the job, including but not limited t trucks, transit mixers or transient equipment that may or ma not be owned by the Contractor. The use of loud SOU^ signals shall be avoided in favor of light warnings excep those required by safety laws for the protection c personnel. Full compensation for conforming to the requirements of thi section shall be considered as included in the prices pai for the various contract items of work involved and n additional compensation will be allowed therefor. 10. CITY INSPECTORS All work shall be under the observation of a Cit Construction Inspector or a duly authorized private contrac representative of the City for inspection services Inspectors shall have free access to any or all parts of worI at any time. Contractor shall furnish Inspectors with sucl information as may be necessary to keep her/him full- informed regarding progress and manner of work and characte of materials. Inspection of work shall not relievc Contractor from any obligation to fulfill this Contract. 11. PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law ti be inserted in this Contract shall be deemed to be insertec herein and the Contract shall be read and enforced as thougt it were included herein, and if, through mistake 01 otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party thc Contract shall forthwith be physically amended to make suct insertion or correction. 12. INTENT OF CONTRACT DOCUMENTS The Contractor, her/his subcontractors, and material: suppliers shall provide and install the work as indicated, specified, and implied by the Contract documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances throughout the life of the Contract, the City will be the interpreter of the intent of the Contract documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise her/his subcontractors and materials suppliers of this condition of' the Contract will not relieve her/him of the responsibility of compliance. - 2( 13. SUBSTITUTION OF MATERIALS The Proposal of the Bidder shall be in strict conformil with the drawings, specifications, and based upon the iter indicated or specified. The Contractor may offer substitution for any material, apparatus, equipment, c process indicated or specified by patent or proprietar names or by names of manufacturer which she/he consider equal in every respect to those indicated or specified. TF offer made in writing, shall include proof of the State Fir Marshal's approval (if required), all necessary informatior specifications, and data. If required, the Contractor, i her/his own expense, shall have the proposed substitute material, apparatus, equipment, or process tested as to it quality and strength, its physical, chemical, nr othe characteristics, and its durability, finish, or efficienc by a testing laboratory as selected by the City. If tt- substitute offered is not deemed to be equal to that s indicated or specified, then the Contractor shall furnish erect, or install the material, apparatus, equipment, o process indicated or specified. Such substitution o proposals shall be made prior to beginning of construct.ion if possible, but in no case less than ten (IO) days prior t actual installation. 14. RECORD ORAWINGS The Contractor shall provide and keep up to date a complet "as-built" record set of transparent sepias, which shall b' corrected daily and show every change from the origina drawings and specificat ions and the exact "as-built' locations, sizes and kinds of equipment, underground piping valves, and all other work not visible at surface grade Prints for this purpose may be obtained from the City a cost. This set of drawings shall be kept on the job an! shall be used only as a record set and shall be delivered tl the Engineer on completion of the work. ? (B 7 e;3i\ cT f' 15. PERMITS The general construction, electrical, and plumbing permit: will be issued by the City of Carlsbad at no charge to thf Contractor. The Contractor is responsible for all othei required licenses and fees. This project requires regulatory permits from the State of California Department of Fish and Game, the California Statf Coastal Commission, and t,he U.S. Army Corps of Engineer: due to the construction work within the Batiquitos Lagoor wetlands and floodplain areas. The regulations ancl requirements of these permits shall be strictly adhered-to in the performance of the contract. The enforcement of such requirements under the contract shall not be made the basis for additional compensation. -2 16. QUANTITIES IN THE SCHEDULE The quantities given in the schedule, for unit price item: are for comparing bids and may vary from the actual fin quantities. Some quantities may be increased and others rnk be decreased or entirely eliminated. No claim shall be mac against the City for damage occasioned thereby or for lo: of anticipated profits, the Contractor being entitled on1 to compensation for the actual work done at the unit ?rice bid. The City reserves and shall have the right, when confrontc emergencies to increase or decrease the quantities of wot to be performed under a scheduled unit price item or t entirely omit the performance thereof, and upon the decisio of the City tcr do so, the Municipal Projects Manager lwil direct the Contractor to proceed with the said work as s modified. If an increase in the quantity of work so ordere should result in a delay to the work, the Contractor will b given an equivalent extension of time. with unpredicted conditions, unforeseen events, C 17. SAFETY & PROTECTION OF WORKERS AND PUBLIC The Contractor shall take all necessary precautions for th safety of employees on the work and shall comply with a1 applicable provisions of Federal, State and Municipal safet laws and building codes to prevent accidents or injury t persons on, about, or adjacent to the premises where th work is being performed. He/she shall erect and proper1 maintain at all times, as required by the conditions an progress of the work, all necessary safeguards for th protection of workers and public, and shall post dange, signs warning against hazards created by such features 01 construction as protruding nails, hoists, well holes, ant falling materials. 18. SURVEYING Contractor shall employ a licensed land surveyor oi registered civil engineer to perform necessary surveying foi this project. Requirements of the Contractor pertaining tc this item are set forth in Section 2-9.5 of the SSPWC. Contractor shall include cost of surveying service withir appropriate items of proposal. No separate payment will be made. Construction survey stakes shall be set and stationed by the Contractor’s surveyor for rough grade and as required tc satisfy cut or fill to finished grade (or flowline) a2 indicated on a grade sheet. - 21 Contractor shall provide engineer with 2 copies of SUCVI cut sheets prior to commencing to grading operations. The City of Carlsbad will provide necessary surveying * establish the location of the outer boundaries of the wo area prior to Contractor's operations, The lines will I flagged and clearly visible to the Contractor. Ti- Contractor shall not disturb the flag markers, and shal immediately advise the Engineer of missing or disturb€ markers. No work will be permitted adjacent to disturbed c missing markers,, Outer boundaries (easement lines) will t flagged by May--2O, 1987, prior to opening bids for thj project. r r- s. rqb.f, J < L 19. UTILITIES Attention is directed to Section 5, "Utilities" of tt SSPWC, and these special provisions. Utilities for the purpose of these specifications shall b considered as including, but not limited to pipe lines conduits, transmission lines, and appurtenances of "Publi Utilities" (as defined in the Public Utilities Act of th State of California) or individuals solely for their own us or for use of their tenants, and storm drains, sanitar sewers, and street lighting. The City of Carlsbad an affected utility companies have, by a search of know records, endeavored to locate and indicate on the Plans a1 utilities which exist within the limits of the work However, the accuracy or completeness of the utilitie indicated on the Plans is not guaranteed. Servic connections to adjacent property may or may not be shown o the plans. It shall be the responsibility of the Contracto to determine thie exact location and elevation of a1 utilities and their service connections. The Contracto shall make his/her own investigation as to the location type, kind of material, age and condition of existin utilities and their appurtenances and service connection which may be affected by the contract work, and in additio he/she shall notify the City as to any utility appurtenances, and service connections located which havt been incorrectly shown on or omit.ted from the plans. The Contractor shall notify the owners of all utilities ai least 48 hours in advance of excavating around any of thi structures. At the completion of the contract work, thi Contractor shall leave all utilities and appurtenances in i condition satisfactory to the owners and the City. In thi event of damage to any utility, the Contractor shall notif: the owners of the utility immediately. It is thc responsibility of the Contractor to compensate for utility damages. - 2' The temporary or permanent relocat ion or alteration ( utilities, including service connections, desired by tl Contractor for his/her own convenience shall be t! Contractor's own responsibility, and he/she shall make a arrangements regarding such work at no cost to the Clty. , delays occur due to utilities relocations which were nc shown on the Plans, it will be solely the City's option t extend the completion date. In order to min:tmize delays to the Contractor caused by tt failure of other parties to relocate utilities whic interfere with the construction, the Contractor, upc request to the City, may be permitted to temporarily omi the portion of work affected by the utility. The portic thus omitted shall be constructed by the Contract0 immediately following the relocation of the utility involve unless otherwise directed by the City. All costs involved in locating, protecting and supporting o all utility lines shall be included in the price bid fo various items of work and no additional payment will b made. 20. WATER FOR CONSTRUCTION The contractor shall obtain a construction meter for wate utilized during the construction under this contract. Th contractor shall contact the appropriate water agency fo r eq u i reme n t s. The contractor shall include the cost o water and meter rental within appropriate items of th proposal. No separate payment will be made. 21. TEST OF MATERIALS Testing of materials shall conform to Section 4-1.4 of tht SSPWC and. the following: Except as elsewhere specified, the Agency will bear the cos1 of testing material and/or workmanship where the results 01 such tests meet or exceed the requirements indicated in tht Standard Specifications and the Special Provisions. Thc cost of all other tests shall be borne by the Contractor. At the option of the City, the source of supply of each of the materials shall be approved by him before the delivery is started. All inaterials proposed for use may be inspectec or tested at any time during their preparation and use. If, after trial, it is found that sources of supply which have been approved dl3 not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved materials from other approved sour ce:s. After approval, any material which becomes unfit for use due to improper storage, handling or any other reason !;hall be rejected. - 31 22. COMPACTION TESTS All backfill shall be compacted in accordance with the not1 on the plans and the SSPWC. Compactjon tests may be made t the City and all costs for such testing shall be borne t the City. Said tests may be made at any place along tt work as deemed necessary by the Municipal Projects Manager The costs of any retests made necessary by noncomplianc with the specifications shall be borne by the Contractor. 