HomeMy WebLinkAboutWR Connelly Inc; 1999-05-25; 3593- DOC - . .
RECORDED REQUESTED BY ,1867 CIUG 07,
r-q -I 2000-04i5331
2000 x0:13 AM
CITY OF CARLSBAD rnICICY itEam
AND WHEN RECORDED PLEASE
~~~~~~ . : ’ 0.00 MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
~l~l~l~~n~l~~llllnnlm 2000-0415331
Space above this line for Recorder’s use.
Notice is hereby given that:
NOTICE OF COMPLETION
I.
2.
3.
4.
5.
6.
7.
The undersigned is owner of the interest or estate stated below in the property hereinafter
described.
The full name of the undersigned is City of Carlsbad, a municipal corporation. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008.
The nature of the title of the undersigned is: In fee.
A work or improvement on the property hereinafter described was completed on May 12,200O.
The name of the contractor, if any, for such work or improvement is W.R. Connelly, Inc.
The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: The rough grading and
drainage improvements for Faraday Avenue extension from the westerly termivus of the existing
Faraday Avenue to Cannon Road, Project No. 3593.
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad,
California, 92008; the City Manager of said City on July 25 ,20 00
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 July 28 ,20-d at Carlsbad, California.
i;Le,. d 7-27-03 p,?om~ .3-, 93
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C ITY OF CARLSBAD j
CONTRACT CHANGE ORDER TRANSMI AL -C/O #5
Project: #3593 FARADAY AVENUE EXTENSION (ROUGH GRADING AND DRAINAGE)
Date Routed:
Public Works Director/City Engineer
Engineering Inspection
Finance Director
City Manager/Mayor
Engineering Inspection
Reasons for changes:
Item 1-3
ltem4
The manufacturer of the pre-cast box culvert did not meet its delivery
obligations causing equipment standby time, additional excavation,
subgrade preparation, and additional crane time. The City will seek
reimbursement from the manufacturer for these costs.
The joint sealing method specified in the contract for the box culvert is
for a different manufacturer and is not applicable for the culvert
ultimately used. The method to be used requires extra work.
COST ACCOUNTING:
Original contract amount .................................................................. $ 1,580,057.22
Total amount this c/o ........................................................................ $ 18,600.00
Total amount of previous c/o's .......................................................... $ 203,250.00
Total c/o's to date ............................................................................. $ 221,850.00
New Contract Amount ...................................................................... $ 1,801,907.22
Total c/o's as% of original contract................................................... 14.4%
Contingency monies encumbered .................................................... $ 237,009.00 ,,
Contingency increase or decrease ................................................... $ 500,000.00,,
Contingency Subtotal ....................................................................... $ 737,009.00
Total c/o's to date ............................................................................. $ 221,850.00/
Contingency Balance ........................................................................ $ 515,159.00
CITY OF CARLSBAD
PROJECT: #3593 FARADAY AVENUE EXTENSION (ROUGH GRADING AND DRAINAGE)
CONTRACT CHANGE ORDER NO. 5
CONTRACT NO. 3593 P.O. NO. P1065d ACCOUNT NO. 4307000-9060-35931-900 / --.
CONTRACTOR:
ADDRESS:
W.R. CONNELLY, INC.
9210 OLIVE
SPRING VALLEY, CA 91977
The Contractor is directed to make the following changes as described herein. Changes
shall include all labor, materials, equipment, contract time extension, and all other goods
and services required to implement this change. Payment stated on this change order
includes all charges, direct or indirect, arising out of this additional work and is expressly
agreed between the City and the Contractor to be the complete and final costs hereof.
The requirements of the specifications, where pertinent and not in conflict with this
change order, shall apply to these changes. This change order is not effective unless
signed by the City Manager and/or the Mayor.
Pursuant to subsection 3-3, Extra Work, SSPWC 1997 and the Special Provisions,
perform the following as directed by the Engineer:
Item 1: Full compensation for crane stand-by time for pedestrian under-crossing
installation at STA 36+00 on September 28, 1999.
Estimated increase to contract cost ............................................... $ 4,000.00
Item 2: Re-excavate and prepare subgrade for pedestrian under-crossing end pieces
at STA 36+00.
Estimated increase to contract cost ............................................... $ 2,600.00
Item 3: Perform additional crane work to place end pieces at STA 36+00 due to the
manufacturer's failure to deliver all pieces at one time.
Estimated increase to contract cost.. .......................................... $ 2,000.00
#3593 FARADAY AVENUE EXTENSION (ROUGH GRADING AND DRAINAGE)
Change Order No. 5
Page 2
Item 4: Grout all joints of the pre-cast concrete pedestrian under-crossings as
directed by the project inspector and as required by the design engineer at
STA 16+50 and 36+00.
Estimated increase to contract cost ............................................... $ 10,000.00
TOTAL ESTIMATED INCREASE TO CONTRACT COST ............... $ 18,600.00
TIME FOR COMPLETON OF ALL WORK UNDER THIS CONTRACT SHALL
NOT BE AFFECTED BY THIS CHANGE ORDER.
RECOMMENDED BY:
NSTRUCTION
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/FlANCE DIRECTOR
DISTRUBUTION:
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(DATE)
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(DATE)
INSPECTION FILE {ORIGINAL)
PURCHASING
CONTRACTOR
APPROVED BY:
lt>k,/u
(DATE)
CITY OF CARLSBAD
San Diego County
California
C
CONTRACT DOCUMENTS AND SPECIAL
PROVISIONS
FOR
FARADAY AVENUE
EXTENSION
(ROUGH GRADING AND DRAINAGE)
CONTRACT NO. 3593
January5,1999
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G 01/05/99 Contract No. 3593 Page 1 of 04 Pages
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John P. Strohminger
RCE NO. C55187 Q
Expires 6/30/2000
. PREPARED BY,
O’DAY CONSULTANTS, INC.
5900 PASTEUR COURT
SUITE 100
CARLSBAD, CA 92008
Phone (760) 931-7700
Fax (760) 931-8680
Contract No. 3593 Page 2 of 04 Pages
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TABLE OF CONTENTS
NOTICE INVlTlNG BIDS ........................................................................................................... 5
CONTRACTOR’S PROPOSAL .................................................................................................. 9
BID SECURlPl FORM ............................................................................................................ 18
BIDDER’S BOND TO ACCOMPANY PROPOSAL ................................................................... 19
GUIDELINES FOR COMPLETING THE “DESIGNATION OF SUBCONTRACTOR AMOUNT
OF SUBCONTRACTOR’S BID’ AND “DESIGNATION OF OWNER OPERATOR/LESSOR &
AMOUNT OF OWNER OPERATOR/LESSOR WORK” FORMS ....................................... 21
DESIGNATION OF SUBCONTRACTOR &AMOUNT OF SUBCONTRACTOR’S BID .......... .23
DESIGNATION OF OWNER OPERATOR/LESSOR & AMOUNT OF OWNER
OPERATOR/LESSOR WORK ................................................................................................ 24
BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY.. ................................................ 25
BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE ................................ 28
BIDDER’S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS’
LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS’ COMPENSATION.. ......................... 27
BIDDER’ S STATEMENT OF RE-DEBARMENT ..................................................................... 28
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD ................................................... 29
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID .............................................................................. 31
CONTRACT PUBLIC WORKS.. ................................................................................................ 32
lABOR AND MATERIALS BOND ............................................................................................ 39
FAITHFUL PERFORMANCE/WARRANTY BOND ................................................................... 41
REPRESENTATION AND CERTIFICATION ........................................................................... 44
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RETENTION (OPTIONAL) ............................................................... 45
a 0 1105199 Contract No. 3593 Page 3 of 84 Pages
,- SPECIAL PROVISIONS
SUPPLEMENTAL PROVlSlONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION PART 1, GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS . . . . . . . . . . . . . 70
SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION PART 3, CONSTRUCTION METHODS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
APPENDICIES
APPENDIX A - COASTAL DEVELOPMENT PERMIT
APPENDIX B - HABITAT LOSS PERMIT (SECTION 4(d))
P
e 01105/99 Contract No. 3593 Page 4 of 84 Pages
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CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carisbad Village
Drive, Carisbad, California 92008-1989, until 4:00 P.M. on the 3rd day of March, 1999, at which
time they will be opened and read, for performing the work as follows:
CONSTRUCTION OF FARADAY AVENUE ROUGH GRADING AND DRAINAGE.
FARADAY AVENUE EXTENSION
CONTRACT NO. 3593
The work shall be performed in strict conformity with the specifications as approved by the City
Council of the City of Carlsbad on file with the Public Works Engineering Department. The . . specifications for the work include the ti *la! on. and the 1998 and 1999 swnt therm all hereinafter designated ‘SSPWC” as issued
by the Southern California Chapter of the American’ Public Works Association and as amended by
the special provisions sections of this contract. Reference is hereby made to the specifications for
full particulars and description of the work.
The City of Carlsbad encourages the participation of minority and women-owned businesses.
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors
to utilite recycled and recyciable materials when available, appropriate and approved by the
Engineer.
The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when
a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in
the State of California as an irresponsible bidder.
No bid will be received unless it is made on a proposal form furnished by the Purchasing
Department. Each bid must be accompanied by security in a form and amount required by law.
The bidder’s security of the second and third next lowest responsive bidders may be withheld until
the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall
be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant
to the provisions of law (Public Contract Code section 10263) appropriate securities may be
substituted for any obligation required by this notice or for any monies withheld by the City to ensure
performance under this Contract. Section 10263 of the Public Contract Code requires monies or
securities to be deposited with the City or a state or federally chartered bank in California as the
escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of
the agent in connection with the handling of retentions under this section in an amount not less than
$100,000 per contract.
The documents which comprise the Bidder’s proposal and that must be completed, properly
executed and notarized are:
G 01/05/99 tiontract No. 3593 Page 5 of 84 Pages
1. Contractor’s Proposal
Designation of Owner Operator/Lessors 8
2. Bidder’s Bond - . .
Amount of Owner Operator/Lessor Work
3. Non-Collusion Affidavit -
Bidder’s Statement of Financial
4. Designation of Subcontractors
and Amount of Subcontractor Bid
Responsibility
5. -
6.
7. Bidder’s Statement of Technical Ability
and Experience
8. Certificate of Insurance
l 9. Bidder’ s Statement Re Debarment
12.Escrow Agreement for Security Deposits -
y 1 O.Bidder’s Disclosure Of Discipline Record
J 11 #Purchasing Department Representation and
(optional, must be completed if the Bidder
Certification
wishes to use the Escrow Agreement for
Security)
All bids will be compared on the basis of the Engineer’s Estimate. The estimated quantities are
approximate and serve solely as a basis for the comparison of bids. The Engineer’s Estimate is
$1,350,000.00.
No bid shall be accepted from a contractor who is not licensed in accordance with the provisions of
California state law. The contractor shall state their license number, expiration date and
classification in the proposal, under penalty of perjury. The following classifications are acceptable
for this contract: Class “A” in accordance with the provisions of state law.
If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu
of the usual 10% retention from each payment, these documents must be completed and submitted
with the signed contract. The escrow agreement may not be substituted at a later date.
Sets of plans, special provisions, and Contract documents may be obtained at the Purchasing
Department, City Hall, 1200 Carlsbad Village Drive, Cartsbad, California, for a non-refundable fee of
- $50.00 per set. If plans and specifications are to be mailed, the cost for postage should be added.
Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings,
- specifications or other contract documents, or finds discrepancies in or omissions from the drawings
and specifications may submit to the Engineer a written request for clarification or correction. Any
response will be made only by a written addendum duly issued by the Engineer a copy of which will
- be mailed or delivered to each person receiving a set of the contract documents. No addition to, or
modification of or interpretation of any provision in the contract documents will be given orally nor
may any bidder rely on oral directions.
P The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or
informality in such bids.
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The general prevailing rate of wages for each craft or type of worker needed to execute the Contract
shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770,
1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy
of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the
Contract is awarded shall not pay less than the said specified prevailing rates of wages to all
workers employed by him or her in the execution of the Contract.
q 01/05/99 Contract No. 3593 Page 6 of 64 Pages
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The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5
of the Labor Code and section 4100 et seq. of the Public Contracts Code, “Subletting and
Subcontracting Fair Practices Act.” The City Engineer is the Ciis “duly authorized officer” for the
purposes of section 4107 and 4107.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to
the Contract for work.
- A pre-bid meeting of the project site will be held Thursday, February 18, 1999 at 9:00 am at the City
of Carlsbad Community Development Building located at 2075 Las Palmas Drive, Carlsbad,
California. A pm-bid tour of the site will held at the end of the pm-bid meeting at the existing
westerly terminus of Faraday Avenue approximately one mile west of the intersection with College
Boulevard. Bidders are to provide their own transportation.
To facilitate the scheduling the City of Carlsbad will be pm-ordering and paying for the precast
segments for the pedestrian undercrossings shown on the plans and detailed in the special
provisions.
All bids are to be computed on the basis of the given estimated quantities of work, as indicated in
this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between
words and figures, the words shall prevail. In case of an error in the extension of a unit price, the
corrected extension shall be calculated and the bids will be computed as indicated above and
compared on the basis of the corrected totals.
- All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or - written in with ink and must be initialed in ink by a person authorized to sign for the Contractor.
Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to
bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid.
Bonds to secure faithful performance and warranty of the work and payment of laborers and
materials suppliers, in an amount equal to one hundred percent (100%) and fifty percent (50%)
respectively, of the Contract price will be required for work on this project. These bonds shall be
kept in full force and effect during the course of this project, and shall extend in full force and effect
and be retained by the City until they are released as stated in the Special Provisions section of this
contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to
transact the business of insurance in California and whose assets exceed their liabilities in an
amount equal to or in excess of the amount of the bond. The bonds are to contain the following
documents:
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1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or
other instrument entitling or authorizing the person who executed the bond to do so.
2) A certified copy of the certificate of authority of the insurer issued by the insurance
commissioner.
If the bid is accepted, the City may require copies of the insurer’s most recent annual statement and
quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with
section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of
,- the insurer’s receipt of a request to submit the statements.
7 G 01 IOU99 Contract No. 3593 Page 7 of 04 Pages
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Insurance is to be placed with insurers that have’ (1) a rating in the most recent Best’s Key Rating
Guide of at least A-3/, and (2) are admitted and authorized to transact the business of insurance in
the State of California by the Insurance Commissioner. Auto policies offered to meet the
specification of this contract must: (1) meet the conditions stated above for all insurance companies
and (2) cover anv veh& used in the performance of the contract, used onsite or offsite, whether
owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance
certificate must state the coverage is for “any auto” and cannot be limited in any manner.
Workers’ compensation insurance required under this contract must be offered by a company
meeting the above standards with the exception that the Best’s rating condition is waived. The City
does accept policies issued by the State Compensation Fund meeting the requirement for workers’
compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Any additional
cost of said insurance shall be included in the bid price.
The award of the contract by the City Council is contingent upon the Contractor submitting the
required bonds and insurance, as described in the contract, within twenty days of bid opening. If the
Contractor fails to comply with these requirements, the City may award the contract to the second or
third lowest bidder and the bid security of the lowest bidder may be forfeited.
The prime contractor and all subcontractors are required to have and maintain a valid City of
Carlsbad Business License for the duration of the contract.
Approved by the City Council of the City of Carlsbad, California, by Resolution No
adopted on the 5th day of January ,1999 .