23. CLEANUP AND DUST CONTROL Cleanup and dust control shall conform to Section 7-8.1 o the SSPWC and shall be executed even on weekends and othe non-working days at the City's request. Full compensation for furnishing all labor, materials equipment, and incidentals to clean up and control the dus as specified above shall be considered -as included i appropriate items of the proposal and no additiona compensation will be allowed therefor. 24. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS Section 7-9 of the SSPWC is supplemented by the following: Except as may otherwise be provided in specific instance nothing in the Contract shall be construed as vesting in th Contractor any property in any material, article 01 structure existing at the time of the award of Contracl within the area in which the work is to be done or in an! material, article, or structure subsequently furnished foi the work by the City, or in any material, article, structuri or work furnished or performed by the Contractor aftei having been accounted for on an approved estimate supportinc the contractor's demand for payment as provided in Sectiot 9-3 of the Standard Specifications entitled, "Payment". Ir the latter event any such material, article, structure OE work shall become the property of the City after being sc accounted for. The Contractor shall maintain all existing official signa other than those called for removal, including but not limited to directional, warning, advisory, regulatory, anc street markers i3nd also roadside mailboxes in an erect ana functional position and condition at all times during the construct ion period in either temporary or permanent location as designated by the Municipal Projects Manager. Any of these facilities which are damaged or lost shall be replaced by the Contractor at no cost to the City. -3 All costs involved in protection and restoration of existir improvements shall be included in appropriate items of tt proposal and no additional compensation shall be allowc therefor. 25. TRAFFIC CONTROL The Contractor's attention is directed to Section 7.10 c the SSPWC and these requirements. The Contractor shall notify the following City Department 24 hours prior to the start of work on this project, and 2 hours prior to the restriction, closing or opening of street or alley rtithin the City of Carlsbad: Engineering Department - 438-1 161 Police Department - 931-2100 Fire Department - 931-2141 No street or alley closures shall be permitted except up0 specific, written approval of the City Engineer. The Contractor shall keep two lanes of traffic in eac direction and one pedestrian walkway open at all times on E Camino Real. The Contractor shall keep one lane of traffi in each direction and one pedestrian walkway open at a1 times on La Costa Avenue. In addition, provisions shall b made to maintain access and use of left-turn pockets a intersections as much as possible. The Contractor shal furnish, maintain and install all lights, signs, barricades -., and other safety devices and equipment required. , r/-d & 2 ' -.' / The Contractor shall submit a traffic control plan showin! the intended construction zone signing and striping for eaci phase of the work to be accomplished. This plan shall bl submitted within fifteen days after the Notice of Award ha been issued to the contractor. No work shall commence unti this plan has been reviewed and approved by the Cit) Engineer. Personal vehicles of the Contractor's employees shall not be parked on the traveled way or shoulders at any time, including any section closed to public traffic. Wher entering or leaving roadways carrying public traffic, tht Contractor's equipment, whether empty or loaded, shall ir all cases yield t3 public traffic. The Contractor shall make every effort to keep drivewayL open during working hours. After working hours all driveways shall be accessitle with smooth and safe crossings through the construction area. - 3: The Contractor shall be required to notify a: adjacentresidents and businesses three (3) days in advanc of his work, [using "doorknob type" or other typewrittt notices which will be furnished by the Contractor. The: notices will be distributed at the beginning of the projec and at other Limes during the work as required to notil affected people -in the area of impending work. Traffic control shall include the cost of all barricades signs, flagmen, providing notices, traffic strip application and removal, ditch plate installation ar removal, and any other cost connected with any temporar rerouting af traffic or maintenance of access to propertic during the construction period. Full compensation for furnishing all barricades, light: flashers, flagmen, and any other safety measures used fc the control of traffic during the project constructio period shall be considered as included in the prices pai for appropriate items of the proposal and no additiona compensation will. be, .allowed therefor. /' 26. -.SOILS REPORT j' The City of Csirlsbad has obtained a soils report t ! determine the siuitability of the material to be excavate 1 and to better define existing conditions. While the Cit : does not warrant in any way the suitability or quality o \ the existing material, the information is available for th i Contractor's inspection at the City's Municipal Project \. Department located at 2075 Las Palmas Drive, Carlsbad. Th report was prepared by the firm of Ninyo and :doore, date \April 28, 1987. /\ -3 SPECIAL INSURANCE INSTRUCTIONS FOR CONTRACTORS Contractor shall procure and maintain for the duration of t contract insurance against claims far injuries to persons damages to property which may arise from or in connection wi the performance of the work hereunder by the Contractor, h agents, representatives, employees, or subcontractors. If tt insurance is on a "claims made" basis, coverage shall be mair tained for a period of three years from the date of completion ( the work. The cost of such insurance shall be included Contractor's bid. The insurance company or companies shall me1 the requirements of City Council Resolution No. 8108. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office form number GC 0002 (Ed.l/7S covering comprehensive General Liability; and Insuranc Services OfFice form number GL 0404 covering Broad Foc Comprehensive General Liability; and 2. Insurance Services Office form number CA 0001 (Ed.1/7€ covering Automobile Liability, code 1 "any auto"; and 3. Workers' Compensation as required by the Labor Code c the State of California and Employers' Liabilit insurance. 9. Minimum Limits of Insurance Contractor shall maintain limits no less than: 1. Comprehensive General Liability: $1,000,000 combine single limit per occurrence for bodily injury an property damage. If the policy has an aggregate limit separate aggregate in the amounts specified shall b established for the risks for which the City or it agents, officers or employees are additional insured. 2. Automobile Liability: $1 ,000,000 combined single limi per accident for bodily injury and property damage. 3. Worker's Cornpensation and Employers' Liability: Worker compensation limits as required by the Labor Code of th State of California and Employers' Liability limits o $1,000,000 per accident. C. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declarec to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate suck - 31 deductibles or self-insured retentions as respects the Citl its officials and employees; or the Contractor shall procu a bond guaranteeing payment of losses and relatc investigation, claim administration and defense expenses, D. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain, tt following provisions: 1. General Liability and Automobile Liability Coverages: a. The City, its officials, employees and volunteer are to be covered as insured as respects: liabilit arising out of activities performed by or on behal of the Contractor; products and completed operatior of the Contractor; premises owned, leased or used t the Contractor; or automobiles owned, leased hir. - or borrowed by the Contractor. The coverage shal contain no special limitations on the scope c protection afforded to the City, its official: employees or volunteers. b. The Contractor's insurance coverage shall be primar insurance as respects the City, its officials employees and volunteers. Any insurance or self insurance maintained by the City, its official employees or volunteers shall be excess o Contractor's insurance and shall not contribute wit it. c. Any failure to comply with reporting provisions o the policies shall not affect coverage provided t the City, its officials, employees or volunteers. d. Coverage shall state that Contractor's insuranc shall apply separately to each insured against who claim is made or suit is brought, except wit respect to the limits of the insurer's Liability. 2. Workers' Compensation and Employers' Liability Coverage The insurer shall agree to waive all rights o subrogation against the City, its officials, employee and volunteers for losses arising from work performed b Contractor for the City. 3. All coverages Each insurance policy required by this clause shall bc endorsed to state that coverage shall not be suspended voided, cancelled, reduced in coverage or in limit: except after thirty (30) days' prior written notice b! certified mail, return receipt requested, has been givei to the City. -3 E. Acceptability of Insurers Insurance is to be placed with insurers with a Bests' rati of no less than A:XI unless otherwise authorized by Ci Council Resolution No. 8108. F. Verification of Coverage Contractor shall furnish the City with certificates ( insurance and with original endorsements affecting coverar required by this clause. The certificates and endorsemeni for each insurance policy are to be signed by a persc authorized by that insurer to bind coverage on its behall The certificates and endorsements are to be in forms providl by the City and are to be received and approved by the Ci before work commences. G. Subcontractors Contractor shall include all subcontractors as insureds unde its policies or shall furnish separate certificates ar endorsements for each subcontractor, All coverages fc subcontractors shall be subject to all of the requirement stated herein. -3 CERTIFICATION OF COMPLIANCE - I hereby certify that in performing under the Purchase Order awarded by the City I Carlsbad, will comp1.y with the County of San Diego Affirmatiq Action Program adopted by the Board of Supervisors, including a cur rent ame ndme n t s. Legal Name of Contractor Date Signature (Seal) (NOTARIZE OR CORPORATE: SEAL) Title (Notarial acknowledgement of execution by all principals must t attached.) -3 SPECIAL PROVISIONS 1. PLANS AND WORKING DRAWINGS The contract plans furnished consist of general drawings a show such details as are necessary to give a comprehensi idea of the construction contemplated. A11 authoriz alterations affecting the requirements and information giv on the contract plans shall be in writing. The contract plans shall be supplemented by such worki drawings prepared by the Contractor as are necessary adequately control the work. No change shall be made by t Contractor in an'y working drawing after it has been approv by the Engineer. Working drawings for any part of the permanent work sha include, but not be limited to: stress sheets, anchor bo layouts, shop details, erection plans, equipment lists a any other information specifically required elsewhere in t specifications. Working drawings For cribs, cofferdams, false work, temporal support systems, haul bridges, centering and form work ar for other temporary work and methods of construction ti Contractor proposes to use, shall be submitted when requirt by the specifications or ordered by the Engineer. Suc working drawings shall be subject to approval insofar as ti details affect the character of the finished work and fc compliance with design requirements applicable to tt construction when specified or called for, but details ( design will be left to the Contractor who shall t responsible for the successful construction of the work. Working drawings shall be approved by the Engineer before ar work involving such drawings is performed. It is express1 understood that approval of the Contractor's working drawing shall not relieve the Contractor of any of his responsibilit under the contract for the successful completion of the WOI in conformity with the requirements of the plans ar specifications. Such approval shall not operate to waive ar of the requirements of the plans and specifications c relieve the Cont,ractor of any obligation thereunder, ar defective work, materials and equipment may be reject€ notwithstanding such approva 1. Full compensation for furnishing all working drawings shal be considered as included in the prices paid for the contrac items of work to which such drawings relate and no additiona compensation will be allowed therefor. - 3; 2. PERMITS Contractor shall comply with all permits for this projeci including the U,,S. Army Corps of Engineers Section 4r permit, the Ca1:tfornia Coastal Development Permit, and tl California Stream Bed Alteration Agreement. These documen' are available for review at the City of Carlsbad's Municipt Projects Department at 2075 Las Palmas Drive, Carlsba~ 92009. Copies of these permitting documents will be providc to the Contractor by certified letter prior to beginnir construct ion. 3. EXISTING WETLAND ElOUNDARY This project consists of extensive grading, irrigation, ar revegetation work in areas abutting existing highly sensitii wetland areas. Care shall be taken by the Contractor t ensure that his operations will not disturb or impact th~ sensitive habitat. in any way. The limits of work will t clearly marked by the Engineer prior to any of tt Contractor's operations. No encroachment beyond the stake limits of work is permitted. Contractor shall take a1 reasonable measures necessary to prevent any encroachment o any equipment, personnel, or material into wetland areas a staked, and shall schedule operations so as to minimize o avoid muddying and silting of said wetland areas. Contro work shall consist of constructinq those facilities which ma be required to provide prevention, control, and abatement o muddying, silting, or pollution of said wetland areas Failure to take said measures satisfactory to the Engineer o California State Coastal Commission will subject th Contractor to orders to cease operations. Any losses to th Contractor associated therewith shall be at the Contractor' sole expense. 4. CLEARING AND GRUBBING, MOBILIZATION AND TRAFFIC CONTROL Clearing and grubbing shall consist of clearing natura ground surfaces of all trees, shrubs, vegetable growth an objectionable materials within the limits of construction i accordance with the provisions of Section 300-1 of the SSPW and in accordance with the plans and these Special Provision and as directed by the Engineer. 4.1 PRESERVATION OF PROPERTY Attention is directed to Sections 300-1.2, "Preservation o Property," 7-9, "Protection and Restoration of Existin. Improvements," and Section 5, "Utilities" of the SSPWC Existing highway improvements and facilities, adjaceni property, utility and non-highway facilities, and trees anc plants that are not to be removed, shall be protected fror injury or damage resulting from the Contractor's operations Only trees and plants that are designated or marked fo preservation by the Engineer shall be preserved. -3 Clearing and grubbing shall also include the removal a disposal of all miscellaneous concrete, pavement, pipe hardware, timber, rubble or any other objectionable materi encountered beneath the ground surface as a result of gradi or trenching operations connected with the construction the project improvements. Clearing and grubbing shall also include the remova relocation, adjusting, or salvaging of all facilities . indicated on th,e plans which are not designated as separa' bid items or which are not included in other bid items. In addition to the above items, clearing and grubbing sha include, but noc be limited to the following items as shot in the plans or specified in these Special Provisions: 1. Removal of trees, shrubs, stumps, trash, debris, ai fences, whether or not specifically indicated on t plans or otherwise shown to be protected or relocated. 2. Deleterios materials resulting from clearing a grubbing operations shall be hauled away and disposed c at a legal site obtained by the Contractor. 3. Clearing for and providing temporary graded driveway ar continuing maintenance thereof to provide safe, smoott stable, and continuous access to the project area, ar as directed by the Engineer. 4. Minor grading for swales and drainage control. 5. Protection of existing and relocated utility structurt prior to and during construction of proposc i m p r ov erne n t s SI 6. Removal and disposal of interfering portions a abandoned utility lines and structures and the pluggir of abandoned pipes and conduits not removed. 7. Removal and disposal of any additional items nc specifically mentioned which may be found within ti- work limits. 8. Furnishing and applying water. 9. Dust control.. IO. Maintenance of project appearance. 11. 12. Cleanup of project are upon completion of work. Control of water and dewatering during construction. d - 41 Unless otherwise specified in the Special Provisions or shot on the plans, the entire area of the project as designated I the plans and these Special Provisions shall be cleared ai grubbed. No payment will be made to the Contractor fl clearing and grubbing outside these limits, unless such wo is authorized by {:he Engineer. The area above the natural ground surface shall be cleared I all vegetable growth, such as trees, logs, upturned stump2 roots of downed trees, brush, grass, weeds, and all otht object ionable material including concrete or masonry. Within the limits of clearing, the area5 below the natur: ground surface, except in embankment areas where the gradir plane is 2 feet: or more above the natural ground, shall t grubbed to a depth necessary to remove all stumps, root: buried logs, and all other objectionable material. Suc objectionable material shall not be left in or undc embankments or dikes. Where slopes are to be roundec clearing and grubbing shall extend to the outside limits ( slope rounding. If specified by the special provisions or directed by tt Engineer that certain trees and plants shall be preservec such trees and plants shall be fully protected from injury k the Contractor at his expense. Trees shall be felled in SUC a manner as not to injure standing trees, plants, ar improvement which are to be preserved. The Contractor shall make his own arrangements for disposir of materials outside the project limits and he shall pay a1 costs involved. Arrangements shall include, but not k limited to, entering into agreements with property owners ar obtaining necessary permits, licenses and environmentg clearances. Before disposing of any material outside th project limits, the Contractor shall furnish to the Enginee satisfactory evidence that he has entered into agreement with the property owners of the site involved and ha obtained said permits, licenses, and clearances. 