99-9 )
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Date
a 01105l99 Contract No. 3593 Page 8 of 84 Pages
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CITY OF CARLSBAD
FARADAY AVENUE EXTENSION
(ROUGH GRADING AND DRAINAGE)
CONTRACT NO. 3593
CONTRACTOR’S PROPOSAL
City Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
The undersigned declares he/she has carefully examined the location of the work, read the Notice
Inviting Bids, examined the Plans, Specifications, Special Provisions and addenda thereto, and
hereby proposes to furnish all labor, materials, equipment, transportation, and services required to
do all the work to complete Contract No. 3593 in accordance with the Plans, Specifications, Special
Provisions and addenda thereto and that he/she will take in full pay therefor the following unit
prices for each item complete, to wit:
Item
1
BID SCHEDUL
. . Dea&sm
Mobilization and preparatory
work at a lump sum
amount not to exe d
Fifty Thousand Doll
(Lump Sum)
ik
Limit of work fence (F) LS at
Dollars (Lump Sum)
Silt fence (F) at LS
Dollars (Lump Sum)
(F) Designates Final Pay Quantity per subsection 9-l .1015 of Special Provisions (typical).
a 01/05/99 Contract No. 3593 Page 9 of 04 Pages
LS Environmental fence (F)
at
S $ 4
Dollars (Lump Sum)
5 Clearing and grubbing
lump sum at
LS
Dollars (Lump Sum)
6 162,300 CY
126,600 CY
Unclassified excavation
(raw cut) (F) at
Dollars per Cubic Yard
7 Unclassified excavation
(remedial remove and
recompact) at
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1 02
Dollars per Cubic Yard
8 Embankment surcharge area 1 (F) at
Dollars per Cubic Yard u
Embankment .surcharge 26,220 CY
area 2 (F) at
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9
Dollars per Cubic Yard
Settlement monitoring program at
LS 10
11
Dollars (Lump Sum)
Furnish and install erosion
and water pollution control at
LS
Dollars (Lump Sum)
a 01/05/99 Contract No. 3593 Page 10 of 84 Pages
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12 Curb inlet Type “B” (D-2)
at
Dollars Each
13 Catch basin Type “F (D-7)
at
Dollars Each
14 S.D. cleanout Type B-5 (6-10)
Dollars Each
15 S.D. cleanout Type A-4 (D-9)
at
Dollars Each
16
17
Dollars Each
16 I” type headwall (D-36)
at
Dollars Each
19
20
Rip-rap energy dissipator
(D-40) at
Dollars Each
Concrete lug (D-63) at 1EA
1oEA $ $
Dollars Each
a 01/05/99
12EA
1EA
2EA
0 16
3EA
1EA
20 EA
Contract No. 3593 Page 11 of 84 Pages
21
22
23
24
h
25
26
27
28
29
Concrete brow ditch Type
‘B’ or ‘0” (075) at
Dollars per Linear Foot
l&inch RCP (1350-D) at
Dollars per Linear Foot
18-inch RCP (1350-D) with
water tight joints at
Dollars per Linear Foot
24-inch RCP(1350-D)
at
Dollars per Linear F
30-inch RCP (1350
Dollars per Linear Foot
30-inch RCP (2000-D) at
Dollars per Linear Foot
36-inch RCP (2000-D) with
water tight joints at
Dollars per Linear Foot
36” CMP Riser (DS-3) at
Dollars Each
Pedestrian undercrossing
(provided by City) station
16+50 installed at
Dollars (Lump Sum)
3,720 LF
1,459 LF
267 LF
118 LF
257 LF
1EA
LS
a 01/05/99 Contract No. 3593 Page 12 of 84 Pages
30 Pedestrian undercrossing
(provided by City) station
36+00 installed at
LS
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Dollars (Lump Sum)
4EA 31 Headwall for pedestrian
undercrossing at
Dollars Each
8EA 32 Access control chainlink gate, 6’ wide by 8’ high at / EA b
Dollars Each
Stabilized construction
.entrance at \
33
1EA 34
\ I
Dollars Each
Hydroseed area 1 ( LS 35
36
e-. 37
38
Dollars (Lump Sum)
Hydroseed area 2 (F) at
Dollars (Lump Sum)
Hydroseed area 3 (F) at LS
Dollars (Lump Sum)
6M0 Slope maintenance at
Dollars per Month -r
‘- a 01105/99 Contract No. 3593 Page 13 of 04 Pages
2-22-99; 2:iaPM;Clty of Carlsdad ;1 760 434 1987 # 11 1
City Carlsbad of --c- e.. ..-.I
February 22.1999
ADDENDUM NO. 1
RE: FARADAY AVENUE GRADING AND DRAINAGE IMPROVEMENTS CONTRACT
NUMBER 3593
Please include this addendum in the Notice to Bidder/Request for Bids you have for the
above project.
l The bid opening date is no 999, at 4:OOPM. Bids will be accepted up
to, but not after, this date
- This addendum will be faxed to all planholders for whom we have fax numbers. All
planholders will receive a copy in the mail. At least one other addendum will follow by mail.
This addendum-receijut acknowledged-must be attached to your Proposal FormlBid when
your bid is submitted.
m.mi FLETCHER
Purchasing Offir
RF:kkf
Attachment
t ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1
,-
Bidder’s Signature ’
1200 Carlsbad Village Drive + Cartsbad, CA 92008-1989 + (760) 434-2803 - FAX (760) 434-1987 a9
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‘City of Carlsbad
February 22,1999
ADDENDUM NO. 2
RE: FARADAY AVENUE GRADING AND DRAINAGE IMPROVEMENTS
CONTRACT NUMBER 3593
Please include the attached addendum in the Notice to Bidder/Request for Bids you
have for the above project.
This addendum--receipt acknowledged--must be attached to your. Proposal Form/Bid
when your bid is submitted.
RUTH FLETCHER
Purchasing Officer
RF: kld
Attachment
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2
1200 Carlsbad Village Drive l Carlsbad, CA 92008-l 989 l (760) 434-2803 l FAX (760) 434-1987
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C’ity of Carlsbad
February 24, 1999
ADDENDUM NO. 3
RE: FARADAY AVENUE GRADING AND DRAINAGE IMPROVEMENTS,
CONTRACT NO. 3593-O
Please include the attached addendum in the Notice to Bidder/Request for Bids you
have for the above project.
This addendum--receipt acknowledged--must be attached to your Proposal Form/Bid
when your bid is submitted.
RUTH FLETCHER
Purchasing Officer
RF:jlk
Attachment
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 3
&c/
Bidder’s Signature
ADDENDUM NO. 4
RE: FARADAY AVENUE GRADING AND DRAINAGE IMPROVEMENTS,
CONTRACT NO. 3593
Please include the attached addendum in the Notice to Bidder/Request for Bids you
have for the above project.
This addendum--receipt acknowledged--must be attached to your Proposal Form/Bid
when your bid is submitted.
J-/RUTH FLETCHER
Purchasing Officer
RF:jlk
Attachment
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 4
Bidder’s Signature -
3- 8-99; 2:22PM;Clty of Carlsbad ;i 760 434 f987 # 1/ 3
- City of Carl&bad
March 8,1999
ADDENDUM NO. 3
RE: FARADAY AVENUE GRADING AND DRAINAGE IMPROVEMENTS,
CONTRACT NO. 3593
Please indude the attached addendum in the Notice to Bidder/Request for Bids you
have for the above project.
This addendum-receipt acknowledged-must be attached to your Proposal FormlBid
when your bid is submitted.
RlJTIiFLETCHER
Purchasing Officer
Attachment
i ACKNOWLEDGE RECEtPT OF ADDENDUM NO. 5
P/W
Bidder’s Signature /
1200 Carlsbsd Village Drive l Carlsbad, CA 92008-1989 l (760) 434-2803 l FAX (760) 434-l 987 @
City of Carlsbad
March 11, 1999
ADDENDUM NO. 6
RE: FARADAY AVENUE GRADING AND DRAINAGE IMPROVEMENTS
CONTRACT NO. 3593
Please include the attached addendum in the Notice to Bidder/Request for Bids you
have for the above project.
This addendum--receipt acknowledged--must be attached to your Proposal Form/Bid
when your bid is submitted.
RUTH FLETCHER
Purchasing Officer
RF:jlk
Attachment
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 6
/I
Bidder’s Signature v
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-5
Item No. Description
FARADAY AVENUE EXTENSION
(ROUGH GRADING AND DRAINAGE)
PROJECT NO. 3593 -ADDENDUM NO. 2
ADDITION TO BID SCHED~f?T”oF”
39
40
41
42
r
43
Buttress stability fill 47+50 to 50+70 at
Dollars per Cubic Yards
Buttress stability fill
50+70 to 54+70 at
Dollars per Cubic Yard
Modified box culvert (D-76) 8’ high X 12’ wide, beveled to 2:l at
Dollars Each
Modified box culve 8’ high X 12’ wide, to 3:l at
\ I
Dollars per Linear Foot
Approximate Quantity Unit and Unit Price Total
14,000 CY $ $
22,000 CY
20 LF
Total amount of bid in words:
Total amount of bid in numbers: $
Price(s) given above are firm for 90 days after date of bid opening.
Addendum (a) No(s). / 2 3 4 Se 6 has/have been received and is/are included in this proposal. * t -t 8
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-
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The Undersigned has carefully checked all of the above figures and understands that the City will
not be responsible for any error or omission on the part of the Undersigned in preparing this bid.
The Undersigned agrees that in case of default in executing the required Contract with necessary
bonds and insurance policies within twenty (20) days from the date of award of Contract by the City
Council of the City of Cartsbad, the City may administratively authorize award of the contract to the
second or third lowest bidder and the bid security of the lowest bidder may be forfeited.
The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do
business or act in the ca city of a c 42Yf34 J”
ntractor within the State of Califo * AT , validly licensed under
license number
g-j% -2bc70 /
I classification which expires on
and that this statement is true and correct and h
5fJ
the legal effect of
an affidavit. c Y A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the
Business and Professions Code shall be considered nonresponsive and shall be rejected by the City
Q 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be
invalidated by the failure of the bidder to be licensed in accordance with California law. However, at
the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code
5 20104.
The Undersigned bidder hereby represents as follows:
1. That no Council member, officer agent, or employee of the Cii of Carlsbad is personally
interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no
representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted
him/her to enter into this Contract, excepting only those contained in this form of Contract and the
papers made a part hereof by its terms; and
2. That this bid is made without connection with any person, firm, or corporation making a bid for
the same work, and is in all respects fair and without collusion or fraud.
Accompanying this proposal is
or Cashier’s Check) for ten percent (10%) of the amount bid.
(Cash, Certified Check, Bond
The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every
employer to be insured against liability for workers’ compensation or to undertake self-insurance in
accordance with the provisions of that code, and agrees to comply with such provisions before
commencing the performance of the work of this Contract and continue to comply until the contract
is complete.
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative
to the general prevailing rate of wages for each craft or type of worker needed to execute the
Contract and agrees to comply with its provisions.
a 01/05/99 Contract No. 3593 Page 15 of 04 Pages
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(1) Name under which business is conducted
(2) Signature (given and surname) of proprietor
(3) Place of Business
(Street and Number)
City and State
(4) Zip Code Telephone No.
IF:
(1) Name under which business is conducted
(2) Signature (given and surname and character of partner) (Note: Signature must be made by a
general partner)
(3) Place of Business
(Street and Number)
City and State
(4) Zip Code Telephone No.
IF A CORPO~TION. SIGN HERE:
(1) Name under which business is conducted ,
(2) 2y?&k&g
(Signature)
A?? (
(Title)
Impress Corporate Seal here
. . .
. . .
. . .
. . .
. . .
a 01/05/99 Contract No. 3593 Page 16 of 64 Pages
Incorporated under
(4) Place of Business d?G&?
(Street and Number)
City and State
(5) Zip Code
J-&+(/,&
Telephone No.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
AlTACHED
List below names of president, vice president, secretary and assistant secretary, if a corporation; if a
partnership, list names of all general partners, and managing partners:
a 01105/99 Contract No. 3593 Page 17 of 04 Pages
BID SECURITY FORM
(Check to Accompany Bid)
(NOTE: The following form shall be used if check accompanies bid.)
P
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Accompanying this proposal is a *Certified *Cashiers check payable to the’order of CITY OF
CARLSBAD, in the sum of
this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall
become the property of the City provided this proposal shall be accepted by the City through action
of its legally constituted contracting authorities and the undersigned shall fail to execute a contract
and furnish the required Performance, Warranty and Payment Bonds and proof of insurance
coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The
proceeds of this check shall also become the property of the City if the undersigned shall withdraw
his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless
othennrise required by law, and notwithstanding the award of the contract to another bidder.
BIDDER
*Delete the inapplicable word.
(Note: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following
pages shall be executed-the sum of this bond shall be not less than ten percent (10%) of the total
amount of the bid.) r
G 01105199 Contract No. 3593 Page la of 84 Pages
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BIDDER’S BOND TO ACCOMPANY PROPOSAL
KNOW ALL PERSONS BY THESE PRESENTS:
~- &w’TdO s TA
Thatwe, k, R, CO/UW~LL~ Xwc, ,asPrincipal,and Fr:oe~~r% f?GilA#tAru7~gorr~~~ , as Surety are held and firmly bound unto the City of Cartsbad, California, in an amount as follows:
(must be at least ten percent (10%) of the bid amount) /of, u u’ 7 H& ~1n~-7&for which
payment, well and truly made, we bind ourselves, our heirs, executors and administrators,
successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-
bounden Principal for:
FARADAY AVENUE EXTENSION
(ROUGH GRADING AND DRAINAGE)
CONTRACT NO. 3593
in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and
execute a Contract including required bonds and insurance policies within twenty (20) days from the
date of award of Contract by the City Council of the City of Carisbad, being duly notified of said
award, then this obligation shall become null and void: otherwise, it shall be and remain in full force
and effect, and the amount specified herein shall be forfeited to the said City.
. ..*
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
a 01105/99 Contract No. 3593 Page 19 of 84 Pages
_- In thr went Princlpaf exeu&bd thb bond as an Mvfdurl, It Ia ogrnd that the death of Prlncipal
shall not exonerate the Surf& from Its obligations under this bond.
Executed by PRINCIPAL thb 3 7/J
day of ~NCCC ‘m
8th
1QL.
day of
PRINCIPAL: SURECY:
W.R. CONBELLY, INC. UNITED STATES FIDELITY AND GUARANTY COMPANY
(name of Prlncipt) (name of Surety)
e y: (sign here) ’
uf
(print name here)
3230 E. IMPERIAL EWY., STE. 116 CA 93871
(addmss of Surety)
(714) 985-3334
(telephqne/nwnber of Surety)
cg p&$r&J OP j$cfMpI-
:nd Organlzatlon of SIgnat fy) TYy J’,,, (signature of Attorney-in-Fact)
(sign here)
vkumu~ M. PEARCE, ATToIWEY-~N-F~~
(printed rums of Attorney-in-Fact)
(Attach corporate resolution showing current
(Proper notarial acknowledge of execution by PRINCIPAL and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs. the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
Cohtnct No. 3593 Page 20 of 84 Pag-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907
State of California
County of San Diego
On 3-8-99
DATE
personally appeared
before me, America San Martin, Notary Public 9
NAME. TITLE OFOFFICER - E.G.. ‘JANE DOE. NOTARY PUBLIC
Valerie M. Pearce t NAME(S) OF SIGNER(S)
q personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(%) whose name(s) isL%UUQ
subscribed to the within instrument and ac-
knowledged to me that-she- executed
the same in his/her/their authorized
capacity(h), and that by xBdrar/herBM&
signature@) on the instrument the person@),
or the entity upon behalf of which the
person(g) acted, executed the instrument.
my hand and official seal.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
[7 INDIVIDUAL
0 CORPORATE OFFICER
0 PARTNER(S)
T-(S)
0 LIMITED
0 GENERAL
TITLE OR TYPE OF DOCUMENT
0 ATTORNEY-IN-FACT NUMBER OF PAGES
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
17 OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
@I993 NATIONAL NOTARY ASSOCIATION l 6236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7164
.