4.2 REMOVAL AND DISPOSAL OF MATERIALS All materials removed shall be stored at locations approve by the Engineer. Combustible material may be reduced t chips of a maximum thickness of 1/2 inch. The chips may b disposed of in areas as determined by the Engineer. Th chips disposed of in the above areas may either be buried o distributed uniformly on the ground surface and mixed wit the underlying earth to such extent that the chips will no support combust ion. All areas shall be left with a neat and finished appearance No accumulation of flammable material shall remain on o adjacent to the project limits. - 4' Mobilization shall consist of preparatory work ai operations, including but not limited to, those necessary fc the movement of personnel, equipment, sanitation facilitie! materials and incidentals to the project site necessary fc work in the project, and for all other work and operatior which must be performed or costs incurred prior to beginnir work on the various contract items on the project site. Mobilization shall also include survey staking for tl project in conformance with the requirements of Section 18 ( the General Provisions of these Specifications. Traffic control shall be provided in conformance with tl requirements of Section 25 of the General Provisions of the: Specifications. 4.3 MEASUREMENT AND PAYMENT Clearing and grubbing will be paid for at a lump sum price The lump sum price paid for clearing and grubbing shal include full compensation for furnishing all labor materials, tools, equipment, and incidentals, and for doir all the work involved in clearing and grubbing as shown c the plans, mobilization, and traffic control, and E specified in these specifications and the Special Provisions and as directed by the Engineer, including the removal ar disposal of all the resulting material. 5. UNCLASSIFIED EXCAVATION Unclassified excavation shall include excavating, removinc hauling and disposing of all materials to the subgrac elevations indicated on the plans. This item involves tt removal and disposal of all pavement, concrete, soil ar miscellaneous items (including loose or dumped material ar base material) which are within the grading and excavatic section on both public and private property. Unclassifie excavation shall be done in accordance with Section 300-2 c the SSPWC and these Special Provisions. The Contractor shall so conduct his earthwork operations s as to avoid impact to the adjacent low-lying wetland and ba area (see Section 2 of these Special Provisions). Access turnaround and qrading movements shall at all times be mad so as to avoid encroachment beyond the limits of work a staked by the Engi.neer. The Contractor shall be responsible for obtaining a suitable legal disposal sit,e for this excavated material in accordanc with Section 300-2.6 of the SSPWC. The quantities Tor unclassified excavation are based c cross-sections of' existing and proposed ground lines, E shown on the plans, with considerations made for localize -4 variations between cross-sections, and are believed to accurate. The cross-sections and quantities do not inclu considerations for minor variations ant iciapted for benchi or keying for new side slopes. Payment f,or unclassified excavation shall be at the contra unit price per cubic yard of material removed, which shall considered as including keying and benching of existing si slopes and no additional compensation will be allow therefor. 6. STORAGE OF EQUIPMENT AND MATERIALS Contractor shall submit a plan for storage of equipment a materials to the Engineer for approval at least 48 hou prior to mobilization. Plan shall include writt authorization by the owner of record for the storage of a equipment or materials on private property. Stockpiling material within existing wetland areas or within propos riparian areas is strictly prohibited. 7. EQUIPMENT SERVICING - Construction machinery will be required to refuel wi extreme care during operations. Since the project is locat adjacent to the Lagoon, petrochemicals from the constructi activities could enter the Lagoon. Debris associated wi construction activities shall be removed and disposed of an approved 1andf.ill. This includes, but is not limited t existing roadbed materials, cement or concrete, wood, a dredged materials. Construction personnel shall be inform of the concerns and requirements to implement appropria controls. a. IRRIGATION SYSTEMS - All Sections herein refer to the California Department Transportation Standard Specifications, dated July, 198 unless otherwise noted (CSS). 8 -1 -C SS-2 0- 5.0 1 DESC:? I PT I OM - This work shall consist of furnishing the materials ai installing manual and automatic irrigation systems as shoi on the plans and in accordance with these specifications ar the Special Provisions. Where trenching is performed in areas planted with existir trees or shrubs, the trenching alignment shall be adjustec as necessary, to avoid damage to the existing trees ( shrubs. -4 8.2-CSS-20-5.027 ELEC'TRICAL INSTALLATIONS FOR ELECTRIC AUTOMAT - IRRIGATION SYSTEMS AND AUXILIARY EQUIPMENT - Electrical installations for electric automatic irrigati systems shall conform to the provisions in Section 86-1.02 CSS "Regulation and Codes", these plans and specifications. 8.3-CSS-20-5.027 COMPONENTS - Electrical components for electrical automatic irrigati systems shall include automatic controllers, mast controller, auxiliary controllers, and battery controller all with enclosures; remote control valves and master rem0 control valves; valve boxes; pull boxes; conductors betwe controllers, booster pumps and valves; and all appurtenance incidentals, and accessories required for proper installati and operation of the electrical portions of such systems. All voltages shown on the plans or specified in the specifications or the Special Provisions for electric components for electric automatic irrigation systems shall considered as nominal. Electrical components requiring modifications to conform the specified requirements shall have such modifications ma by the manufacturer before shipment to the project. 8.4-CSS-20-5.027B WIRING PLANS AND'DIAGRAMS - Within 30 working days after the Contractor has receiv notice of approval of the contract and prior to t installation of any electrial materials for an irrigati system (except service), the Contractor shall submit worKi drawings in accordance with the provisions in Section 5-1. of CSS "Plans and Working Drawings." The working drawin shall consist of wiring plans which shall be reproducibl shall conform in scale to the contract plans for'irrigatio and shall bear the written approval of the controll manufacturer or his authorized agent. Information shown the wiring plans shall include, but not be limited to, wi sizes, conduit, and the wire routes between electric components. Three copies of the schematic wiring diagram, including a wiring modifications, for each type of controller install shall be submitted to the City of Carlsbad Parks a Recreation Department. 8.5-C SS-20-5.0 27C ELECTRICAL ENERGY - Electrical energy for automatic irrigatioon systems may obtained by the Contractor, free of charge, from the servi points shown o'n the plans. -4 A Number 5 pull box shall be installed at each end of ea sprinkler control crossover, each valve cluster location a any additional electrical hookup point. 8.6-CSS-20-5.027E SERVICE -- Electric service installations for electric automat i rr igat ion controllers shall conform to the specifications. Electrical service installation and materials shall confo to the requirement of the serving utility. Service for electric automatic irrigation controllers sha be 120-volt, single-phase, AC, and shall be obtained from t service points shown on the plans. Service for booster pu shall be 230-volt 3 phase, AC, and shall be obtained from t service points shown on the improvement plans. Service equipment enclosures shall be galvanized. Types I, I1 and TI1 service equipment cabinets shall I fabricated from galvanized sheet steel or shall be fabricati from sheet steel and zinc or cadium plated aft1 fabrication. If an alternative design is proposed for Types I, 11 or I service equipment cabinet, plans of such design shall I submitted to the Engineer for approval. Service conductors shall be installed in accordance with tl provisions in Section 86-2.08, "Conductors," and 86-2.0' "Wiring" of CSS. Unless otherwise shown on the plans, service conductors fri service disconnect to the. electric pump shall be installed a minimum one inch rigid metallic conduit. Electrical service conduit shall be installed in accordant with the City iof Carlsbad governing codes except that tt conduit shall be installed at a minimum depth of 24 inchc below the surface of the surrounding grade. Pull boxes shall be installed at the locations shown in tb plans or, in long runs, they shall be spaced at not over 201: foot intervals. The Contractor may, at his expense, instal additional pull boxes to facilitate his work. 8.7 -C S 5-2 0- 5.0 27 J TE!j T E MG -- Field tests and a functional test shall be performed by tk Contractor to demonstrate that all parts of each irrigatic system function as specified. - 4! Field tests shall be performed on all conductors accordance with the provisions for lighting circuits Sect ion 86-2.14B , "Field Testing ," of CSS. Where tt conductors are installed by trenching and backfilling, SUC tests shall be performed after at least 6 inches of backfi. material has been placed over the conductors and sa. material has been compacted as specified in Section 20-5.03[ " T r en ch ing and 8 a c: k f i 11 i n g , " o f C S S . The functional test for each single electric service poinl shall consist of not less than 15 consecutive working days I operation during which time each pump shall complete at lea: 3 complete cycles for each station supplied by the pump. Ti lengths and frequencies of the cycles will be determined I the Engineer. If unsatisfactory performance of any syst, develops, the condition shall be corrected and the te: repeated until I5 working days of continuous, satisfacto operation is obtained. The functional Lest shall be satisfactorily completed pric to the start of the pl'ant establishment period. 8 .8 -C S S- 2 5 - 5.0 3 I N S T F\L LA T ION - The irrigation systems as shown on the plans, except fc sprinkler location, are diagrammatic. 8.9-CSS-20-5.03 GENERAL -- All underground metallic pipes, valves or fittings made c dissimilar metals shall be connected through a dielectri coupling of bushing. Pipe installed in this manner shall t physically .separated from other metal objects. Oielectrj couplings shall physically separate the pipes a minimum c l/8 inch in all. directions. Non-conducting spacers whit will insure physical separation of pipe from foreign object may be required as determined by the Engineer. The risers for sprinklers on slopes shall be SE approximately perpendicular to the plane of the slope. If the location of a supply line interferes with the drillin of the plant holes, the plant holes shall be so located as t clear the supply lines. Supply lines shall not be. installe through plant holes unless otherwise shown on the plans. Valves and sprinklers shall be installed 7 feet from curbs dikes, sidewalks and paved shoulders and 3 feet from fence and walls unless otherwise shown on the plans or specified i the special provisi'ons. The bottom of backflow preventers shall be installed 1 inches above ground. 1 -4 Foreign material shall be prevented from entering t irrigation system during installation. Immediately prior assembling, all pipes, valves, and fittings shall be cleane All unattached ends of pipes, fittings, and valves shall plugged or capped pending attachment of additional pipe fittings. All lines shall be thoroughly flushed out prior attachment of sprinklers, emitters, and other termin f it t ings . 8.10-CSS-20-5.03D TRENCHING AND BACKFILLING - Rocks and other debris encountered during trenchi operations shall be brought to the surface of the ground the Contractor's expense. Removing and disposing of su rocks and debris will be paid for as extra work as provid in Section 4-2.030 of CSS, and Section 7 of the Gener Provisions of the Specifications. The size of rocks and t quantity of rocks and debris to be disposed of will determined by the Engineer. Pavement, sidewalk, and similarly paved areas encountered or beneath the surface of the ground and not shown on t plans in areas to be trenched for irrigation pipes, and ordered by the Engineer, shall be removed and disposed directed. Excavating through said paved areas, furnishi and placing topsoil to fill resulting holes, and removing a disposing of all such pavement will be paid for as extra wo pursuant to Section 3 of the Standard Specifications f Public Works Construction, and Section 7 of the Gener Provisions of these Specifications. Existing pavement shown on the plans where trenches are to ~ excavated shall be removed. Trenches for plastic pipe shall be of sufficient width permit snaking of all plastic pipe not connected by rubbl ring-type fittings. Trenches for plastic pipe shall be smooth and free of jaggi rubble or sharp objects which will cause abrupt bendii stresses and uneven weight distribution during backfillii operat ions. The backfilling of pipe trenches shall be accomplished in manner that will protect the pipe from damage from shai objects. Rocks shall not be placed directly on the pipe. Except as otherwise specified, this backfill material sha: be compacted by ponding or jetting with water until tt backfill material, after settlement, is level with tt surrounding soil. If, for any reason, the soils taken from the trench . determined to be unsuitable for a bedding material again: -4 the pipe, a suitable material, such as sand or topsoil, sha be furnished and placed as a bedding for the pipe befo backfilling with the original soil taken from the trenc Furnishing and placing bedding material for pipe when order by the Engineer will be paid for as extra work pursuant Section 3 of the Standard Specifications for Public Wor Construction, and Section 7 of the General Provisions these Specifications. When any backfilled area has settled, said area shall refilled and compacted by the Contrackor at his expens including furnishing, placing and compacting the fi material. 8.11-CSS-20-5.03E PIPE -- The Contractor, at his option, may install plastic pi supply line with solvent cemented fittings and plastic pi1 irrigation line for an irrigation system by methods and wi equipment other than by trenching, provided the pipes a installed at the depths specified. Where connection is made to existing supply line compression type fittings may be used. Pipe between water meters and plastic pipe supply lii through a backflow preventer assembly shall be galvaniz steel or as otherwise shown on the plans. Supply lines shall be installed under paved ditches which a 3 feet deep or less at the flow line. Supply lines th cross paved ditches more than 3 feet deep shall be galvaniz steel pipe and shall span the ditches. Supply line trenches located adjacent to curbs, dikes a paved shoulders shall be at least 4 feet from said curb dikes and paved shoulders. Asbestos-cement pressure pip plastic pipe supply line, thrust blocks where require plastic pipe irrilgation line, and fittings shall be install. according to the pipe and fitting manufacturer's instructiot shall be furnished to the Engineer before any pipe . installed. Portland cement concrete for thrust blocks shall be produce( from commercial quality aggregates and cement shall conta not less than 470 pounds of cement per cubic yard. Hal mixing of this concrete will be permitted. All pipe shall be cut straight and true. After cutting, tl ends shall be reamed out to the full inside diameter of tl pipe. Male pipe threads on galvanized steel pipe shall be coati with a joint compound that is non-hardening and nor c or ros ive . -4 Solvent cement welding shall be done in accordance with t printed instructions of the solvent cement manufacturer. The male portion of each threaded plastic pipe and fitti connection shall be wrapped with at least 2 layers approved pipe thread sealant tape. All plastic pipe installed by trenching and backfill1 methods, except pipe connected with rubber ring-ty fittings, shall be snaked when installed. Pipe connect with rubber ring-type fittings need not be snaked. Valve boxes with extensions, if required, shall be provid for housing control valves. The tops of valve boxes installed in walkway and paved are shall be flush with the surrounding grade. The tops of val boxes in other areas shall be installed 2 inches above t surrounding grade. 8.1 2-CSS-20-5.03G PRESSURE TESTING - Pressure testing for leakage shall be performed on a pipelines installed by the Contractor, except for non-rig pipelines and pipelines with spray nozzles installed into t pipe. Pipelines to be tested shall be installed, and a open ends of the pipeline and fittings shall be plugged capped prior to testing. Pressure tests shall be performed in one or more operations Pipelines installed by trenching and backfilling a pipelines which are completely visible after installati shall be tested by either Method A or Hethod B as specifi below. The methods used will be at the Contractor's optio Water line crossovers that are connected to other pipelin to be tested shall be tested in the same manner as t pipelines to which they are connected. 8.12.1-CSS-20-5,03-G(1) Method-A Method A testing procedure for leakage shall conform to t following: The Contractor shall notify the Engineer at least. 24 hou prior to performing any pressure test. Pressure tests sha be performed only between the hours of 8:OO a.m. and 5: p.m. except that no pressure tests shall be made Saturdays, Sundays, or legal holidays. Each pressure te shall be observed by the authorized inspector. Pipelines to be tested shall be filled with water, and pressure gauge shall be connected to the pipeline. T pipeline shall then be placed under a pressure of 125 poun - 41 per square inch, except as otherwise specified below, by a; or water pressure, after which the source OF pressure sha! be cut off leavinq the line under the required pressure. The pressure qauge shall be calibrated from 0 to 200 pounc per square inch in 5-pound increments and shall be accurat within a tolerance of 2 pounds. The pipeline shalt1 be tested under the required pressure fc a period of one hour. The pressure gauge shall remain 1 place until each test period has been completed. All leaL that develop in the portion of the system installed by tt Contractor shall be located and repaired after each tes period when a drop of more than 5 pounds is indicated by tt pressure gauge. After such leaks have been repaired, the or hour pressure test shall be repeated and any necessai additional repairs made until the drop in pressure is pounds per square inch or less. 8.12.2-CSS-20-5.03(2> Method B Method B pressure testing procedure for leakage shall confoi to the following: The Contractor shall notify the Engineer at least 24 houi prior to performing any pressure test. Pressure tests sha be so performed that the testing periods end between tt hours of 8:OO a.m. and 5:OO p.m. except that no pressui tests shall be made on Saturdays, Sundays, or legal holiday! unless otherwise approved in writing by the Engineer. Ea[ pressure test shall be observed by the authorized inspector Before any port-ton of the pipeline on the supply side of control valve is backfilled, water shall be turned into th: portion of the 1:tne and maintained at full pressure from tt water source for a period of not less than 8 consecuti! hours after all air has been expelled from the line. Befoi any portion of the pipeline on the discharge side of control valve :IS backfilled, a similar test shall t performed, except the test shall be for a duration of 01 hour. Any leaks that develop in the portion of the systi installed by the Contractor shall be repaired. After su( leaks have been repaired, the pressure test shall be repeatc and any additional necessary repairs made until no leal occur as determined by the Engineer. 8.1 3-CSS-20-5.03H REPAIRS AND COVERAGE - All leaks that develop and all defective material in ai portion of the irrigation system installed by the Contract1 shall be repaired or replaced by him. c - 5L The entire system shall be checked and, if necessar) adjusted for uniform and complete coverage after installir the sprinklers. 8.14-CSS-20-5.04 Measurement and Payment - The work performed under these specifications for installir irrigation system will be measured and paid for as a sing! contrct lump sum price for irrigation system. The contract lump sum price for irrigation system sha: include full compensation for furnishing all lab01 materials, tools, equipment, and incidentals, and for doir all the work involved in installing the irrigation systen complete in place, including excavation and backfill, ar testing and checking the irrigation system, as shown on tt plans, as specified in these specifications and the specii provisions, and as directed by the Engineer. The lump sum contract price for Irrigation System sha: include furnishing and installing electrical conduit ar electric service installation for electric automat: i rr iga t ion cont ro :l lers. Full compensation for removing or rototilling, disposing ar replacing existing ground cover to install irrigation pip( and conductors in existing ground cover shall be considerc as included in the lump sum contract price for Irrigatic System and no additional compensation will be ma( therefore. The lump sum contract price of Irrigation System shall al: include full cornpensation for performing the functional test for electric automatic irrigation systems as specific herein, the furnishing and installing of flexible riser: swing joints and pipe used for risers, the checking ar cleaning of emitters and for checking and adjusting tt various types 01’ sprinklers for proper rate of flow ar coverage after installation, and all materials necessary t complete the irrigation system, and no addition: compensation wi 11 be a1 lowed there fore. 9. MITIGATION PLANTING - All Sections herein refer to the California Department ( Transportation Skandard Specifications dated July, 1981 unless otherwise rioted (CSS). 