1834198
United States fidelity and Guaranty Company
Power of Attorney 1 PUSF+C
No. 110749
Know all men by these presents: That United States Fide@ and Guaranty Company, a corporation organized and existing under the laws of the State of
Maryland and having its principal Office at the City of Baltimore. In the State of Maryland, does hereby consutute and appotnt Jerold D. Hall,
Jack T. Warnock, Sandra J. Little, Bart B. Stewart, Valerie M. Pearce, Chris A. Lydick
and Christine A. Paterson
oftiecirvof San Diego , Stateof California its true and lawful Attomeyistin-Fact. each in their separate capacity if more than
one is named above, to sign IU name aS surety to, and to execute, seal and acknowfedge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof on behalf Of the COmPW in its business of guaranteeing the fidelity of persons: guaranteeing the performance of contracts; and executing or guaranteeing
bonds and undertakings required or permitted in any actions or proceadirqs allowed by law.
In Witness Whereof, the said United States fidelity and Guammy lhmpny. has caused this instrument to be sealed with its corporate seal, duly attested by
the signatures of its Vice President and Assistant Secretary, this 30th day of January ,A.D.19 98.
(Signed)
(Signedl
Suta of Marylad 1
BaRimoreCii 1
This Power of Attcmey is granted under and
Gwnmy Company on September 24.1992:
ty of the following Rescdutions adopted by the Board of Directors of the Uniid States Fidelii and
Resoived. that in connection with the fidelity and surety insurance business of the Company, all bonds. undertakmgs. contracts and other instruments relating 10
said business may be signed, executed. and acknowledged by persuns or entities appointed as AttomeyistircFact pursuant m a Power of Attorney issued in accordance with
these resolutions. Said Poweds) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman.
or the President m an Executive Vice President. or a Senior Vice President. or a Vice President or an Assistant Vice Resident. joint& with the Secretary or an Assistant
Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and tie
seal of the Company may be affixed by facsimile m any Power of Attorney or to any certificate relating thereto appointing Attorneyfstin-Fact for purposes only of executing
and attesting bonds and undertakings and other writings obligamry in the nature thereof, and subject to any limitations set forth therein, any such Power of Attorney or
certificate bearing such facsimile signature or facsimile seal shall be valid and bmding upon the Company and any such power so executed and certified by such facsimile
signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached.
Rasolwd. That Attorney(sbin-Fact shall have the power and authority. and, in any case. subject to the terms and limitations of the Power of Attorney issued m
them. m execute and deliver on behalf of the Company and to attach the seal of the Company m any and all bonds and undertakings. and other writings obligatory In the
nature thereof, and any such instrument executed by such Attomeytsbin Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and
attested m by the Secretary of the Company.
I. Thomas E. Huibregtse. an Assistant Secretary of the United States Fidelii and Guaranty Company, da hereby certify that the foregoing are b‘ue excerpts
from tie Resolutions of the said Company as adopted by its Board of Directors on September 24.1992 and that these Resolutions are in full force and effect.
I, the undersigned Assistant Secretary of the United States Fidelity and Guaranty Company, do hereby certify that the foregoing Power of Attorney is in full
force and effect and has not been revoked.
In Testimony Whereof. I have hereunto set my hand and the seal of the United States Fideiii and Guaram Company,
onthis 8th day of ma 399
Assistant Secretary
FS 3112/961
.
.
State of CALIFORNIA
COUnty.Of SAN DIEGO
/F
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On 03/08/99 before me,= LUG _ NC)TARY PTTRT.TP IDA-m @lAME,TlTLE OF OFFICER-i.e.-JANE DOE, NOTARY PUBLIC’1
personally appeared GUS CONNELLY & FARICE L. CONNELLY
(NAMEIS OF SIGNERIS)
YZ personally known to me -OR- El l!i roved to me on the asis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies!, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf gLte;hich the person(s) executed instru’ment. the
Witness my hand and official seal.
(SEAL)
(SIGN- OF NOTARY)
ATTENTION NOTARY
The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document.
THIS CERTIFICATE Tti or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT Number of Psges Dsts of Document
DESCRIBED AT RIGHT:
SinsrId Other Thnn Namnd Abow
WOLCOTTS FORM 83240 Rev. 3-94 (price elsss S-2A) 0 1994 WOLCOTTS FORMS. INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPAClTYIREPRESENTATlONrrWO FINGERPRINTS
RIGHT THUMBPRINT (Optbnslt
CAPAUTY CLAIMED BV SlGNERfS)
I~NDIVIDUALC~I
OCORPORATE
OFFICERM mnEsl
q PARTNERISI q LlMlTED
q GENERAL
q AlTORNEV IN FACT
OTRlJSTEEfSI
OGUARDIANKONSERVATOR
q OTHER:
SIONER Is REPRESENTING:
(Name of Psnonfr) or Entityfiis)
RIGHT THUMBPRINT (Optionsl)
CAPACITY CLAIMED BY SIONERW
OINDIVIDUALIS)
OCORPORATE
OFFICER(SI
m-us)
q PARTNER(Sj q LIMITED
q GENERAL
q lAlTORNEY IN FACT
q TRUSTEE(S)
q GUARDlAN/CONSERVATOR
q OTHER:
SIQNER IS REPRESENTINO:
INams of Person(s) or Entityh)
-
GUIDE FOR COMPLETING
THE “DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR’S BID ITEMS”
AND
“DESIGNATION OF OWNER OPERATOR/LESSOR AND
AMOUNT OF OWNER OPERATOR/LESSOR WORK” FORMS
REFERENCES Prior to preparation of the following Subcontractor and Owner Operator/Lessor
disclosure forms Bidders are urged to review the definitions in section 1-2 of the SSPWC and of the
Special Provisions to this Contract especially, “Bid”, “Bidde?, “Contract”, “Contractof, “Contract
Price”, “Contract Unit Price”, “Engineer”, “Subcontractor” and “work” and the definitions in section
l-2 of the Special Provisions especially “Own Organization” and “Owner Operator/Lessor.*’ Bidders
are further urged to review sections 2-3 SUBCONTRACTS of the SSPWC and section 2-3.1 of
these Special Provisions.
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CAUTIONS Bidders are cautioned that failure to provide complete and correct information may
result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50
percent of the work, excepting work designated on the bidding sheets as specialty work, by other
than the Contractor’s own organization will be rejected as non-responsive.
INSTRUCTIONS Bidders shall use separate disclosure forms for each Subcontractor or Owner
Operator/Lessor of manpower and equipment that is proposed to be used to complete the Work.
All items of information must be completely filled out.
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Where the bid item will be installed by more than one Subcontractor or Owner Operator/Lessor the
percentage of the bid item installed by the Subcontractor or Owner Operator/Lessor being listed in
the line of the form must be entered under the column “O/O of Item by Sub” or “010 of Item by O+o”
as applicable. If a Subcontractor or Owner Operator/Lessor installs or constructs any portion of a
bid item the entire amount of the Contract Unit Price shall be multiplied by the Quantity of the bid
item that the Subcontractor or Owner Operator/Lessor installed.
Suppliers of materials from sources outside the limits of work are not subcontractors. The value of
materials and transport for materials from sources outside the limits of work, as shown on the plans,
shall be assigned to the Contractor, the Subcontractor, or the Owner Operator/Lessor as the case
may be, installing them. The value of material incorporated in any Subcontracted or Owner
Operator/Lessor installed bid item that is supplied by the Contractor shall not be included as any
part of the portion of the work that the Contractor is required to perform with its own organization.
The item number from the “CONTRACTOR’S PROPOSAL” (Bid Sheets) shall be entered in the “Bid
Item No.” column.
When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the number must
be entered on the form. If the Subcontractor does not have a valid business license enter “NONE” in
the appropriate space.
C a 01/05/99 Contract No. 3593 Page 21 of 84 Pages
Bidders shall make any additional copies of the disclosure forms as may be necessary to provide
the required information. The number of additional form pages shall be entered on the first form
page of each type so duplicated.
Bidder may, at its option, combine bid items on a single row in the chart on the disclosure forms. If
using this option the Bidder must indicate the bid item numbers to which the information in the row
pertains. This option may nnf be used where the subcontractor or Owner Operator/Lessors
constructing or installing less than 100 percent of a bid item. The percentages and dollar amounts
may be the sums of the bid items listed in that row.
P
When the Bidder proposes using a subcontractor or owner operator/Lessor to construct or install
less than 100 percent of a bid item the Bidder must attach an explanation sheet to the designation
of subcontractor or designation of Owner Operator/Lessor forms as applicable. The explanation
sheet must clearly apprise the Agency of the specific tasks, materials and/or equipment that are
proposed to be so supplied.
Determination of the subcontract and Owner Operator/Lessor amounts for purposes of award of the
contract shall detemined by the City Council in conformance with the provisions of the contract
documents and these Special Provisions. The decision of the City Council shall be final.
a 01/05/99 Contract No. 3593 Page 22 of 84 Pages
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- FARADAY AVENUE EXTENSION (ROUGH GRADING AND DRAINAGE)
PROJECT NO. 3593 - ADDENDUM NO. 6
Page 12 of 17
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CITY OF CARLSBAD
FARADAY AVENUE EXTENSION
(ROUGH GRADING AND DRAINAGE)
CONTRACT NO. 3593
CONTRACTOR’S PROPOSAL
City Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
The undersigned declares he/she has carefully examined the location of the work, read the Notice
Inviting Bids, examined the Plans, Specifications, Special Provisions and addenda thereto, and
hereby proposes to furnish all labor, materials, equipment, transportation, and services required to
do all the work to complete Contract No. 3593 in accordance with the Plans, Specifications, Special
Provisions and addenda thereto and that he/she will take in full payment therefor the following unit
prices for each item complete, to wit:
BID SCHEDULE
Approximate
Item Quantity
No. Description and Unit
1 Mobilization and preparatory LS
work at a’lump sum
amount not to exceed
Fifty Thousand Dollars
(Lump Sum)
2 Limit of work fence (F) lS 5527.0= 5527.0-
at E\cl-fiE~hI~‘~a,~AwJ F-R HUWQEO fo&?TU NlPk
Dollars (Lump Sum)
Unit
Price Total
$ S$=?O~ $ !3&~0,00
It544 (I.- 1%449-
(F) Designates Final Pay Quantity per subsection 9-l .I 015 of Special Provisions (typical).
/ :
FARADAY AVENUE EXTENSION (ROUGH GRADING AND DRAINAGE)
‘ PROJECT NO. 3593 -ADDENDUM NO. 6
Page 13 of 17
Unit
Approximate
Quantity
and Unit
LS
Item
No.
4
Price Description Total
~8724.~ $87 i9f.m Environmental fence (F)
at FWIT l-l-tQ-+w) mm
+-bJE30RkO -l-b/em FOUR
Dollars (Lump Sum)’
30,-o* ~pooAm 5 LS Clearing and grubbing
lump sum at
Tl+wl-v l-kw~~,c)
Dollars (Lump Sum)
6 162,300 CY
126,600 CY
Unclassified excavation
(raw cut) (F) at
f) do12alts %
80 Cen+5
Dollars per Cubic Yard
7 Unclassified excavation
(remedial remove and
recompact) at OliJFDotCARmJe
FrJk CEfwr~ “\,
Dollars per Cubic Yard
I.00 50,200. QO
26,22QCk3
8 Embankment surcharge
area 1 (F) at 50,200 CY
26,220 CY
Dollars per Cubic Yard
9 Embankment surcharge
area 2 (F) at
OtuE Do&AR
Dollars per Cubic Yard
I,odmo ,-a-o I- 10 LS Settlement monitoring
program at
ObJU -rl-iO~~
Dollars (Lump Sum)
11 LS Furnish and install erosion
and water pollution control at
I .- Dollars (Lump Sum)
I ’ ‘FARADAY AVENUE EXTENSION (ROUGH GRADING AND DRAINAGE)
PROJECT NO. 3593 -ADDENDUM NO. 6
Page 14 of 17
Item
No. Description
12
13
14
15
r”
16
17
18
19
P
Curb inlet Type “6” (D-2)
at$-Ll~fiW9vSN0
n-t$?gr ~uklO&O
Dollars Each
Catch basin Type “F” (D-7)
at Two -l%Qwwo
S&/Flu i+‘NX2FD
Dollars Each
S+Dti clpeeoutzype;j5 (D-l 0)
12 tl4 34 THRFE~uW-45~ l-W”rJT\f
Dollars Each
S.D. cleanout Type A-4 (D-9)
at
?UREF -T-HwmJo oN,F HUNORPO
Dollars Each
Straight headwall (D-32)
type “B” at ONP ~ou5AwJ s IX
wfw2w Fl f l-v
Dollars Each
Wing type headwall (D-34)
at
om woor4~ S/L
i4swx2~0 l=benl
Dollars Each I
‘IL” type headwall (D-36)
at ONE rt(W$ANO flu6
ktu~r?EO I\ui lw7-v
Dollars Each I
Rip-rap energy dissipator
(D-40) at Ew-n- HuPJolQEU
Approximate
Quantity
and Unit
IOEA
Unit
Price Total
$33OO.Q0 $3?,000.-
12EA
1 EA
2 EA 3lQO.60 ~200.00
16 EA I65~s= 26,4 o0.00
3 EA I64O.w ~~moQ
1 EA 159om 159&mQ
20 EA
I
/ r ’ a ‘FARADAY AVENUE EXTENSION (ROUGH GRADING AND DRAINAGE)
PROJECT NO. 3593 -ADDENDUM NO. 6 Page 15 of 17
Item
No. Description
20
21
22
’ 23
r
24
25
26
27
28
Con;$z lug (D-63) at C(UNDRED
Dollars Each
Concrete brow ditch Type
“B” or “D” (075) at
m-4 \ RT EEb m uw
p4 rhJm SsEhJ CEwIz$
Dollars $er Linear Foot
18-inch RCP (1350-D) at
Qtb otutz-
Dollars per Linear Foot
18-inch RCP (1350-D) with
water tight joints at
F\f=TV
Dollars per Linear Foot
24-inch RCP( 1350-D)
at e\my TDluE
Dollars per Linear Foot
30-inch RCP (1350-D) at
\cT-its N\lw
Dollars per Linear Foot
30-inch RCP 2000-D) at SUTV +i” 0
Dollars per Linear Foot
36-inch RCP (2000-D) with
water ti ht joints at ’
ONI? UPOQEO f-l -tlzfd
Dollars per Linear Foot
36” CMP Riser (DS-3) at
~~E-tlhoW!W
nfvcl I+ kdmm
Dollars EaFh
Approximate
Quantity
and Unit
1 EA
Unit
Price Total
$5OO.ca $500-0~
3,720 LF 1397 S\ ,X0/4 ‘3
1,459 LF 4r.oo 59p13.00
267 LF 5omo 13,35a-
105 LF 51.00 5355.
155 LF 5Q.Qo 9 w5.00
118 LF 62.W 73 lb.oo
257 LF I \ 0. QQ ~8,27’aim
1 EA 12m I200~00
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‘. ‘FARADAY AVENUE EXTENSION (ROUGH GRADING AND DRAINAGE)
PROJECT NO. 3593 -ADDENDUM NO. 6
Page 16 of 17
Item
No. Description
29
30
31 Headwall for pedestrian
undercrossing at
iwan-- l-bwRE~
Dollars Each
F 32 Access control chainlink
Dollars Each
33 Stabilized construction
entrance at qgitz< -tl+osL)rur)
Dollars Each
34 Furnish and install project
signs at 0pEF -n+~~AruO
Fiw- l-hum P
Dollars Each
35 Hydroseed area 1 (F) at
5;euBw FWT 7t4- - 2
36
k\lJFM WC Qw LA Dollars TLumpoS!m) ~~$%Wrcg~~
Hydroseed area 2 (F) at LS $-IrtEEN ~‘+f’JQ fwEi UuWrZ~
f~@.Si Ah@ TyltEkW~ F&E<Ervd Dollars (Lump Sum) ’
Pedestrian undercrossing
(provided by City) station
16+50 installed at
IamEN -tMouYliNQ
Dollars (Lump Sum)
Pedestrian undercrossing
(provided by City) station
36+00 installed at -f-have 7-I-IOU~I)
Dollars (Lump Sum)
Approximate
Quantity Unit
and Unit Price Total
LS $A@%- $ I Jpo. 00
LS
4 EA
8 EA
1 EA
1 EA
LS
12,000.~ I2,ooo PO I
407.6’) 32gb4
[ 5co,co 1500,&
7y-648 7m4Qp
15,~3ols 15539z5
,
t I ” FARADAY AVENUE EXTENSION (ROUGH GRADING AND DRAINAGE)
I PROJECT NO. 3593 -ADDENDUM NO. 6
Item
No.