9.1 -C S S-2 0-4.0 1 Desc I: i p t ion - This work shall consist of furnishing planting material: preparing planting areas, planting plants, and establishir plants as shown on the plans and as specified in the! specifications and the special provisions. I I, -5 gaterials shall conform to the provisions in Section 20-: "Materials," of the CSS. 9.2-CSS-20-4.025 Clearing - Clearing shall consist of clearing trash, debris and wee( and removing existing plants as specified in the: specifications and the special provisions. Clearing shall be performed in those areas specified in tt s pe c i a1 p r o v i s ions. At the time of planting, each area to be planted shall t free of trash, debris, and living weeds. During clearing operations, existing plants, where specifil in the special provisions or shown on the plans to I removed, shall be removed and disposed of outside the projel area by the Contractor. 9.3-CSS-20-4.0 26 Pest: icides - Pesticides shall not be sed for weed control within tl mitigation area. 9.4-CSS-20-4.03 Preparing Planting Areas Preparing planting areas shall consist of preparing hole! preparing trenches, cultivating, constructing basins ai doing any other work necessary to prepare areas for plantin! as specified in these specifications and the speci; provisions and as shown on the plans. Constructing basir shall be considered as part of the work involved in preparir holes and trenches. Unless otherwise specified, a planting or planted area sha: be any area which the Contractor is required to do plantir work. The work involved in preparing planting areas shall be : conducted that the existing flow line in drainage ditchc will be maintained. Material shall be removed and dispost of as directed by the Engineer. Unless larger planting holes are specified in the specii provisions or shown on the plans, plants shall be planted holes large enough to receive the root ball, backfil: amendments and fertilizer. At the locations shown on the plans, longitudinal basir shall be formed by constructing a continuous dike on ea( side of the planting line. Cross checks shall be formed I pond irrigation water around each plant. I 'e - 52 Water shall not be used for the excavation of plantir holes. The outer limits of the areas to be cultivated shall exter 12 inches beyond the outer rows of plants requiric- cultivation, unless otherwise specified or shown on tb plans. Cultivation shall be performed until the soil is in a 100s condition to a minimum depth of 6 inches. Soil clods shal not be larger than 2 inches in any dimension aft€ cultivation. The use of rubber-tired equipment will be permitted fo cultivatinq operations, provided the equipment use completely eradicates any compaction caused by the tires Rubber-tired equipment of any kind will not be allowed o cultivated areas after cultivation. Planting areas that have been cultivated and become cornpacte for any reason shall be recultivated by the Contractor at hi expense. Pavement, sidewalk, and similar paved areas encountered on o beneath the surface of the ground and not shown on the plan in areas to be prepared for planting, and if ordered by th Engineer, shall be removed and disposed of as directed by th Engineer. Excavat-ion through said paved areas, furnishin and placing topsoil to fill these holes, and removing an disposing of all such pavement will be paid for as extra wor in accordance with Section 3 of the Standard Specification for Public Works Construction and Section 8 of the Genera Provisions of the Specifications. 9.5-CSS-20-4.05 Plantlng - No planting shall be done in any area until the are concerned has been prepared in accordance with thes specifications and the special provisions and presents a nea and uniform appearance satisfactory to the Engineer. When a irrigation system is required, it shall be installed an checked for coverage prior to planting. Nursery stakes in plant containers stored at the project. sit shall be removed before transporting the plants to thc planting areas. Plant locations for trees and shrubs shall be adjusted st that no plant is closer than 8 feet to an impact or pop-ui type sprinkler. Where shrubs are shown on the plans to be planted in groups the outer rows shall be parallel to the nearest roadway o E 1. t 83 -5 right-of-way fence. Shrubs in adjacent rows shall s t agge red. Adjustment in the number or alignment of plan shall be made between the outer rows. Qo more plants shall be disturbed on any day than can planted and watered on that day. Plants shall be removed from the containers in such a mann that the ball of earth surrounding the roots is not broke and they shall be planted and watered as hereinaft specified immediately after the removal from the container Containers shall not be cut prior to delivery of the plan to the planting area. Roots of plants not in containers shall be kept moist a covered at all times, and shall not be exposed to the a except while actually being placed in the ground. Before planting in holes or trenches, water shall be appli to the backfill with a pipe or tube inserted into the bott of the hole or trench until the backfill materials saturated for the full depth. Plants shall be set in the backfill material, in fl bottomed holes, to such depth that, after the soil h settled, the top of the root ball will be even with t bottom of the basin or even with the surrounding soils whe there is no basin. Plants shall be planted in such a mann that the roots will not be restricted or distorted. Any plants which have settled deeper than specified in t above paragraph, or as shown on the plans, shall be rais back to the required level, or replaced, at the option of t Cont ractor. At the time the plants are planted, wood stakes shall placed at certain plants and the plants shall be ti thereto. The plants to be staked shall be as shown on t plans or specified in the special provisions. Stakes sha be installed against, but not through, the plant ball to minimum depth of 18 inches below the ground, and shall placed on the site toward the prevailing wind, unle otherwise directed by the plans. Stakes shall be 8 feet long. The stakes shall be either inch nominal diameter round stakes, or 2" x 2" nominal squa stakes, at the Contractor's option. The cross-sectional dimensions of 2-inch stakes may reduced if the strength and durability of the small dimensioned stake is not less than a corresponding 2-in nominal redwood stake as determined by the Engineer. In case shall stakes have a cross-section dimension of less th 1 1/4 inches, unless otherwise shown on the plans. 1 - 54 Each plant requiring a stake shall be tied to the stake at locations directed by the plans. The ties shall be extrude vinyl-base type, one inch wide an a minimum of 0.010-inc thick. The tie shall form a figure eight by crossing the ti between the plant and stake, and the figure eight shall b formed twice. Each end of the tie then shall be wrapped on and one-half turns around the stake and securely tied. Othe materials and methods approved by the Engineer may be use for ties. From the time plants are planted until the beginning of th plant establishment period, damage caused by erosion shall b repaired at Contractor's expense. In addition to other requirements, planted areas shall b neat and clean before the Contractor is allowed to begin th plant establishment period. 9.6 -CSS-20-4.0 51 Wet lands P1 ant ing - All seeds, stolens and rooted clumps to be used within tt- wetlands planting areas shall be collected or transplante from on-site locations. Plants specified on plans, that ar not available on-site but are readily available from outsi~ sources, shall be considered acceptable, if supervising fie1 biologist approves purchase or collection from such sources. 9.7-CSS-20-4.051A Collection Method - All seeds, stolens and rooted clumps shall be collected pric to grading. Sufficient quantities shall be collected as t meet the required numbers and/or cover the area shown on tt- plans. Seeds shall be collected from the fruiting bodies of plant during normal fruiting season of such plants. Plants shal be in normal healthy condition, free from apparent disease injury, or pests. Seeds shall be maintained in a healthy ar viable state until hydroseed application. Stolens shall be gathered using a vertical cut mower t produce healthy, viable stoleniferous bodies. Harvestir shall occur only during normal growing season. Stolens shal be maintained in a healthy and viable state until hydrosee application. Rooted clumps shall be inspected and deemed free of disease injury, or pests prior to removal for transplantatic purposes. Size of clumps shall be of sufficient size t insure that successful transplanting can occur. Sufficier size shall be determined by supervising field biologist. t .* -5 9.8-CSS-10.4.051B Storage of -Materials - All seeds, stolens and rooted clumps to be incorporated the work shall be stored in such a manner as to insure the preservation, quality and fitness prior to, during ai following completion of work to be done. 9.9-CSS-20-4.06 Watering -- The amount of rqater to be applied, and the number frequency of applications shall be ordered by the Enginee and as often and in sufficient amount as conditions m, require to keep the soil and plant roots moist during tt Life of the contract. All trees, shrubs and vines shall be watered immediate: after planting. Water shall be applied until the backfi: soil around and below the roots or ball of earth around tt roots of each plant is thoroughly saturated. Where waterir is done with a hose, a metal or plastic pressure reducir device approved by the Engineer shall be used. Under r circumstances shall the full force of the water From the opt end of a hose be allowed to fall within the basin around ar plant. Master remote control valves or gate valves on the dischar! side of the backflow preventers shall be kept closed at a: times, except while the irrigation system is actually : use. Precautions shall. be taken to prevent water from wettir vehicles, pedestrians and pavement. Any erosion or slippag of the soil caused by watering shall be repaired by tt- Contractor at his expense. Any additional watering measures required to maintain th plants in a growing condition shall be furnished by tt- Contractor at his expense. 