37
38
39
40
41
42
43
Page 17 of 17
Approximate
Quantity Descriotion and Unit
Hydroseed area 3 (F) at LS
JuNfST&@‘3 l-u= Yo*Q*!J
51JLTIEDv AM Gvcia&s
Dollars (Lump Sum)
Slope maintenance
at +Qtv -i-l-W’~~
Dollars per Month
Canyon subdrains at SkUgNpEN
Dollars per Linear Foot
Slides and slip outs at
TWENTY THOUSAND
DOLLARS
Modified box culvert (D-76)
8’ high X 12’ wide, beveled
to 2:l at
smer Tl-fo~saW
Dollars Each
Modified’box culvert (D-76)
8’ high X 12’ wide, beveled
to 3:l at
Dollars Each
20-inch steel casing, 1/4-
inch wall thickness at
Sla-v Sl>(
Dollars per Linear Foot
6M0
1,660 LF i 7.0 0 2B,22QOo
N/A N/A $20,000
3 EA 7,000, ~pROs
1 EA 1,ooa..rw
20 LF 66 .Qo 132O~QO
Unit
Price Total
$9316pfJ $ 93QJ5
Total amount of bid in words: CM-- d\ lb 0, Akee \nUr\nwd e iqh \v
Total amount of bid in numbers: !$ &gu, 057.3 a
P Price(s) given above are firm for 90 days after date of bid opening.
Addendum (a) No(s). LL 3, 9 ~ c 6 has/have been received and is/are included in this
proposal.
a % 1 I
1 1
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1
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P I ! r‘ I
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR’S BID ITEMS
The Bidder MUST complete each information field on this form for each subcontractor that it proposes to use. Additional copies of this form may be attached if required to accommodate the Contractor’s decision to use more than one subcontractor. This form must be submitted as a part of the Bidder’s sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive.
The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code “Subletting and Subcontracting Fair Practices Act,” The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. .
Full Company Name of Subcontractor: El ca;p&c&nc( -I- El?Q\ne4&<, \ J V
Complete Address: P. 0. K 467
CA-J s - \ I
Street 9204Q -CR0 (
City - State Zip
Telephone Number plus Area Code: GW 361-984b
California State Contractors License No. & Classification: 4274w5-l
Carlsbad Business License No.:
OWNER OPERATORILESSOR BID ITEMS
Amount ofhem Amount of Item.. b Overhead : &- Profit
Column 1 - Bid Item No. from the bid proposal, pages Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor’s own forces. Column 4 - The dollar amount of the overhead and profit for the item.
Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the
item on bid proposal pages .
of 7 pages of this form
a 01/05/99 Contract No. 3593 Page 23 of 84 Pages
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DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR’S BID ITEMS
The Bidder MUST complete each information field on this form for each subcontractor that it proposes to use, Additional copies of this form may be attached if required to accommodate the Contractor’s decision to use more than one subcontractor. This form must be submitted as a part of the Biddefs sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive.
The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing
this bid for the Work and that the listed subcontractors will be used to perform the portions of the
Work as designated in the list in accordance with applicable provisions of the specifications and
section 4100 et seq. of the Public Contracts Code “Subletting and Subcontracting Fair Practices Act.” The Bidder further certifies that no additional subcontractor will be allowed to perform any
portion of the Work and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency.
Full Company Name of Subcontractor: F \ CC,*\ oq 6d ii y -eb GW.1 h&nq w J ” w
Complete Address: 9.0, Box- 46-I
LkQGcL. m c;1.t Street Q40-090(
City State ’ Zip
Telephone Number plus Area Code: 6\9-561-9840
California State Contractors License No. & Classification: 4 2*857
Carlsbad Business License No.:
OWNER OPERATOR/LESSOR BID ITEMS
Column 1 - Bid Item No. from the bid proposal, pages Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor’s own forces. Column 4 - The dollar amount of the overhead and profit for the item.
Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the
item on bid proposal pages
pages of this form of 7
a 01105/99 Contract No. 3593 Page 23 of 04 Pages
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR’S BID ITEMS
The Bidder MUST complete each information field on this form for each subcontractor that it proposes to use. Additional copies of this form may be attached if required to accommodate the
Contractor’s decision to use more than one subcontractor. This form must be submitted as a part of
the Bidder’s sealed bid. Failure to provide complete and correct information may result in rejection of
the bid as non-responsive.
The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing
this bid for the Work and that the listed subcontractors will be used to perform the portions of the
Work as designated in the list in accordance with applicable provisions of the specifications and
section 4100 et seq. of the Public Contracts Code “Subletting and Subcontracting Fair Practices Act.” The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency.
Full Company Name of Subcontractor: El c<,on GrYd;nQ t &,pQ&11q v J 4
Complete Address: 967
Ldc3ZSd-P Street q2Q4Q-wo~
City Zip
Telephone Number plus Area Code: 619-q+Q~-
California State Contractors License No. & Classification: A 274 E7
Carlsbad Business License No.:
OWNER OPERATOR/LESSOR BID ITEMS
Column 1 - B’id Item No. from the bid proposal, pages Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor’s own forces. Column 4 - The dollar amount of the overhead and profit for the item.
Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the
item on bid proposal pages 16, 17 .
Page 3 of 7 pages of this form
a 01/05/99 Contract No. 3593 Page 23 of 84 Pages
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9
1
DESIGNATION 0~ SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR’S BID ITEMS
The Bidder MUST complete each information field on this form for each subcontractor that it proposes to use. Additional copies of this form may be attached if required to accommodate the Contractofs decision to use more than one subcontractor. This form must be submitted as a part of the Bidder’s sealed bid. Failure to provide complete and correct information may result in rejection of
the bid as non-responsive.
The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing
this bid for the Work and that the listed subcontractors will be used to perform the portions of the
Work as designated in the list in accordance with applicable provisions of the specifications and
section 4100 et seq. of the Public Contracts Code “Subletting and Subcontracting Fair Practices Act.” The Bidder further certifies that no additional subcontractor will be allowed to perform any
portion of the Work and that no changes in the subcontractors listed work will be made except upon
the prior approval of the Agency.
Full Company Name of Subcontractor:
Complete Add,ress: 12562 L-l\chg 67
I-J& \d\a c, . Stre&t
Q204Q
City State Zip
Telephone Number plus Area Code: cm- 561-5510
California State Contractors License No. & Classification: 3B3840
Carlsbad Business License No.:
OWNER OPERATOR/LESSOR BID ITEMS
Column 1 - Bid Item No. from the bid proposal, pages Column 2 - The dollar amount of the item to be performed by ;he subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor’s own forces. Column 4 - The dollar amount of the overhead and profit for the item.
Total dollar amount of Columns 2. 3. and 4 must be eaual to the dollar amount in the bid price of the
item on bid proposal pages /f ’ ‘.
Paged of 7 pages of this form I
01/05/99 Contract No. 3593 Page 23 of 04 Pages
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR’S BID ITEMS
The Bidder MUST complete each information field on this form for each subcontractor that it proposes to use. Additional copies of this form may be attached if required to accommodate the Contractofs decision to use more than one subcontractor. This form must be submitted as a part of the Bidder’s sealed bid. Failure to provide complete and correct information may result in rejection of
the bid as non-responsive.
The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing
this bid for the Work and that the listed subcontractors will be used to perform the portions of the
Work as designated in the list in accordance with applicable provisions of the specifications and
section 4100 et seq. of the Public Contracts Code “Subletting and Subcontracting Fair Practices Act.” The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency.
Full Company Name of Subcontractor: &rLM FmKE comp4b4j
(P 0, \3w 13244) Complete Address: . i2r I 5 32hm 5.x
pl Drab ,I& Streti q21-70
City State Zip
Telephone Number plus Area Code: 619 - 232-l IS\
California State Contractors License No. & Classification: 176374
Carlsbad Business License No.: &Jue
OWNER OPERATOR/LESSOR BID ITEMS
Amount ocltem I Amdunt-of Item.. by I : Overhead.&.Profit
Subcontracted: Contractor -1 Amount
$ 0 $ 0 3 $ pA4Qtoo $ 0 $ 0
,A $ u 5’7Aean $ 0 s 0 I I C
73 s --5;zbl’:zj I i is $ 0 1 $ $ $
$ $ $ s $ $ 1 It I Ii I% I Ii 1 II I -T I - , T rl
Column 1 - Bid Item No. from the bid proposal, pages Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor’s own forces. Column 4 - The dollar amount of the overhead and profit for the item.
Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the
item on bid proposal pages 11.13/6
PageL - of 7 pages of this form
a 01/05/99 Contract No. 3593 Page 23 of 84 Pages i
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1
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DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR’S BID ITEMS
The Bidder MUST complete each information field on this form for each subcontractor that it
proposes to use. Additional copies of this form may be attached if required to accommodate the
Contractots decision to use more than one subcontractor. This form must be submitted as a part of the Bidder’s sealed bid. Failure to provide complete and correct information may result in rejection of
the bid as non-responsive.
The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code “Subletting and Subcontracting Fair Practices Act.” The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. -
Full Company Name of Subcontractor: &~CUL\NE- blz\l& ) I nc ‘ I ’
Complete Address: 1~9 &u-w Av~.Sc,r;e 16
,
0 ‘O&i0 Cl+
Street 92w? i (
City State Zip (
Telephone Number plus Area Code: &IQ -403-&e
California State Contractors License No. & Classification: SUf&!! L(iQYlA( 4 5717 \
Carlsbad Business License No.:
OWNER OPERATOR/LESSOR BID ITEMS
Column 1 - Bid Item No. from the bid proposal, pages Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor’s own forces. Column 4 - The dollar amount of the overhead and profit for the item.
Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the
item on bid proposal pages 13 .
Page of 7 pages of this form
a 01/05/99 Contract No. 3593 Page 23 of 84 Pages j i
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a
I
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a
1
a
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DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR’S BID ITEMS
The Bidder MUST complete each information field on this form for each subcontractor that it
proposes to use. Additional copies of this form may be attached if required to accommodate the
Contractor’s decision to use more than one subcontractor. This form must be submitted as a part of
the Bidder’s sealed bid. Failure to provide complete and correct information may result in rejection of
the bid as non-responsive.
The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code “Subletting and Subcontracting Fair Practices Act.” The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency.
Full Company Name of Subcontractor: @>o,qu~y +mXW;rb+ ~-WAV~hg
Complete Address: zwq cq,mz AUEPUG
C’q. Street -
QmQnCC +65-
City State Zip
Telephone Number plus Area Code: 7&w 723933~4Q
California State Contractors License No. & Classification: C-L’1 47JCW
Carlsbad Business License No.: b O&t’
OWNER OPERATOR/LESSOR BID ITEMS
Column 1 - Bid Item No. from the bid proposal, pages Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor’s own forces. Column 4 - The dollar amount of the overhead and profit for the item.
Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the
item on bid proposal pages I6 .
Page * pages of this form of 7
Contract No. 3593 Page 23 of 84 Pages
DESIGNATION OF OWNER OPERATOR/LESSOR AND
-. AMOUNT OF OWNER OPERATOR/LESSOR WORK -
The Bidder MUST complete each information field on this form for each owner operator/or Lessor
(O+O) that it proposes to use to perform any portion of the Work. Additional copies of this form may
be attached if required to accommodate the Contractor’s decision to use more than one
subcontractor. This form must be submitted as a part of the Bidder’s sealed bid. Failure to provide
complete and correct information may result in rejection of the bid as non-responsive. Except for the
individuals listed below the Bidder certifies that no Owner Operator/Lessor will be allowed to perform
any portion of the Work. The Bidder further certifies that no changes in the Owner Operator/Lessor
listed work will be made except upon the prior approval of the Engineer. Provide a separate sheet
for each Owner Operator/Lessor. See section 1-2 of the Special Provisions for definition of Owner
Operator/Lessor.
Full Owner Operator/Lessor Name:
Complete Address:
Street
7
F
City State Zip
Telephone Number plus Area Code: ( )
City of Carlsbad Business License No.:
OWNER OPERATORILESSOR WORK ITEMS
-
Amount .of Item Amount ofltem by Overhead &Profit
Column 1 - Bid Item No. from the bid proposal, pages .
Column 2 - The dollar amount of the item to be performed by the subcontractor.
Column 3 - The dollar amount of the item to be performed by Contractor’s own forces.
Column 4 - The dollar amount of the overhead and proffi for the item.
Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the
item on bid proposal pages .
Page- - of pages of this form
a 0 l/05/99 Contract No. 3593 Page 24 of 84 Pages
BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY
(To Accompany Proposal)
Copies of the latest Annual Report, audited financial statements or Balance Sheets may be
submitted under separate cover marked CONFIDENTlAL.
h
# 01/05/99 Contract No. 3593 Page 25 of 84 Pages
BIDDER’S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
The Bidder is required to state what work of a similar character to that included in the proposed
Contract he/she has successfully performed and give references, with telephone numbers, which
will enable the City to judge his/her responsibility, experience and skill. An attachment can be used.
Date
Contract
&m&ted -- r ~~~~
1447
/w8
PQUd
14) 2 2 ‘3 -l&d 3 I I/r/UWf/IIA L /?J. 2.qL.W.0,m /
Name and Phone Amount
Name and Address No. of Person Type of of
of the EmDlover to Contract work Contract
. . -“war,- ‘jr&?+ 7; ~Si7)ew - BD9i) 01/l 8ya &U-h+ PCrh h#ta f&... /4&L 3,30~,00’ ,. d .*..a. A _ f.z WIPUK G R-a *‘A 5 #=*A
149s (624) -P?/- 632~ u /-I/uer;r
e 01105l99 Contract No. 3593 Page 26 of 84 Pages
C BIDDER’S CERTIFICATE OF INSURANCE FOR
.- GENERAL LIABILITY, EMPLOYERS’ LIABILITY, AUTOMOTIVE - LIABILITY AND WORKERS’ COMPENSATION
(To Accompany Proposal)
As a required part of the Bidder’s proposal the Bidder must attach either of the following to this
paw.
1. Certificates of insurance showing conformance with the requirements herein for:
Comprehensive General Liabilii
Employer’s Liability
Automobile Liability
Workers Compensation
2. Statement with an insurance carrier’s notarized signature stating that the carrier can, an! upon
payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for
Comprehensive General Liability, Employer’s Liability, Automobile Liability and Workers
Compensation in conformance with the requirements herein and Certificates of insurance to the
Agency showing conformance with the requirements herein.
-
All certificates of insurance and statements of willingness to issue insurance for auto policies offered
to meet the specification of this contract must: (1) meet the conditions stated in The Notice Inviting
Bids, the Standard Specifications for Public Works Construction and the Special Provisions for this
project for each insurance company that the Contractor proposes, and (2) cover mv vehi& used in
the perfomance of the contract, used onsite or offsite, whether owned, non-owned or hired, and
whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for
“any auto” and cannot be limited in any manner.
P
C
Contract No. 3593 Page 27 of 94 Pages
#. A CORD : :: ::;:j:j: ):, .,.,., ,,:::::: : .:: ~~~~~~~~~~~~~~~~i~~~~~~~~~~~~~~~~~~~ DATE (MMIDDIYY) :j
.: ,..., ,: _ .: : .,.,.,. ., ,. . . . . . . . . . . . . .,.,.,.,.,.,.,.,.,.,,..~ ::.: ..~~(,)~,~,~,~,~,~,~, ()5,1g,1ggg ,,,,,,, ,,, ,,, ,., ,.. I, TM .““““““““““““““” ‘. .... .. .. .. “““““““““““” “‘.‘.. ...... .. ‘.““i::“.i”“““i”:~.I.‘. :...::..:...:,:.:.:,: :.:.: ::: :::: ::: :;: ::::.:..,, . . . . . . . . . . . . . . . . . . . . ::::::.::,::,::,:::::::::::::‘:j::::::.:::::.::::: :: :: ::~::‘:~::‘::.::::::::::::::: : :, i.::.::.::::::::::::::::::::::::.:...: :. .: ‘.>:..::.:..::..:Y: : ,....,..................,....,.. ,. .:;.. .,...,.....,...............,.....,.....,. ::.. . . . . . . . . . . . . . . . . . . . . . . . . . . [;
PRODUCER (619)584-6400 FAX (619)584-6425 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
estland Insurance Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
8 Camino De1 Rio North #315 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
. Box 85481
San Diego, CA 92186-5481
Attn: Ext:
L
COMPANIES AFFORDING COVERAGE
COMPANY CLARENDON AMERICA INS COMPANY *-off i A
INSURED W R Connelly Inc
9210 Olive Drive
Spring Valley, CA 91977
i COMPANY SAFECO INSURANCE COMPANv.tiF AMERICA 8~
B :. .....
; COMPANY THE. EXPLORER IhStiRAN& tiOi+li’ilNY 3e ... : c
; COMPANY D
.................. ...... ...................................... ....................................... ............................................. ................................................ ................................
~~~:~~~~~~~~~~~~~~~~~~~~:~~~~~~~~:~~~~~~~~~~~~~~
........................................................... ................................................................................................................................. .... . .:::.. .................................... ............................ ..... ..... . .... . . ..>. ............................................................. ... ...... ................................................................................... ........................................................................................
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CWMS.
LIMITS I
-
co ! .TR I TYPE OF INSURANCE POLICY NUMBER
: GENERAL LIABILITY :.
;~,,~x.,: COMMERCIAL GENERAL LlABlLrrY ii............ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A : CLAIMS MADE ::~:~:~:~:~:~:~~. j x ! OCCUR TNC0698990013 I : OWNER’S 8 CONTRACTOR’S PROT
i,,,X,,, Per Project Agg ’ . . . X Waiver of Subro : I
POLICY EFFECTIVE
DATE (MMIDDNY)
02/01/1999
“OLICY EXPlRATlOh
DATE (MMIDDIYY)
GENERAL AGGREGATE
PRODUCTS - COMPIOP AGO
PERSONAL & ADV INJURY
EACHOCCURRENCE
FIRE DAMAGE (Anv one fire)
t $’ ..~?000,~.00 i 000 ooa . . . . . . . . . . . . . ...! . . . . . . . ...! I .. .1,o.q~,.~o~ f 50 000 .!. $ 5,000 MED EXP fAnv one oersonl
I AUTOMOBILE LIABILITY
x ANY AUTO
,., ,,, ,_, ALL OWNED AUTOS
J3;- ; ",;",',";;~;"" bA8146151H . . . . . . .
: j NON-OWNED AUTOS :.. .j
: i
COMBINED SINGLE LIMIT
BODILY INJURY (Per person) 5
03/01/1999 03/01/2000
BODILY INJURY (Per accident) $
PROPERTY DAMAGE S i
:.: :.,GA-~AGE LIABILITY
: ! ANY AUTO :..
AUTO ONLY - EA ACCIDENT
OTHER THAN AUTO ONLY:
EACH ACCIDEM i......: : : : AGGREGATE t
! EXCESS LIABILITY :“‘.“’ j j UMBRELLAFORM
i
I OTHER THAN UMBRELLA FORM
EACHOCCURRENCE
AGGREGATE
I .:.:.:.:.:::-::::::::i:~:si:i:::~~:~:::::::’:::::::::~::::::::~:~:~:~: ‘:i:i:i:i:::i::::::::.:.:.:.:.:~.:.:.:.:~~~~::::~:~:::~:~:~:~::~:~ ::::::::::::::::::::::::::::::::::::::::::::::::::::.:.~:.:.:.:.~:.:.,
$ 1 000 000 . . . . . . . . . . . . . ...! . . . . . . . ...!
i -
j:j
.:;:
WC STAT OTlf- ; TO.R~&l&’ :. ; ER’
EL EACH ACCIDENT
i WORKERS COMPENSATION AND
EMPLOYERS LIABILITY c ., THE PROPRIETOR/ idSD1641129-01 ; x ; INCL .05/15/1999
PARTNERS/EXECUTIVE :
: OFFICERS ARE: i ; EXCL,
OTHER
05/15/2000
- -
$ .~,ooq,oqo
$ 1,000,000
EL DISEASE _ POLICY LIMIT
EL DISEASE - EA EMPLOYEE i I
(CANCELSAND ISSIJET:
IESCRIPTION OF OPERATIONS/LOCATIONSNEHlCLES/SPEClAL ITEMS. e: Contract #3593/Faraday Avenue Grading & Drainage Improvements. Certificate Holder is Named as
ddi tional Insured on CL & Auto, and CL is Primary by Written Contract, by Form CGZOlO(ll-85) attached.
10 Days Notice of Cancel1 ation for Non-Payment of Premium*
~~~~~i~~~~~~~~~~~~~~~~~~~~~~~~
):.:.):.:.:.:.:.:.:.:.:.:.:.:.:.:.:.~:.~~~~:.:.:.:.:.....:.:.:.: ......................................... ................. .:. ...... :.....:.:.:.:.:.:.: .: ........................................................................................... . .... .... ............................................... ........................................... .......................................... ............................... ... ........................................................................... ... ...... . . ............
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL mx MAIL
-DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 30"
The City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008-1989
POLICY NUMBER: TNCO698990013 COMMERCIAL GENERAL LIABIL~
Named Insured: W.R Connelly, Inc.
Effective: 02-01-99 to 02-01-00
Company: Clarendon America Insurance Company
THIS ENDORSEMENT CHANGES TIXE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
The City of Carlsbad, its officials, employees and volunteers are Named as
Additional Ihsured hereunder as respects LiabiIity arising out of activities
performed by or on behalf of the Named Insured.
Job: #3593/Faraday Avenue Grading & Drainage Improvements
(If no entry appears above, information required to complete this endorsement will be show in the
Declarations as applicable to this endorsement.)
WHO IS AN INSURED (section JI) is amended to include as an insured the person or organisation shown
in the schedule, but only with respect to liability arising out of “your work” for that insured by or for you.
This insurance shall apply as Primary insurance as respects any Person, Organization,
Partnership or Joint Venture named above, and any other insurance available to such
Person, Organkation, Partnership or Joint Venture shall be Excess and not Contributory
with the insurance afforded by this policy.
CL 246 11 S5
CG20 10 11 85 Copyright, Insuixnce Services Offices. Inc., 1984
. *
:FROM : W R CONNELLY IIK FFlX NO. : 6134654688 Mar. 14 1999 03:llPM P2
CITY OF G4RLSBA.D SURPLUS LINE BROKER AFFtDAVIT
Broker Name: Westland Insurance Brokers (Jicense #.0727828)
Address: .3838 Camjnn lM1 Rin North, it?15
city/State/Zip: San Diego, CA, 92108
Date:
Project Name: Contract # 3593/Faraday Avenue Grading & Drainage Imp
Type of Insurance: General Liability . (License #0689653) (eertifythat Todd Tropio is the Broker of Record for W R Ce Inc (“Contractor”) who is required to protide i&uance under the specifications
of the above contracr. I further certify that as #oker of Record for Contractor, i have contacted
the insurance companies listed below, all of whom meet the Ci@s requirements ineluded in
Resolution No. ?/-4~ 3 and all of whom havt &used to write the required palicy due to the
type of risk inwlved .
Insurance Carrier:
Name of Contact:
Address:
Date:
Reason for Refusal:
Best’s Rating
I~rancc CaITier:
Name of Contact:
Address:
Date:
Reason for Rehal:
Best’s Rating
SAFtiCO Insurance Company
Dave Drissel
17570 Fountain Valley, CA 92708
-. ~-
Underwriting.Reasons 1
A+XIV ListedbySrateInsuranq 'Yes
Coxmnissiontr (Yes/No)
CNA Insurance Cownv.
Gail Nishiiima
18OO E Tw Highyav Brea,lsAg892621 - -
' Underwritinc Reasons
- AXV Listed by State Insurance Commissioner rYes/Nol Yes
, -
L -FROM : w R CONNELLY INC FRX NO. : 6194654688 Mar. 14 1999 03:12PM P3
F .
Insurance Carrier: CIGNA
Name of Contact: Lob cinlrefti
Address:
Date:
3131 Camino De1 Rio North, #550
San' Diegy; C; 92108 9
Reason for Refusti Underwu RP~
Best’s Rating -1 K&ted by State lrmuance Yes
ca~sioner (Yl?s/No) *
Comactor is rcquesring thst the city accept Clarendon Amer&~~*P~&
line carrier having an A-:V or better rating in the most recent issue of B8St’S RHhg &JiCf8 and who has an office within the State of California at: the following address in order to effect service of praccu.
Name of Surplus Line Carrier: Clarendon America Insurance Coppany
Address: 133 Franklin C-r Rn;ld
.-
City~Statekzip: Lawrencevil1.e. NJ 08648.
Addrest.tq effect Sexvice of Process within the State of CaEftmia.
Name: Brown & Riw
Address:
City/State/Zip:
777 South Fim ~~~550
Los Angeles, CA 90017
rhat the faregoing facw are true and correct
.
-
May 10, 1999
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008-l 989
PO. Box 85481
San Diego, CA 92186
(6 19) 584-6400
FAX (619) 584-6425
Lit. # 0727828
REZ: Clarendon America Insurance Company
W.R. Connelly, Inc.
TNCO698990013
To Whom It May Concern:
Certificate Holders for certain jobs performed by the above captioned insured require the
cancellation wording for their certificate of insurance be amended to exclude the
“endeavor to.. . .but failure to.. . .” wording contained in the cancellation clause.
It is agreed and understood that, in the event of cancellation or non-renewal, Westland
Insurance Brokers will advise Certificate Holders of said change and it will not be the
responsibility of the Clarendon America Insurance Company.
Sincerely,
SAN D/EGO
3838 Camino de/ Rio North, Suite 315
San Diego, CA 92108
(6 19) 584-6400
Date
ORANGE COUNTY
2192 Martin Street, Suite 130
Irvine, CA 92612
(714) 553-9700
wODUCEN *
Westland Insurance Brokers
P. 0. Box 85481 -an Diego, CA 92186-5481 ,619)584-6400 Fax(619)584-6425
THIS CERTIFICATE IS ISSUED AS A MAllER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLltilES BELOW. .
COMPANIES AFFORDING COVERAGE
NSURED
W R Connelly, Inc
9210 Olive Drive
Spring Valley, CA 91977
~~~~~~~~~
.:.:.:.:.:.:.:.:.:.:.: .,.(..,.,.,.,.....,..... > . ..i.........i_......................................................... :...:.:.:.> ,...(.,...(...,.............................................,. :.:.:.:.:.:.: . . . . . . . . . . . .._.............................
fEy A Clarendon America Ins Company
gr B SAFECO Insurance Company
F;" C Explorer Insurance Company
fzp D Valley Forge Ins Company
COMPANY LEITERE
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTlFlCAiE MAY BE ISSUED OR MP
EXCLUSIONS AND CONDITIONS OF S .,.
0; IRRi TVFK OF INSURANCE
i.
R i QWmul. uABNnv ;. :
;...&.,;,C(‘Jf-‘f=L GENERAL LPMJR
; ,_,,_,,,,; ,_,,__,_; CLAIMS MADE : k’.: OCCUR. : ,,......:
i i OWNERS 6 CONlRAOTORS PROT. i. f
;...x..i PeS: Proj %m
~A,yloyoglLE uABNnv ; .,
& .T.. .; ANY AUTO
j Au OWNED AIJT~S ._....i : ; j SCHEDULED AUTOS
:
. . . .
: HIRED AUTOS ;.. .; : : NON-OWNED AUTOS i .;
: ~GAAAGEL!ABLlTY i ..,.,....! : : i :.
?!CF uABNnY
i ~UMBFlELUiFORM :. .!
i : OTHER THAN UMBRELLA FORM j . . . . . . ...!
WORKER’8 COUFENNATlON “: -[ AND
mFLovKRw uAwuTv
..;...
;oTHm
D:Leased/Rented iEquipment
,. ..i ., ,.. ,. __.
LY I
UC . .
:.
._!._
_.!_.
..I..
PERTAIN, TkiE INSURANCE AFFORDED BY THE POUCIES
H POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCEC
FOUCV NUMEER ~FOUCVEFFNClWE ; DATE (MMIDDIYY)
:02/01/99
BA8146151F
;03/01/98
.:.
WSD1641129 ;05/15/98 05/15/
Cl 734x555 ;09/25/98
SCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
M PAID CLAIMS.
DlJCVDtFlRATlON i DATE (MMIDDIYY-) i l.wm
j GENERAL AGGREGATE is 2 000 00 ; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..~ ,,,........! T
: PRODUCTSCOMPIOP AGG. : ,s 1 000 00 .,..,...... .I. r r
; EACH OCCURRENCE ;s 1,000,00
i FIRE DAMAGE (Any cne fire) ;s 50 00 ; i r . . . .
: MED. -SE (Any one perm)i$ ~,,f,,Ocj
; COMBINED SINGLE ; LlMrr ;s 1,000,00
0 3 / 0 l/ 9 !&ODILY INJURY ; (Per pwon) :s
:
: BODILY INJVRY i (Per accident) js
; PROPEKlY DAMAGE :s
.i
: EACH OCCXJRRENCE 5
i AGGREGATE is
j OISEASE - POLICY LlMm :s 1,000,00
: DISEASE - EACH EMPLOYEE is 1 000 00 . . . . . ...! . . . . .._..._.._.._...............................~ ,.,.,,.,... r r . . . .