9 .I 0-CSS-20-4.07 Hepl.aeement All plants planted in areas provided with a sprinkler system that show signs of failure to grow at any time, or which ar so injured or damaged as to render them unsuitable for tt- purpose intended, as determined by the Engineer, shall b removed and repl.aced. Unless otherwise permitted by th Engineer, the Contractor shall complete replacement o unsuitable plants within 2 weeks after the Engineer marks o otherwise indicates that such plants shall be replaced. Replacement plant.ing shall conform to the spacing and siz requirements specified for the plants being replaced Replacement plants shall be either the same species a . ~... 4 r* - 56 specified for the ground cover being replaced. Othe replacement plants shall be either the same species as th p1ant.s being removed or the Contractor and Engineer nay agre to the substitution of alternative species of p1ant.s to b used as replacements. Replacement plants shall be furnished and planted by ti- Cont,ractor at his expense. 9.1 1-CSS-20-4.08 Plant Establishment Work - Plant establishment work shall consist of caring for tl- planting as specified. All container planting, gallon siz and larger, is subject to replacement guarantee. Trees ar shrubs planted i.n the wetland areas, riparian areas, or c manufactured slopes shall be guaranteed against growth c death for a period of 180 days from completion of a1 planting. The City of Carlsbad Parks and Recreation Department wil notify Contractor in writing of the start of the plar e st ab 1 i shme n t wo rk: . During the establ.ishment work, unsuitable growth or death c specified plantirigs shall be replaced as provided in Sectic 20-4.07 of the CSS. 9.1 2-CSS-20-4.081 Mai.ntenance - Relief of maintenance and responsibility will be granted fc wetlands and riparian planting and all seeding operatior within the project.. The Engineer will notify the Contractor in writing of tt relief of maintenance and responsibility of wetland: riparian, and seeding only upon completion of all plantir operations. 9.13 Measurement and Payment The work performed under these specifications will t measured and paid for in accordance with Section 29-4.0: "Measurement," and Section 20-4.10, "Payment," of CSS. Tt cost of providing all labor, materials, tools, and equipmer to perform the landscaping work, as specified on the plar and these special provisions, shall be included in tt various items of work. 10. HYDROSEEBIMG New cut slopes shall be hydroseeded with a mixture i s pe c i f i ed h e re i n ., Hydroseeded mixture shall be applied i equipment which i:; standard to the industry. I* 4 P. w - 5- The application per acre shall consist of: Wood Ce1:lulose Fiber 1,500 pound: Stabilizing Emulsion 100 pound: Commercial Fertilizer (16-6-8) 500 pound: Seed: ALyssum Maritima 4 pound: California Poppy 2 pound$ Atriplex Semibacata 2 pound: Perennial Rye Grass 20 pound: G azani a Hyb r ida 4 pound: The area to receive the hydroseeding shall be pre-moistenec Additional watering will not be required to establir growth. A dispersing agent recommended by the manufacturer may t added provided that the agent is not harmful to the mixtui or to plant growth. The materials shall be mixed in a tal having a built-in continuous agitation and recirculatii system of sufficient capacity to produce a homogeneoi slurry. When hydraulically sprayed on the ground, tl material shall i'orm a blotterlike cover impregnated wii grass seed and fertilizer. The cover shall allow rainfall I applied water to percolate to underlying soil. If applii material begins to dry out within 24 hours, the Contract1 shall spray the dried area with water. The nozzles used fc watering shall produce a spray that does not concentrate 1 erode the material. 11. PAYMENT Payment for hydroseeding shall be at the contract bid prii per thousand square feet, and shall include full compensatic for furnishing all soil preparation, water, labor, material: tools, equipment, and doing all work necessary .in providii the hydroseeding complete in place. 12. JOE! SIGNS The Contractor shall furnish and install job signs locations on the site as directed by the Engineer. The sic shall be four .Feet high by eight feet wide, constructed ( 3/4-inch exterior plywood with 4x4 redwood posts on each en1 When installed, the bottom of the sign shall be five fe! above the ground and the posts shall'extend a minimum of 2 feet into the ground. The sign shall be professionally painted and lettered ai shall contain the following information: the name of tl City and City seal; the project name; the name of the prii Contractor; and name of the Engineer, the name and title I the Mayor, the City Council members. 16 4 *- - 51 The exact layout of the sign shall be coordinated with ti Construction Inspection Division of the City Engineerir Department. The City will provide City seals for tl Contractor's use .in preparing these signs. Lettering shall be a minimum of four inches high, bloc (Gothic) style, painted black on a white background. At the completion of the project, the signs will be deliver( to the Engineer's designated storage area. I, "I....-...."., A." -- - -.LA ..". (16 d 'a 4) e AGREEMENT REGARDING PROPOSED STWA3I OR LAKE ALTERATIO; THIS ACREESlENT, entered into between the State of California, Department of Fish 31 , hereinafter cailcd thc operator, is as follow of California Fi5h 2nd Gamc Code, the opc the -day 29 of bgr . -, 1986&, notifietl thc Dcpnrtmcnt that he intcnds to substanh: or obstruct the natural flow of, or substnntiallv chsn c thc bcd, channel, or bank of, or use materia] streambed of, the following water: .acinitaa Ereek & htiQuitos hZoOq in the ( hereinafter called the Department and City of Cdsbad of Carlabad , State of AUf 6 ornia LVHEREAS, pursuant to Section 1 601 , ~tnte of California, ~3$,34~ 12s R 4W . -z IVIIEREAS, The De nrtmcnt (rcprcscntcti bvg, FitzBiJ@?K?~a has made 3n of subject xea on the L day of Jllna -----, 19_86_, 2nd) has dctern h erntions may substnntinllv ndvrrsclv iiffect ctistinq fish and tvildlife resorirces including: such &parlam ~oodlad~. coastal 8altmEirsh & - associated wildlife eaecies TI1EREFORE, the Depnrtmcnt licrcby proposcq mcasiircc to protcct fish 2nd \i.ild!ifc during the ( - from thc list of rccommcndatio \r*ork. The operator hcreb 1.2,3,4. 13 s Id16L_19L2_3 __.___ - hsck of tlris page and thc following special rccommcntlntions: agrees to ncccpt tile folloiving rccomnicndntions 2s part of his \vork: 1. A!] work in or nenr the strcnm or lakc shall be confincd to the period __ 2. Applicant will conform project to all requirementa of tht Codmion, Corv of Ehqineers. -and the Coa&l CQP~WC~ for the cnhanaement of Bat-iauitotj Laagn. 3. Mitigation will (gsist of re21anting.ahput 1.7 ureR oi habitat neRrthe intersectfon o.f.-&arona.oa- Coata 83 native vegetation, and creatina about 4.7 acre8 of co&aL 8 by &e&- two areas east of tP_t_i-~~~.a.ectiQrxsL4a_C;lo~aA 4- MonitoriAR of th%s&!Eanced &.. s3YEJgW~LU.eaa-.kfill_b€LdG and app r 0 pri at e me a13 uTe 8 taken 1 f-a,r_ea~.~ir e. _,I 03s t.a b2-ts.U 5 --- Rev age tat i on 0 f manu fad ture d sl-o,D_es-~d__~~~.~~.~~-b hydroseeding & plan-ting; ground covers &mLehrub.a-natLv~~o.-.z mi!Aca-_- -- --__ 6 . Energy-diBalpatmrf3.x-ona truc_ted--at-thamnlrth am Creek =d e~ltat~on._f_rom_~~~.~simpac_ted_bythe_proj.~c~.wii to a minimu by me of ai-~~~Lo~~aslns._sr_o.ther.adequatene If the opcrator's \vork chnngcs from thnt stntcci in thc notification spccifictl .i\!o\sc, thiq nfirrc*:r. loiigcr v.iIid and a ncw notification 511;iIl bc sul~mittcd tn thc Dcpiirtincnt of I'iAli *~iicl C,.:inc. F2~1111r~-! ti \t.ith thc provisions of this agrccmcnt arid \L,ith othcr IWI tincnt Cotlc Sc.c.tiorir, incliidin; !]ut iiot !: Fish ant1 Gamc Codc Sections 5630, 5657 ;iiid 59 1s. mn!' rcsiilt iri iii'owcutiori Sothing in thic n~rcc:!nciit ,ititlioriyr\ tlic' oi)t,i ,itoi :0 !i,c\l>,i\\ oil :iii>' l.ir:tl or \)rci;:(,i :!,, iior (\I>( '; tlic opcrrltor of responsihllity for corni>linricr \\.it11 .)~)I>li(~,il)lc ftdcrnl. st.itc. or !o(..il I~IWS or OI (!iri,i!i(~~ r \rlriitnntc(I ngrccmcnt docs imt iiccc>s.\rily cc~i!\trtirt(. Kki1.11 tiiici~t of I-:ih ,inc\ Ctsii)i[, c.ii~!!~r\i.iiic,iit iii tlii. operation, or nssure the Dciurtmcnt's conc'iti.i mcc- \vi111 i)t*rriiits ix,cliiirc(l irorn (ithcr nScnc.icas. nlis njirecrncnt tlcco m cficctivc on - --oQ / '0 1 .8 L- _____ :inti tc~r-min:itt.s -.-o 2 /ID/ Q-. 0 pc rat o r LaL,XE:- .--.m-a* I I ,'tr,.r,,I V?D& * Ilr~"..rnrnt,\e .. --- Titie.2- CLM r4d~4.m __.._ - 'I'itic __-. DEG Warden. #l67 GECLHQ->B-AQ - nt.l).irtriit.nt of I-ijti nriti ~.iliic, St.itc' of ( Organization c I r3 D ate;14ld3%f&i- D 3 t c- - & LfQ,-L% --_----_ 52 If inspection was not made, cros3 otit words within p~rrrithrsr*s. rr 1 'I . .' .A ' ';? >' * &.* . 'I .'.V* y-\qLm-:-;;v,, ., %c , I) ,. I * ! I . . '. ... 'I' k,;?iJ 3;l(j (;!l.ll~'.' :J[Yia 'O\ (--;I* *L ', .,. _. .-_. .- . .- .. I , I '. c.u,c ----*.. L, 7l c. .. Lr-. - . - .-. , .4, .. _.,. . . .__--. '3 . .. . .. _'-.-. - 1. Disturbance or removal of vcgctation shall not excccd tlic minimum nccessary to complvtc opcntions. Tic tli\turtwd portions of any strcam cli;inncl or Iakc mar- gin \rithiri the high watcr mark of thc stremi or Iakc shall IIC .rcitorcd to as near thcir origin,il condition as possible. ' L. Reitoration shnll include thc revcgctation of strippcd or exposed arcas. Rock, riprap, or otlicr crosion protcction shall Ix plnccd in nrcns \\.here \.e ctirtion cannot rc.Jsonal)ly IIC cxpccttd sary to construct barricn or fills. If work in is unclvoicial~lc, n .curtain eticlocurc to prcvvnt of thc lnkc beyond thc irntnc(li.itc ivnrLii)q .II hc inst;illcd. Tlic cnclosirrc and Jnv siti)l,ort i\'c stid1 bc rcrnovcd whcn thc work is complctcd 14. Silt scttiing hasins dial1 bc locatcd away from tti or lakc to prcvcnt di~olorcd, sllt-bcaring wa rcaching thc stream or lakc. 13. Prc .ir:ition shnll l)c matlc 50 that runoff fro I I tt!e crorion potcnt ial. Frcclucvit \vn tcr c hcckr pl~cctl on dirt ro.ids, cat tracks. or othcr work 1nstnll;ltion of bridges. culvcrts. or othcr stnicturcs shall control crobion. bc such that lvatcr flow is not impaired and u strcam or doi\.n\tream passap of fish is assurctl at ai times. 16. \VL1sl1 wtcr wntaining rniid or silt froin nggrcg2 Dottonis of tcm ornry culwrt5 shall IIC plsccd at or inq or othr oprntioiis slr.iil riot l)c .