1~/15/gg~$325,000. ;Any One Item
E5CRlFTlON OF OPENATMWl.OCAllONWVEHKNEWSEC IAL rtNu5 Re: Contract #3593/Faraday Avenue Extension Certificate Holder is Named as Additional (rou h grading & drainage) Insure 8 ,and GL is Primary by
*y of Carlsbad
_ JO Carlsbad Village Drive Zarlsbad, CA 92008
jj\jjii: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE $:i:::: $3 EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL-
Ixi?’ MAIL 30 DAYS WRIll-EN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE i .A...
_\\ i. . ..\ I. . . . . . . $$$ A,,- REPRESENTATIVE
-
/-
POLICY NUMBER: TNCO6989900 13 COMMERCIAL GENERAL LIABILITY
Named Insured: W.R. Connelly, Inc.
Effective: 02-01-99 to 02-01-00
Company: Clarendon America Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
City of Carlsbad
1200 Carlsbad Village Dr
Carlsbad, CA 92008
Contract #3593
Faraday Avenue Extension
(rough grading & drainage)
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
WHO IS AN INSURED (section II) is amended to include as an insured the person or organization shown
in the schedule, but only with respect to liability arising out of “your work” for that insured by or for you.
This insurance shall apply as Primary insurance as respects any Person, Organization,
Partnership or Joint Venture named above, and any other insurance available to such
Person, Organization, Partnership or Joint Venture shall be Excess and not Contributory
with the insurance afforded by this policy.
CL246 11 85
CG20 10 11 85 Copyright, Insurance Services Office, Inc., 1984
NAMED INSURED: W R Connelly, Inc POLICY NUMBER: TNC0698990013 POLICY TERM: 2-l-99 to 2-l-00 CARRX-ER: Clarendon America Ins Company
F
CUT THROUGH CLAUSE
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ XT
CAREFULLY
Whereas in consideration of the acceptance of this policy by the Named Insured
and other good and valuable consideration, the Clarendon National Insurance
Company as reinsurer of Clarendon America Insurance Company agrees as
follows:
1,
2,
In the event that the Clarendon America Insurance Company shall default
in the payment of any loss payable under the terms of the above
mentioned Policy, the said reinsurer agrees hereby that it will immediately
assume 100% of the liability for said loss in accordance with the terms of
said Policy, but in no event shall the assumption by said reinsurer increase
or decrease the amount recoverable under theterms of the policy.
It is also agreed that in the event that the said reinsurer shall be called
upon to meet the obligation of the said Insurer because of the latter’s
default, the reinsurer shall be vested with all subrogation, indemnity and
other rights given by the Policy to the Insurer.
3, This agreement is subject to no other conditions or qualifications, unless
listed below.
All other Terms and Conditions of this policjr remain unchanged.
t?O. Box 85481
San Diego, CA 92186
(619) 584-6400
FAX (619) 584-6425
Lit. # 0727828
February 16,1999
City of Carlsbad.
1200 Carlsbad Village Dr
Carlsbad, CA 92008
RJZ: Clarendon America Insurance Company
W.R. Connelly, Inc.
TNCO698990013
To Whom It May Concern:
Certificate Holders for certain jobs performed by the above captioned insured require the
cancellation wording for their certificate of insurance be amended to exclude the
“endeavor to . . . . but failure to... .” wording contained in the cancellation clause.
It is agreed and understood that, in the event of cancellation or non-renewal, Westland
Insurance Brokers will advise Certificate Holders of said change and it will not be the
responsibility of the Clarendon America Insurance Company.
Sincerely,
~ZJvf-fd %Ly-tiJ
Authorized representative
SAN D/EGO
3838 Camino de/ Rio North, Suite 315
San Diego, CA 92108
(6 19) 584-6400
Date
ORANGE COUNTY
2192 Martin Street, Suite 130
lrvine, CA 926 12
(714) 553-9700
BIDDER’S STATEMENT RE DEBARMENT
(To Accompany Proposal)
1. Have you or any of your subcontractors ever been debarred as an irresponsible bidder by
another jurisdiction in the State of California?
1c yes no
2. If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of
debarment(s)? Attach additional copies of this page to accommodate more than two debannents.
party debarred party debarred
agency agency
period of debarment
-
period of debarment
BY CONTRACTOR:
C
C
(name of ContracE+
BY: Sk/ e
(sign here)
d/ bh7f~ /&?Y
(print name/&)
a 01/05/99 Contract No. 3593 Page 28 of04 Pages
BIDDER’S DISCLOSURE ‘OF DISCIPLINE RECORD
(To Accompany Proposal)
Contractors are required by law to be licensed and regulated by the Contractors’ State License
Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a
patent act or omission is filed within four years of the date of the alleged violation. A complaint
regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the
date of the alleged violation. Any questions concerning a contractor may be referred to the
Registrar, Contractors’ State License board, P.O. Box 26000, Sacramento, California 95826.
1. Have you ever had your contractor’s license suspended or revoked by the California
Contractors’ State license Board two or more times within an eight year period?
yes
I/
no
F
2. Has the suspension or revocation of your contractors license ever been stayed?
/
yes
v
no
3. Have any subcontractors that you propose to perform any portion of the Work ever had their
contractor’s license suspended or revoked by the California Contractors’ State license Board two or
more times within an eight year period? h v
Yes no
C
4. Has the suspension or revocation of the license of any subcontractor’s that you propose to
perform any portion of the Wo ever been stayed?
2
yes no
- 5. If the answer to either of 1. or 3. above is yes fully identify,. in each and every case, the party
disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the
violation and the disciplinary action taken therefor.
(Attach additional sheets if necessary)
@% % 01/05/99 Contract No. 3593 Page 29 of 84 Pages
C
BIDDER’S DISCLOSURE’OF DISCIPLINE RECORD
(CONTINUED)
(To Accompany Proposal)
6. If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party
who’s discipline was stayed, the date of the violation that the disciplinary action pertains to, describe
the nature of the violation and the condition (ii any) upon which the disciplinary action was stayed.
(Attach additional sheets if necessary)
BY CONTRACTOR:
By:
(name of Contractor)/
alI/ Lez&4?
(sign here}
(print name/title) J
q kc 01105/99 Contract No. 3593 Page 30 of 84 Pages
3-r
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMIlTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
State of California 1 ) ss.
County of 1
k n- &/&uELcv ;:; .
(Name of Bidder) ’
, being first duly sworn, deposes
and says that he or she is p&5 Q/ #EWJ
VW
of Ll4 R. C&p+&%L!, L-,
(Name of Firm) ,
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation; that the bid is
genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited
any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain
from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to
fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure C any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not,
directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents
thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any
corporation, partnership, company association, organitation, bid depository, or to any member or
agent thereof to effectuate a collusive or sham bid.
I declare under penalty of perjury that the fore oing is true and correct and that this affidavit was
executed on the /A 7H day of a AAL 4-G ,19 99.
P
Subscribed and sworn to before me on the \?L day of flc&(%- , 19 49.
(NOTARY SEAL)
i_. .,z: R. LUCAS
Contract No. 3593 Page 31 of 84 Pages
CONTRACT
PUBLIC WORKS
This agreement is made this 25th day of Mav , 19 99 , by and
between the City of Carlsbad, California, a municipal corporation, (hereinafter called “City”),
and W. R. CONNELLY, INC. whose principal place of business is
9210 OLIVE, SPRING VALLEY, CA 91977
called “Contractor”).
(hereinafter
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contract documents
for:
FARADAY AVENUE EXTENSION
(ROUGH GRADING AND DRAINAGE)
CONTRACT NO. 3593
(hereinafter called “project”)
_-
-
-
C’ -_
2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools,
equipment, and personnel to perform the work specified by the Contract Documents.
3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting
Bids, Contractor’s Proposal, Bidder’s Bond, Designation of Subcontractors, Designation of Owner
Operator/Lessors, Bidder’s Statements of Financial Responsibility, Technical Ability and Experience,
Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and
Specifications, the Special Provisions, addendum(s) to said Plans and Specifications and Special
Provisions, and all proper amendments and changes made thereto in accordance with this Contract
or the Plans and Specifications, and all bonds for the project: all of which are incorporated herein by
this reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as
indicated, specified, and implied by the Contract Documents. Any items of work not indicated or
specified, but which are essential to the completion of the work, shall be provided at the Contractots
expense to fulfil1 the intent of said documents. In all instances through the life of the Contract, the
City will be the interpreter of the intent of the Contract Documents, and the City’s decision relative to
said intent will be final and binding. Failure of the Contractor to apprise subcontractors and
materials suppliers of this condition of the Contract will not relieve responsibility of compliance.
4. Payment. For all compensation for Contractor’s performance of work under this Contract, City
shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for
Public Works Construction (SSPWC) 1997 mandthe thereh hereinafter
designated “SSPWC”, as issued by the Southern California Chapter of the American Public Works
Association, and as amended by the Special Provisions section of this contract. The Engineer will
01/05/99 Contract No. 3593 Page 32 of 84 Pages
close the estimate of work completed for progress payments on the last working day of each month.
.- 5. Independent Investigation. Contractor has made an independent investigation of the - jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of
the work, and is aware of those conditions. The Contract price includes payment for all work that
may be done by Contractor, whether anticipated or not, in order to overcome underground
conditions. Any information that may have been furnished to Contractor by City about underground
conditions or other job conditions is for Contractor’s convenience only, and City does not warrant
that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including
underground conditions and has not relied on information furnished by City.
6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging
trenches or other excavations that extend deeper than four feet below the surface Contractor shall
promptly, and before the following conditions are disturbed, notify City, in writing, of any:
A. Hazardous Waste. Material that Contractor believes may be material that-is hazardous waste,
as defined in section 25117 of the Health and Safety Code, that is required to be removed to a
Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law.
C
C
B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those
indicated.
C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual
nature, different materially from those ordinarily encountered and generally recognized as inherent
in work of the character provided for in the contract.
- City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ,
or do involve hazardous waste, and cause a decrease or increase in contractots costs of, or the
time required for, performance of any part of the work shall issue a change order under the
procedures described in this contract.
In the event that a dispute arises between City and Contractor whether the conditions materially
differ, or involve hazardous waste, or cause a decrease or increase in the contractor’s cost of, or
time required for, performance of any part of the work, contractor shall not be excused from any
scheduled completion date provided for by the contract, but shall proceed with all work to be
performed under the contract. Contractor shall retain any and all rights provided either by contract
or by law which pertain to the resolution of disputes and protests between the contracting parties.
7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements
of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied
and will comply with these requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors, and consultants that are included in this
Contract.
8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of
Industrial Relations has determined the general prevailing rate of per diem wages in accordance
with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage
rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant - to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post - copies of all applicable prevailing wages on the job site.
01/05/99 Contract No. 3593 Page 33 of 84 Pages
9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and
indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage,
injury and liability of every kind, nature and description, directly or indirectly arising from or in
connection with the performance of the Contract or work: or from any failure or alleged failure of
Contractor to comply with any applicable law, rules or regulations including those relating to safety
and health; and from any and all claims, loss, damages, injury and liability, howsoever the same
may be caused, resulting directly or indirectly from the nature of the work covered by the Contract,
except for loss or damage caused by the sole or active negligence or willful misconduct of the City.
The expenses of defense include all costs and expenses including attorneys’ fees for litigation,
arbitration, or other dispute resolution method.
Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, and Contractor will pay all costs, including defense costs for the City.
Defense costs include the cost of separate counsel for City, if Cii requests separate counsel.
10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, his or her agents, representatives,
employees or subcontractors. Said insurance shall meet the City’s policy for insurance as stated in
Resolution No. 91-403. C
(A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits
indicted herein:
P - a. Comprehensive General Liability Insurance: $l,OOO,OOO combined single limit per
occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate - aggregate in the amounts specified shall be established for the risks for which the City or its agents,
officers or employees are additional insured.
-
b. Automobile Liability Insurance: $l,OOO,OOO combined single limit per accident for bodily
injury and property damage. In addition, the auto policy must cover any vehicle used in the
performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and
whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for
“any auto” and cannot be limited in any manner.
.- C. Workers’ Compensation and Employers’ Liability Insurance: Workers’ compensation limits
as required by the Labor Code of the State of California and Employers’ Liability limits of $1 ,OOO,OOO
per incident. Workers’ compensation offered by the State Compensation Insurance Fund is
acceptable to the City.
(B) Additional Provisions. Contractor shall ensure that the policies of insurance required under
this agreement contain, or are endorsed to contain, the following provisions. General Liability,
Employers’ Liability and Automobile Liability Coverages:
+’
a. The City, its officials, employees and volunteers are to be covered as additional insured as
respects: liability arising out of activities performed by or on behalf of the Contractor; products and
completed operations of the contractor; premises owned, leased, hired or borrowed by the
contractor. The coverage shall contain no special limitations on the scope of protection afforded to
the City, its officials, employees or volunteers. All additional insured endorsements must be
b q 01/05/99 Contract No. 3593 Page 34 of 84 Pages
evidenced using separate documents attached to the certificate of insurance; one for each company
affording general liability, employers’ liability and auto liability coverage.
b. The Contractofs insurance coverage shall be primary insurance as respects the City, its
officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its
officials, employees or volunteers shall be in excess of the contractot’s insurance and shall not
contribute with it.
C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided
to the City, its officials, employees or volunteers.
d. Coverage shall state that the contractor’s insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer’s
liability.
(C) “Claims Made” Policies. If the insurance is provided on a “claims made” basis, coverage
shall be maintained for a period of three years following the date of completion of the work.
-
(D) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed
to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in
coverage or limits except after thirty (30) days’ prior written notice has been given to the City by
certified mail, return receipt requested.
-
-
(E) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured
retention levels must be declared to and approved by the City. At the option of the City, either: the
insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the
City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of
losses and related investigation, claim administration and defense expenses.
(F) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain
a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of
its officials or employees.
P (G) Subcontractors. Contractor shall include all subcontractors as insured under its policies or
shall furnish separate certificates and endorsements for each subcontractor. Coverages for
subcontractors shall be subject to all of the requirements stated herein.
(H) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best’s
Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of
insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a
listing in the official publication of the Department of Insurance of the State of California and/or
under the standards specified by the City Council in Resolution No. 91-403.
-
(I) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and
original endorsements affecting coverage required by this clause. The certificates and
,.- -’
endorsements for each insurance policy are to be signed by a person authorited by that insurer to
bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the
City and are to be received and approved by the City before the Contract is executed by the City.
01/05/99 Contract No. 3593 Page 35 of 84 Pages
(J) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included
in the Contractor’s bid.
II. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in
accordance with the provisions in the Public Contract Code, Diiision 2, Part 3, Chapter 1, Article 1.5
(commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is
included in the Special Provisions I section. The contractor shall initially submit all claims over
$375,000 to the City using the informal dispute resolution process described in Public Contract
Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract,
all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California
Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit
for breach of this agreement.
(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City
must be asserted as part of the contract process as set forth in this agreement and not in
anticipation of litigation or in conjunction with litigation.
(6) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be
considered fraud and the Contractor may be subject to criminal prosecution.
(C) Government Code. Contractor acknowledges that California Government Code sections
12650 et seq., the False Claims Act, provides for civil penalties where a person knowingiy submits a
false claim to a public entity. These provisions include false claims made with deliberate ignorance
of the false information or in reckless disregard of the truth or falsity of the information.
(D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False
Claims Act, it is entitled to recover its litigation costs, including attorney’s fees.
(E) Debarment for False Claims. Contractor hereby acknowled,ges that the filing of a false claim
may subject the Contractor to an administrative debarment proceeding wherein the Contractor may
be prevented from further bidding on public contracts for a period of up to five years.
(F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025,
- 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
(G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by
another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor
from participating in future contract bidding.
I have read and understand all provisions of Section 11 above. -AK- (Inltirl)
12. Maintenance of Records. Contractor shall maintain and make available at no cost to the
City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article
-
-
2, of the Labor Code. If the Contractor does not maintain the records at Contractor’s principal place
of business as specified above, Contractor shall so inform the City by certified letter accompanying
the return of this Contract. Contractor shall notify the City by certified mail of any change of address
of such records.
/I -’
13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section
1720 of the Labor Code are incorporated herein by reference.
b q Ol/OS/QQ Contract No. 3593 Page 36 of 84 Pages
-
14. Security. Securities in the form of cash, cashier’s check, or certified check may be substituted
for any monies withheld by the City to secure performance of this contract for any obligation
established by this contract. Any other security that is mutually agreed to by the Contractor and the
City may be substituted for monies withheld to ensure performance under this Contract.
15. Provisions Required by Law Deemed Insetted. Each and every provision of law and
clause required by law to be inserted in this Contract shall be deemed to be inserted herein and
included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not
correctly inserted, then upon application of either party, the Contract shall forthwith be physically
amended to make such insertion or correction.
16. Additional Provisions. Any additional provisions of this agreement are set forth in the
“General Provisions” or “Special Provisions” attached hereto and made a part hereof.
C
C
-0 b 01/05/99 Contract No. 3593 Page 37 of 84 Pages
NOTARlAL ACKNOWLEDGMENT OF EXECUTION BY AU SIGNATORIES MUST BE
AlTACHED
(CORPORATE SEAL)
C
-
P
-
C
P
!-
f-8
CONTRACTOR:
By:
(sign here) v
the
By:
Ma
All-EST:
&$t&df~L4 P A ZhP&J
(print name and title) ant City Clerk
(print name and title)’ ’
President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certiied by the secretary or assistant
secretary under the corporate seal empowering that officer to bind ttie corporation.
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
JAN
As
b q 01/05/99 Contract No. 3593 Page 38 of 84 Pages
State of’ CALIFORNIA
County of SAN DIFGO
On MAY 12, 1!399beforeme, KIM R. LUCAS, NOTARY PUBL
(DATE) (NAME/TITLE OF OFFICER-i.e.‘JANE DOE. NOTARY PUBLIC’1
personally appeared W.R. CONNELLY, PRES. & FARICE L.
INAMEISI OF SIGNERISII
CONNELLY, SECRETARY
I?! personally known to me -OR- Cl lz roved to me on the asis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within instrument and acknowledged to me that he/she/tv;y executed the same hls/her/therr authorized capacity(ies!, and that by his/her/their signature(s) on the instrument the person(s), or the entitv uoon behalf
KIM R. LUCAS
COMM. t 11801 Q6
NOTARY PUBLIC-CALIFORNIA
SAN DIEGO COUNTY
of which I acted, -= t’he’ person(s) executed the lent. instrun
My Comm. Exp. April 18.2002 [Witness my hand and official seal.
(SEAL)
- (SIGNATURE CWNOTARY)
ATTENTION NOTARY
The information requested below and in the column to the right is OPTIONAL.
Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any
unauthorized document.
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT Number of Pqes Date of Document
DESCRIBED AT RIGHT:
Siinerls) Other Than Named Abow
WOLCOTTS FORM 63240 Rev. 3-S4 lprica clew S-2Al 0 1994 WOLCOTTS FORMS, INC.
ALL PURPOSE ACKNOWLEOGMENT WlTH SIGNER CAPACIlY/REPRESENTATION/TWO FINGERPRINTS
RIGHT THUMBPRINT (Optional)
CAPACITY CLAIMED BY SIGNERISI
q INDIVIDUAL(Sl
OCORPORATE
OFFICER(S) mnw
q PARTNERIS) q LlMlTED
OGENERAL
q AlTORNEY IN FACT
CITRUSTEE
q GUARDIANICONSERVATOR
q OTHER:
SIGNER IS REPRESENTING:
INams of Personlr) or Entity(h)
RIGHT THUMBPRINT IOptional)
CAPACITY CLAIMED BY SIGNERIS)
•INDIVIDUALIS~
OCORPORATE
OFFICER61
InnEsI
q PARTNER(S) q LIMITED
q GENERAL
OA-ITORNEY IN FACT
q TRUSTEElS)
q GUARDlAN/CONSERVATOR
q OTHER:
SIGNER IS REPRESENTING:
(Name of Penon or Entityliar)
,
BOND NO. 40-0120-03682-99-8
LABOR AND MATERIALS BbND
WHEREAS, the Cii Council of the City of Car&bad, Statei of California, by Resolution
No. 99-l 46 , adopted&PRI L 27, 1999 , has awarded to
W. R. CONNELLY, INC.
(hereinafter designated as the “Principal”), a Contract for:
FARADAY AVENUE =NSION
(ROUGH GRADING AND DRAINAGE)
CONTRACT NO. 3593
in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract
Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are
incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Coritract and the terms thereof
require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to
pay for any materials, provisions, provender or other supplies or teams used in, upon or about the
performance of the work agreed to be done, or for any work or labor done thereon of any kind, the
Surety on this bond will pay the same to the extent hereinafter set forth.
NOW, THEREFORE, WE, W. R. CONNELLY, INC.
UNITELI STATES FIDELITY
as Principal, (hereinafter designated as the “Contractor*), and AND GUARANTY COMPANY
t
as Surety, are held firmly bound unto the City of Carlsbad in the sum of SEVEN HUNDRED
NINETY THOUSAND TWENTY EIGHT AND SS/lOO--------------------------- Dollars
($ 790,028.86 ) said sum being fifty percent (50%) of the estimated amount payable by
the City of Carlsbad under the terms of the Contract, for which payment well and truly to be made
we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLlGATlON IS SUCH that if the person or his/her subcontractors fail
to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the
performance of the work contracted to be done, or for any other work or labor thereon of any kind,
or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or
for any amounts required to be deducted, withheld, and paid over to the Employment Development
Department from the wages of employees of the contractor and subcontractors pursuant to section
13020 of the Unemployment insurance Code with respect to such work and labor that the Surety will
pay for the same, not to exceed the sum specified in the bond, and, also, in case suit is brought
upon the bond, costs and reasonable expenses and fees, including reasonable attorney’s fees, to
be fixed by the court, as required by the provisions of section 3248 of the California Civil Code.
This bond shall inure to the benefti of any and all persons, companies and corporations entitled to
file claims under Title 15 of Part 4 of Division 3 of the Civil Code (commencing with section 3082).
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the work to be performed thereunder or the specifications accompanying the
@s b 01/0!999 Conkact No. 3593 Page 39 of 04 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907
State of California
County of San Diego
On 5-1 l-99
DATE
personally appeared
before me, America San Martin, Notary Public ,
NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBLIC
Valerie M. Pearce ,
NAME(S) OF SIGNER(S)
q personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person@) whose name@) is-
subscribed to the within instrument and ac-
knowledged to me that&i&he&q executed
the same in his/her/their authorized
capacity(b), and that by xMWherI#?iZB
signature@) on the instrument the person@),
or the entity upon behalf of which the
person@) acted, executed the instrument.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL
0 CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
q PARTNER(S) 17 LIMITED
0 GENERAL
m ATTORNEY-IN-FACT
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER:
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTiTY(IE.S)
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION l 6236 Remmet Ave., P.O. Box 7164* Canoga Park, CA 91309-7164
same shall affect its obligations on thii bond, and it does hereby waive notice of any change,
extension of time, alterations or addition to the terms of the contract or to the work or to the P specifications.
- In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall
not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR thii 1lTE Executed by SURETY this 1lTE day
day of MAY ,19 99. of MAY ,19 99 .
CONTRACTOR: SURETY:
W-B. CONNlaLY, INC. lllwrEDsTBTEsmELBITYAIeDGu~cOMPm
(name of Contractor) (name of Surety) 500 S. KRAEMER BLVD., SUITE 200
By: BR& CA 92821
(sign here) / (address of Surety)
J714j993-4430
p, c 6 /A f’(J fi g#l/ &f k Jf c”j HP ic’)+
(title and organization of signatory)
(signature of Attorney-in-Fact)
(sign here)
F~+~=vL I. &qd~~~~, 5
VALERIEM. PEARCE, ATTORNEYS-IN-PACT _I_- (printed name of Attorney-in-Fact)
(print name here) ’ ’ (attach corporate resolution showing current
power of attorney) &kc RE7ZPR)V’ OF b44 fl, &~~~~+cI
(title and organization of signatory)
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
C RONALD R. BALL
City Attorney
c By:
JANE MOBALDI I/
j&t. City Attoffiey
# 01/05/99 Contract No. 3593 Page 40 of 84 Pages
CALIFORNIA
County of SAN DIEGO
On MAY 17, 1999 beforeme, KIM LUCAS. NOTARY PUBLIC
(DATE1 (NAME/TITLE OF OFFICER-i.e.‘JANE DOE, NOTARY PUBLIC’I
personally appeared GUS CONNELLY, VICE PRESIDENT
INAMElSl OF SIGNERISII
FARICE L. CONNELLY, SECY.
fi personally known to me -OR- Cl & roved to me on the asis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies!, and that by his/her/therr signature(s) on the instrument the person(s),
KIM R. LUCAS or the entity upon behalf ;Lte2hich the person(s) executed instru’ment. the
My Comm. Exp. April 18.2002
G Witness my.hand and official seal.
(SEAL)
(SIGNAWOF NOTKRY)
ATTENTION NOTARY
The information requested below and in the column to the right is OPTIONAL.
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any
unauthorized document.
THIS CERTIFICATE Tiib or Type of Document
MUST BE AlTACklED
TO THE DOCUMENT Number of Papas Date of Document
DESCRIBED AT RIGHT:
Siiner(sl Other Than Named Above
WOLCOTTS FORM 63240 Rev. 3-94 (price elms S-2At Q 1994 WOLCOTTS FORMS, INC.
ML PURPOSE ACKNOWLEDGMENT WlTH SIGNER CAPACITYIREPRESENTATlONrrWO FINGERPRINTS
RIGHT THUMBPRINT IOptional)
CAPACITY CLAIMED BY SIGNERIS) q INDIVIDUALW
OCORPORATE
OFFICER(S) lnnm
OPARTNERIS) q LIMITED
q GENERAL
OAlTORNEY IN FACT
q TRUSTEEISI
q GUARDIANICONSERVATOR q OTHER:
SIGNER IS REPRESENTINQ:
IName of Persoolr) or Entityfisr)
RIGHT THUMBPRINT f0ption.d)
CAPACITY CLAIMED BY SIGNERIS)
OINDIVIDUALfS)
OCORPORATE
OFFICER(S)
(TITLESI
q PARTNERW q LIMITED
•GI~JERAL
q ATTORNEY UU FACT
q TRUSTEE~S)
OGUARDIANICONSERVATOR
UOMER:
SIQNER IS REPRESENTING:
(Name of Person(s) or Entity(k)
United States Fidelii and Guaranty Company
Power of Attorney INSURANCE
No. 110749
Know all men by these presents: That &did Gtetee Fidrrii and Gnarauty Company, a corporation organiced and existing under the laws of the State of Maryland and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint ~~~~~~ D. ~~11,
Jack T. Warnock, Sandra J. Little, Bart B. Stewart, Valerie M. Pearce, Chris A. Lydick
and Christine A. Paterson
OftheCiiOf San Diego ,state of California its true and lawtirl Attomeylsl-in-Fact. each in their separate capacity if more than one b ‘named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in itr business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts: and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness whereof. the said United Stetee Fidelity and Geerem Cempeoy. has caused this instrument to be sealed with its corporate seal. duly attested
t+~ the signatures of its Assistant Vice President and Assistant Corporate Secretary, this 30th dayof January .A.0.19 98.
*tim4,
0
g- % (Signed} “~:-z~:~~~.-” ..-.... 5 1896 ;: Assistant Vice President
4% *#
(Signed] Sy. --bJiQ&m.-~z*..G..i
State ol Maryland )
Galtilllorecii )
On this 30th dayof Januar
States Fidelity and Guaranty Company, and Michael being b me severally duly sworn, said, that they, the
Corporate Secretary of the said United States Fidelity
they each knew the seal of said corporation: that the Directors of said corporation, and that they signed their
Company. My Commission expires the 13 th d
0
*us.@ es %g&$
This Power of Attorney is granted under and br authority of the following Aesolutions adopted by the Board of Directors of the United States Fidelity and Guaranty Gempany, September 24, 1992:
Resolved, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings. contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or fzntities appointed as AttorneyWin-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,
either by the Chairman. or the President, or an Executive Vice President or a Senior Vice President, or a Vie President, or an Assistant Vice President, jointly with the Secretary or an Assistant Corporate Secretary. under their respective designations. The signature of such offices may be engraved. printed or lithographed. The
signature of each of the foregoing officers and the seal of the Company may be affixed @ facsimile to any Power of Attorney or to any certificate relating thereto
appointing AttomeyfsIin-Fact for purposes only of executing and attesting bonds and undertakings and other writings obiiitcuy in the nature thereof. and subject to any limitations set fond therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and
any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the company with respect to any bond or
undertaking to which it isvalidly attached. Resolved. That AttorneyWin-Fact shall have the power and authority. and, in any case, subject to the terms and limitations of the Power of Attorney issued
to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatov in the nature thereof. and any such instrument executed by such AttorneyWin-Fact shall be as binding upon the company as if signed ty an Executive Officer and sealed and attested to by the Secretary of the Company.
1 Michael McKibben. an Assistant Corporate Secretary of the United States Fidelity tad Guaranty Company, do hereby certify that the foregoing are true excerpts from the Resolutions of the said Company as adopted by i$ Board of Directors on September 24, 1992 and that these Resolutions are in full force and effect.
I. the undersigned Assistant Corporate Secretary of the United States fidelity and Guaranty Company do hereby certify that the furegoinq Power of Attorney is in full force and effect and has not been revoked. In Testimonv Whereof. I have hereunto set my hand and the seal of tie United States Fdelii and Guaranty Comoanv,
on this llm day of
. 0
gt\. + l9 ‘I.YW .I......... lbA?&i- . I....:
=<yy
Assistant Corporate Secretary
FS 3(10/981
BOND NO. 40-0120-03682-99-8
FAITHFUL PERFORMANCE/WARRANTY BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution
No. 99-l 46 , adopted APRIL 27, 1999 , has awarded to
W. R. CONNELLY, INC. , (hereinafter
designated as the “Principal“), a Contract for:
FARADAY AVENUE EXTENSION
(ROUGH GRADING AND DRAINAGE)
CONTRACT NO. 3593
in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and
other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of
which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond for the faithful performance and warranty of said Contract;
NOW, THEREFORE, WE, W. R. CONNELLY, INC. , as Principal,
(hereinafter designated as the “Contractor”), and UNITED STATES FIDELITY AND GUARANTY
P COWBNP as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of ONE MILLION ‘FIVE HUNDRED EIGHTY THOUSAND FIFTY SEVEN
AND 72/100------------------------ Dollars (S 1,580,057.72 ) said sum being equal
to one hundred percent (100%) of the estimated amount of the Contract, to be paid to City or its
certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions, and agreements in the Contract and any
aiteration thereof made as therein provided on their part, to be kept and performed at the time and
in the manner therein specified, and in all respects according to their true intent and meaning, and
shall indemnify and save harmless the City of Carlsbad. its officers, employees and agents, as
therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full
force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor,
there shall be included costs and reasonable expenses and fees, including reasonable attorney’s
fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and
included in any judgment rendered.
a 01/05/99 Contract No. 3593 Page 41 of 84 Pages
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the work to be performed thereuqder or the specifications accompanying the / same shall affect its obligations on this bond, and it does hereby waive notice of any change,
extension of time, alterations or addition to the terms of the contract or to the work or to the
specifications.