~llo\\.cJ to Lcio\\. strc.irn c r i.inncl qratlc. Uottotns ot pcrmancnt 1.1lc or fiotiing strrarns. ciilic-rts shnll \x placcd I)clo\v strcam ch2nnc! gradc. 17. ;,) A cllt c;ltctlmc.r,t basin st,all bc cot,structc thc strcxn iiiirnctlintcl l)clu\v tlic projcci si catchmciit lwin shall LC constructcd ot jiravc .j. PIatio for 'dcsiGii of concrctc sills nntf othcr fcaturcs ttint rauld potc.titi~lly impcdc' fibh migrations must bc approvcd by Dcpartmcnt enginccrs. is frcc from mud or silt. b) Upon cumplction of thc rojwt 2nd nftcr a1 6. \Vlicri an? darn (any artificial obstruction) is bcing with ttw triippcd scdimcnt shall bc rcmo\.cd j canstructcd, mnintaincd, or placed in opcrntion, suffi. st rcJ m. cicnt tr~tcr shnll at all timcc t)c allo\vrd to pass dorm- strcam to mclintain fi5tilifc Lclou. thc dam. - ~. ffoiving strcnm. sircli opcrcltions sIi.iIl bc cf 7, An ndcqucltc fish passaqe facility mukt bc incxorporatcd \titholit subst.inti.111~~ incrcaiing strcclm tiirI)ic into any tnrricr that obstructs fish passage. € Any tcmpbriiry dam '(any artificial obstruction) con- ' rcpcatcd crossings. tlic 0-pcrator shall iti,,!ciII : strurtcd >ha11 onlv bc buift from material such 3s clcan culvcrt, or rock-fill crossing as spccificd in c( NO equipment will bc.;pcratcd in Iivc strcirri chJiincLs. 13 If n strcJm ch.innrl has Ixcn altcrcc! cliirin~ tti tion<. it5 lo\v flo~v channel stinll \IC rcturncd .I IO. Eqiiipmcnt shnll riot l~c opc,r;it(,d in thc stream char,nc!s ni possiI)lc- to its natiirnl \talc wittiout crv.:tinq II of fio\r.inq 1it.c rtrrams cxccpt cls may bc neccssan. to' futrrrc hnk crorion problc%rn, or n flat tviii,: cti construct crosings or barriers 2nd fills Jt channel sluicc-li!ic Jrcn. If ;I lakc margin hns Iict~ri a1 changcs. , , . b .. shall bc rctumctl as ncJrly as posstt)lc to its rtntr witlioiit crt*;iting :i fiitrirc hnk crotinn 1 11. !\'hen work in n flowinq strcirn is unavoidnhlc, thc Thc, qr.i(lir.nt of tli(. rtrrnml)cd or Inkt. m.irqin cntirc strc;imIlo\r. slinll 1)c diix-rtcd ,irotind thc \\.ark arca bv n hrncr, trmporarv culvcrt, and/or n ncw nc nc,nrlv ;:s po\\it)I~* [tic same gradic*rit .IS (TIS: clianncl capnbIc of pcrmitttng iipstrcam and down- to (115 tu r1):iric-v, strcnm fiqh movcmcnt. Construction of thc banicr To. Stritctitrr\ anti ns\oc.i.itc*cl m,itc,rinlr not tfc-qi nnd/or thc nc\v channcl shall nomallv bqin in thc \vith,t.ind high ~.:isori.il ilon~ stinll 1)c ri*riiov(,ci downstrcnm arva 2nd mntiriuc in 313 upstrcam dircc- a\)ovc thc high \vntcr mark hforo siicli Ih tion, and ttic flow shall IIC divcrtrd onlv I.vhrn con- 5tnlction of tl,,. diversion is compl(.tctl. Chnrlncl IIJnk 21. So di*l)rix, zoil. silt,, s.iii(4. l).irk, sl.ish. 7nXt.cli * I)i\li. crmc*nt or cnric,rc,tc+ or \v:~\lliiiq< thcrrn x I).irrirr mn\truction shall 11(* ndciiirntc 00 pr(-;cnt )c.troli.iim )ro(lii(.t\ or i1iIic-r orcJiiir or canrttit,ii rccp.i<c* into or frorn thc \vr)rk ;irr;i. Clinnni*I h2nL.s or Irom .irib. 1oSciriC. con \ t ri i c! io i i . or a *. as f )ci .i t c( 1 hnrrtc-rs slinll riot hv rnntlr of cnrtli or otlicr \iihstoricr*T of tvti.rti,\vr ri.itiirc% \li.rIl tw nllo\\wl to vritvr su1)ic~t to crncion unlcsy first cncloscvl lw shcet piling. pl;icrrl fvtit*r(- it m:iy I)(* wnchctl I)y rniiif:ill o rock riprap. or other protrcti\,c? mntrrinl. TIC c*nclo~rirc itito. \\;rtc.rt ot ttit* St.ttc*. \Vtic~ii ol)(-rxtiori5 n ~nd tlrc sri1)portivo rnn!cri;il ch;ill tw r('miivc(1 wtirn * (VI, nnv I*XWM rii:iti-ritil$ or tli*liri< \linIl tw I r" rorn ' tlri* tvork ;ir(-.r. So rtr1)l)isli cti.ill li(* (I the work is comnl~:tc~l :ind ttrc r(*inov;il sti.ill normnlly procws(l from rto\vrictrr:irn ill nri iip\trr;ini (firvrtioii. \\,itliiii 1-7) f,.t.t {if riI(. tIi<li \\..iti*r rii,irL tif .if)\ rrl:itf*ri.il\ .irifl \li.i11 IN* r[*iiift\t.tl iiiiiiit.iI:.itt,It. iij~iti \\IIIL. ,, , __ I'\t$* t~ln.i.l~l)r \\ill IIIII~~\ [lii. I), 1i.iitIiii.jiI itf I N I IT1 1 11 I % t Il,1 I rro 1 i1>1(* 5iirfnct.c will !If' divvrtcd into \tsi>lc .II to bccornc rccsta e Iishctl. . wtcr in tlic ;ma is dear o f turbttiity, tlic gr.11 13. If opcrntions rcquirc rnovinq of cquipncilt .. ' - . ' qravcl which wll cnusc lrttlc or no siltation. - . - .- , + b<+lo\v. . ,. s 1 Ti,rril>or:ir\. fill\ 01.111 IIV ciiiittnic tvt1 of rioiic ro,lil~lt~ or 1.11(. (;,lllll~ of ltll. <l,lt,, Ill l1~111111~ Ill I I:I' I,' (:I *#1b I II. tI,1* 11,Itl~ Ijf ~l,lll~lll IIOII 111 ll~ll~l*lflllll\ .It I( .I\t ! 1)iitir ti) \iictb t t~itilil, titiii. 1'; l,;iiiii1)tiii,iit \11.111 iiiit lit- iiiii~r.iti~11 iii tiit, lsiL.is or it\ rii.irL:iii c.rcc.~it ~1iirii1~ ('tt.,i\.itit)ti .iii(I .I( iii.ty h* iit'c vb. I i .. r January 22, 1990 Ki rchnavy Construct ion, Inc. 1010 Linda Vista Dr. San Marcos, CA 92069 Re: Bond Release - Contract No. 3233 - La Costa Ave. Mitigation Per instructions from our Municipal Projects Department, we are hereby releasi the remaining 25% of the bond for the above-referenced contract: Performance Bond 5071640 Hartford Accident and Indemnity Co. The bond is enclosed so th.at you may return it to your surety. 4pf$f$ K EN R. UNU Z “Deputy City Cler Enc. _____ - _. - ---- 1200 Carlsbad Village Drive - Carlsbad, California 92008 * (619) 434-28 L aITE IT - DON’T SAY e! W Date % a Reply Wanted UNO Reply Necessary Re: Bond Release - & c2zz Our records indicate that the bond for the above-referenced subdivision your written authorization/approval for release. the status, and if release is 0.k. Please let me know Thanks, 4 (/?/<’ F-0 & PRINT Y- AIGNER FORM NO. 55-032 3 f i c -J * \IpITE IT - DON’T SAY *! Date 6 To a Reply Wanted From Karen Kundtz, Deputy City Clerk UNO Reply Necessary v (Y Re: Bond Release - & fl 3-?-3j+g% &* Our records indicate that the Srj”, Nu A&\ bond for the above-referenced subdivision/project is eligibl8for release. your written authorization/approval for release. the status, and if release :LS 0.k. JZG & + /- L 2 We need Please let me know Thanks, b PRlN Y- AIGNER FORM NO. 55032 7 f 1 I i J 6 * 0 * 1200 ELM AVENUE TELEF CARLSBAD, CALIFORNIA 92008 (619) 4; Office of the City CIerh Mita a€ a#rlBbab October 25, 1988 Kirchnavy Construction, Inc. 1010 Linda Vista Dr. San Marcos, CA 92069 Re: Bond Release - Contract No. 3233 - La Costa Ave. Mitigation Per instructions from our Municipal Projects Department, we are hereby releasing the following bond for the above-referenced contract: Labor & Materials Bond No. 5071640 Hartford Accident and Indemnity Co. The bond is enclosed so that you may return it to your surety. 5iiifB7 Deputy City Clerk Enc . w II~IF-DON’TSAY Sa * i) fl UNO Reply Necessary Re: Bond Release - & .; Our records indicate that the bond for the above-ref erenced st+2:-.-1=,- ‘en/pro j ec t is eligible for release. your written authorization/approval for release. the status, and if release iS 0.k. .. We need Please let me know Thanks, - 6 J ~ .-- / d -re- -si-- i AIGNER FORM NO. 55-032 PRINTED vv I I t I I - uUN’T SAY I@ Date 9/22 9 1 To . ,& a Reply Wanted From Karen Kundtz, Dfputy City Clerk UNO Reply Necessary Re: Bond Release - & .& -6 3232 Our records indicate that the e bond for the above-referenced - ’ niproject is eligible for release. We need your written authorization/approval for release. Please let me know the status, and if release is 0.k. - / .. Thanks , i PRINTEI Y- AIGNER FORM NO 55-032 e a 1200 ELM AVENUE TELEF CARLSBAD, CALIFORNIA 92008 (619) 4: Office of the City Clerk aitg #f anrlsbab December 3, 1987 Wm. J. Kirchnavy, Inc. 1010 Linda Vista Dr. San Marcos, CA 92069 Re: Bond Release - La Costa Avenue Mitigation Project Contract No. 3233 The Notice of Completion for the above referenced contract has recorded. Therefore, we are releasing 75% of the Faithful Performance Bond. Please consider this letter as your notification that $521,520.00 of Hartford Accident and Indemnity Company Faithfu Performance Bond No. 5071640 is hereby released. We are required to retain the remaining 25% for a period of one year. At that time, if no claims have been filed, it will be released. The Labor & Materials Bond, in the amount of $347,680, will be eligible for release six months from the date of recordation of the Notice of Completion (copy enclosed). SZ&7 Deputy City Clerk Enc . nnbunuulu nljquljainu DL MYU nLLunil LU; City Clerk 1200 Elm Avenue Carlsbad, CA 92008 0 1692 re?? pr..r NOTICE OF COMPLETION i, I1 G*,i 26 E MUNICIPAL PROJECTS DEPARTMENT To All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE: TAKE NOTICE that on SeDtember 15, 1987 the engineering proji ect consisting of the construction of the La Costa Avenue Mitisation Project on which William J. Kirchnavy Construction, Incomorated was the contractor, and Hartford Accident aid Indemnity Company was the surety, was completed. ccts Manager VERIFICATION OF CITY CLERK I the undersigned, say: I am the City Clerk of the City of Carlsbad; the City Council of said City on 0- $0 1?&7 accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is t -1 LLcle and correct. Executed on 00% dl 1787 at Carlsbad, California. CITY OF CARLSBAD - City Clerk 0 . ,, ,. ..~‘,’ :.I ,/yw L%.-.r,- iprf.;J ‘ “P8 &/+ .” c e 0 1200 ELM AVENUE TELE CARLSBAD, CALIFORNIA 92008 (619) 4 Office of the City Clerk Uitg of Qkrlsbnb October 21, 1987 Vera L. Lyle County Recorder P.O. Box 1750 San Diego, CA 92112 Enclosed for recordation are the following described documents: Not:ice of Completion - Municipal Projects McCain Construction Company, Inc., Contractor Traffic Signal - Palomar Airport Rd/Camino Vicla Roble Notice of Completion - Municipal Projects William J. Kirchnavy Construction, Contractor La Costa Avenue Mitigation Project Notice of Completion - Municipal Projects Wiltliam J. Kirchnavy Construction, Contractor Cynthia Lane Assessment District Our staff has determined that the recordation of these documents is of benefit to the City; therefore, it is requested that the fees be waived. Thank you for your assistance in this matter. ZYXZF Deputy City Clerk Encs. @ City *Clerk ' 1200 Elm Avenue Carlsbad, CA 92008 NOTICE OF COMPLETION MUNICIPAL PROJECTS DEPARTMENT To All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on September 15, 1987 the engineering pro:j ect consisting of the construction of the La Costa Avenue Mitisation Project on which William J. Kirchnavv Construction, Incorporated was the contractor, and Hartford Accident and Indemnity Company was the surety, was completed. VERIFICATION OF CITY CLERK I the undersigned, say: I am the City Clerk of the City of Carlsbad; the City Council of said City on 0- 40 1987 accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on oc& dl /7&7 at Carlsbad, California. I CITY OF CARLSBAD _- City Clerk