C
’ q b 01 /OS/99 Contract No. 3593 Page 42 of 84 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907
State of California
County of San Diego
On 5-11-99
DATE
personally appeared
before me, America San Martin, Notary Public I NAME, TITLE OF OFFICER - E.G., “.lANE DOE, NOTARY PUBLIC
Valerie M. Pearce I NAME(S) OF SIGNER(S)
q personally known to me - OR - c] proved to me on the basis of satisfactory evidence
to be the person(s) whose name(X) is-
subscribed to the within instrument and ac-
knowledged to me that$xUsheBq executed
the same in his/her/their authorized
capacity@@, and that by xkWher~
signature@) on the instrument the person@),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL
c] CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
0 PARTNER(S) q LIMITED
[3 GENERAL
0 ATTORNEY-IN-FACT NUMBER OF PAGES
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTll-f(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 71S4 l Ganoga Park, CA 91309-7184
.- In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall
not exonerate the Surety from its obligations under thii bond.
- Executed by %ONTRACTOR this 11~~ Executed by SURETY this 1lTH day of
day of MAY ,19 99. MAY ,19x.
CONTRACTOR: SURETY:
W.R. CONKELLY, INC.
(name of Contractor)
By:
(sign here)
UNITE0 STATES FIDRLITYANDGUARAI!UXCOMPAT!lY
(name of Surety)
500 S. KRAEMER BLVD., SUITE 200
BRRA, CA 92821
(address of Surety)
s c . sw#vEdlL
(print name here)
(7141993-4430
(telephone number of Surety)
v
t7P t/v: A. L’,uu~&~c3c c c P A 654 aicd
(Titfe aidskanhation of Signatory)
By: /
(signature of Attorney-in-Fact)
VALRRIEM.PlURCR,ATTORNEY-IN-F&CT
(printed name of Attorney-in-Fact)
(sign here) 0
\ Fm~cE L, (1od tici&\ (Attach corporate resolution showing current
(print name here) power of attorney.)
6 c?cneYk3/ct o/c /;/.bzi?4+dL~> A-/
(Title and Orga’nization of signatory)
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached.)
-
(President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
Contract No. 3593 Page 43 of 84 Pages
State Of’ CALIFORNIA
County.of SAN D1EGO
On MAY 12, 1 wgbefore me,ru~ LUCAS. NOTARY PUBLIC
(DATE) INAMElTlTLE OF OFFICER-i.e.‘JANE DOE. NOTARY PUBLIC’1
personally appeared GUS CONNELLY, VICE PRESIDENT
(NAMEW OF SIGNERW
FARICE L. CONNELLY, SECRETARY
El personally known to me -OR- Cl g roved to me on the asis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within instrument and acknowledged to me that he/she/tF;y executed the same hls/her/thelr authorized capacity(ies!, and that by his/her/their signature(s) on the instrument the person(s),
KIM R. LUCAS
or the Fntity upon behalf
COMM. # 1180190
z[te2hlch the person(s) executed the NOTARY PUBLIC-CALIFORNIA
BAN DIEQO COUNM instru’ment.
My Comm. Exp. April l&2002 1
L Witness my hand and official seal.
(SEAL) )
ATTENTION NOTARY
The information requested below and in the column to the right is OPTIONAL.
Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any
unauthorized document.
THIS CERTIFICATE Tile or Type of Document
MUST BE AlTACHED
TO THE DOCUMENT Number of Pages Date of Document
DESCRIBED AT RIGHT:
Sineds) Other Than Named Above
RIGHT THUMBPRINT (Optbnall
CAPACfTY CLAIMED BY 8lQNERlS)
DINDIVDUALIS)
q CORWRATE
OFFICER(S) ITmEsl
OPARTNERfS) OLIMITED
q GENERAL
OATTORNEY IN FACT
ClTRUSTEEfS)
OGUARDlAN/CONSERVATOR
OOTHER:
SIQNER IS REPRESENTING:
(Name of Per8onW or Entity(ied
RIGHT THUMBPRINT IOptional)
CAPACITY CLAIMED BY SIGNERIS)
q INDIVIDUALIS)
OCORPORATE
OFFICER(S)
ITInES)
q PARTNERW q LlMlTED
OGENERAL
OATTORNEY IN FACT
q lRUSTEElS)
OGUARDIANKZONSERVATOR
q OTHER:
SIGNER IS REPRESENTING:
(Name of Parronk4 or Entity(iar)
WOLCOTTS FORM 83240 Rev. Q-Q4 lprica clssa E-2At Q 1984 WOLCOTTS FORMS. INC.
ALL PURPOSE ACKNOWLEDGMENT WlTH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS
U&d States Fidelity and Guaranty Company
Power of Attorney
No. 110749
Kmw all men bv these pesents~ lhat United Sates Fidelity and Guaaaty Cempaay, a corporation organ&d and existing under the laws of the State of Maryland and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Jerold I). Hall,
Jack T. Warnock, Sandra J. Little, Bart B. Stewart, Valerie M. Pearce, Chris A. Lydick
and Christine A. Paterson
of the City of San Diego .stateof California in true and lawful AttorneyWin-Fact, each in their separate capacity if more than one b named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings. contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons: guaranteeing the performance of contracts; and executing or guaranteeing
bonds and undertakings required or permitted in any actions or proceedings allowed b law. In Witness Whereof. the said United States Fidelii aad Guaraaty Cempaay, has caused this instrument to be sealed with its corporate seal, duly attested
b the signatures of its Assistant Vice President and Assistant Corporate Secretary. this 30th dayof January .A.D 19 98.
(Signed)
State of Maryland )
RaltinwroCii 1
On this 30th dayof Januar
States Fidel&y and Guaraaty Cempaay, and Michael
being h me severally duly swam. said, that they, the Corporate Secretary of the said United States Fidelity they each knew the seal of said corporation: that me Directors of said corporation, and that they signed their Company. My Commission expires the 13 th d
0
$2
@B %@P
This Power of Attorney is granted under and ty authority of the following Resolutions adopted by the Board of Directors of the United States fidelity and Gummy Company, September 24, 1992 Reselved, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating
to said business may be signed, executed, and acknowledged try persons or entities appointed as Attomedsj-in-Fact pursuant to a Power of Attorney issued in
accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman. or the President, or an Executive vice President or a Senior Vice President. or a Vice President, or an Assistant Vice President, jointly with the
Secretary or an Assistant Corporate Secretary. under their respective designations. The signature of such offices may be engraved. printed or lithographed. The
signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing AttorneyWn-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof. and subject to any
limitations set forth therein. any such Power of Attorney or CeRificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the company with respect to any bond or undertaking to which it isvalidly attached.
ResoIued, That AttorneyWin-Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of Attorney issued to them. to execute and deliver on behalf of the Company and to anach the seal of the Company to any and all bonds and undertakings. and other writings obligatory in the nature thereof, and any such instrument executed by such Attomey(sl-in-Fact shall be as binding upon the company as if signed b an Executive Officer and sealed and attested to by the Secretary of the Company. 1 Michael McKibben. an Assistant Corporate Secretary of the United States fidelity and Guaranty Cempaay, do hereby cenify that the foregoing are true excerpts from the Resolutions of the said Company as adopted by its Board of Directors on September 24, 1992 and that these Resolutions are in full fcrce and effect. 1. the undersigned Assistant Corporate Secretary of the United States Fideiii and Guam Company do hereby certify that the foregoing Power of
Attorney is in full force and effect and has not been revoked. In Testimony Whereof. I have hereunto set my hand and the seal of the United States Fidel&y and Guaranty Company, onthii 1lTE day of
* I9 .:u . . . . ..--... lz&..& . . . . . . . . . . . . . . .
Assistant Corporate Secretary
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OF CABLsBBp
Purchasing Depaftment 1200 Carl&ad Village Drive Carlsbad CA 92008 REPRESENTATION AND CERTIFICATION
The following representation and certification shall be completed, signed and returned to Cii of Carlsbad as a part of the bid package.
Mark all applicable blanks.
This offeror represents as part of this offer that the ownership, operation and control of the business, in accordance with the specific definitions listed below is:
Are you cmently cedifi by CALTRANS?
YES NO -x-
Certification #:
Mark all applicable blanks. This offeror represents as a part of this offer that:
This firm is_, is not J a minority business. This firm is_, is not 2 a woman-owned business.
WO1UAN-OWNED BUSINESS: A woman-owned busi- ness is a business of which at least 51 percent is owned, controlled and operatad by a woman or women. Controlled is defined as exercising the power to make policy decisions. Operation is defined as actually involved in the day-today management.
ORlTY BUSlNESS ENT- “Minority Business” is defined as a business, ‘at least 51 percent of which is owned, operated and controlled by minority group members, or in the case of publicly owned businesses, at least 51 percent of which is ;y;L;perated and controlled by minority group The Small Business Admrntstration defines tie socially and economically disadvantaged (minorities) as Black American, Hispanic American, Native Americans (i.e. American Indian, Eskimos, Aleuts and Native Hawaiians), and Asian-Pacific Americans (i.e., U.S. Citizens whose origins are from Japan, China, the Philippines, Vietnam, Korea,
Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan).
CON-
CLASSIFICATION(S): k
LICENSE NUMBER: 4z3~S
TAXPAYERS I.D. NO. .9!2#+~6
-:.. The information furnished isvcertifred to be factual and correct as of the date submitted. I
TELEPHONE NUMBER DATE
v;rrg 01/05/99 Contract No. 3593 Page 44 of 84 Pages
C-
OPTIONAL ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the Cii of Carl&ad whose
address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called “Cii and -
“Contractor” and
whose address is
hereinafter called
whose address is
called “Escrow Agent.”
hereinafter
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows:
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1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California,
the contractor has the option to deposit securities with the Escrow Agent as a substitute for
retention earnings required to be withheld by the City pursuant to the Construction Contract entered
into between the City and Contractor for
FARADAY AVENUE EXTENSION
(ROUGH GRADING AND DRAINAGE)
CONTRACT NO. 3593
in the amount of dated (hereinafter referred to
as the “Contract”). Alternatively, on written request of the contractor, the City shall make payments
of the retention earnings directly to the escrow agent. When the Contractor deposits the securities
as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the
deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the
escrow agent in connection with the handling of retentions under these sections in an amount not
less than $100,000 per contract. The market value of the securities at the time of the substitution
shall be a least equal to the cash amount then required to be withheld as retention under the terms
of the contract between the City and Contractor. Securities shall be held in the name of the
, and shall designate the Contractor as the beneficial
owner.
2. The City shall make progress payments to the Contractor for such funds which otherwise would
be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow
Agent holds securities in the form and amount specified above.
3. When the City makes payment of retentions earned directly to the escrow agent, the escrow
agent shall hold them for the benefit of the contractor until such time as the escrow created under
this contract is terminated. The contractor may direct the investment of the payments into
securities. All terms and conditions of this agreement and the rights and responsibilities of the
parties shall be equally applicable and binding when the City pays the escrow agent directly.
4. The contractor shall be responsible for paying all fees for the expenses incurred by the Escrow
Agent in administering the Escrow Account and all expenses of the City. These expenses and
payment terms shall be determined by the City, Contractor and Escrow Agent.
Qw q 01/05/99 Contract No. 3593 Page 45 of 84 Pages
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5. The interest earned on the securities or the money market accounts held in escrow and all
interest earned on that interest shall be for the sole account of Contractor and shall be subject to
withdrawal by Contractor at any time and from time to time without notice to the City.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account
only by written notice to Escrow Agent accompanied by written author&&ion from City to the Escrow
Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor.
7. The City shall have a right to draw upon the securities in the event of default by the Contractor.
Upon seven days’ written notice to the Escrow Agent from the Cii of the default, the Escrow Agent
shall immediately convert the securities to cash and shall distribute the cash as instructed by the
City.
8. Upon receipt of written notification from the City certifying that the Contract is final and complete
and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less
escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon
disbursement of all moneys and securities on deposit and payments of fees and charges.
9. The Escrow Agent shall rely on the written notifications from the City and the contractor
pursuant to sections (1) to (8) inclusive, of this agreement and the City and Contractor shall hold
Escrow Agent harmless from Escrow Agent’s release, conversion and disbursement of the securities and interest as set forth above.,
10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and
exemplars of their respective signatures are as follows:
For City: Title
Name
Signature
Address
For Contractor: Title
C
For Escrow Agent:
Name
Signature
Address
Title
Name
Signature
es
w 01/05/99 Contract No. 3593 Page 46 of 64 Pages
Addtess
Y At the time the Escrow Account is opened, the Cii and Contractor shall deliver to the Escrow Agent
a fully executed counterpart of thii Agreement.
m
w 01105/99 Contract No. 3593 Page 47 of 84 Pages
IN lMTNESS WHEREOF, the parties have executed this Agreement by their proper officers on the
date first set forth above.
For City: Tiffle
For Contractor:
For Escrow Agent:
Signature
Address
Signature
Address
Signature
Address
q +c 01/05/99 Contract No. 3593 Page 48 of 84 Pages
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SPECIAL PROVISIONS
FOR
FARADAY AVENUE EXTENSION
(ROUGH GRADING AND DRAINAGE)
CONTRACT NO. 3593
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART 1, GENERAL PROVISIONS
SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS
l-l TERMS
Add the following section:
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l-1.1 Reference to Drawings. Where words “shown , ’ “indicated”, “detailed”, “noted”, “scheduled”,
or words of similar import are used, it shall be understood that reference is made to the plans
accompanying these provisions, unless stated otherwise.
Add the following section:
l-l .2 Directions. Where words “directed”, “designated”, ” selected”, or words of similar import are
used, it shall be understood that the direction, designation or selection of the Engineer is intended,
unless stated otherwise. The word “required” and words of similar import shall be understood to
mean “as required to properly complete the work as required and as approved by the Engineer,”
unless stated otherwise.
Add the following section:
l-l .3 Equals and Approvals. Where the words “equal”, “approved equal”, “equivalent”, and such
words of similar import are used, it shall be understood such words are followed by the expression
“in the opinion of the Engineer”, unless otherwise stated. Where the words “approved”, “approval”,
“acceptance”, or words of similar import are used, it shall be understood that the approval,
acceptance, or similar import of the Engineer is intended.
Add the following section:
l-l.4 Perform. The word “perform” shall be understood to mean that the Contractor, at its
expense, shall perform all operations, labor, tools and equipment, and further, including the
furnishing and installing of materials that are indicated, specified or required to mean that the
Contractor, at its expense, shall furnish and install the work. complete in place and ready to use,
including furnishing of necessary labor, materials, tools, equipment, and transportation.
1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be
exclusively defined by the definitions assigned to them herein.
01 m/99 Page 49 of 84 Pages
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Agency -the City of Carlsbad, California.
City Council - the City Council of the City of Carlsbad.
City Manager - the City Manager of the City of Carlsbad or his/her approved representative.
Dispute Board - persons designated by the City Manager to hear and advise the City Manager on
claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute
resolution.
Engineer - the Public Works Director of the City of Carlsbad or his/her approved representative.
The Engineer is the third level of appeal for informal dispute resolution.
Minor Bid Item - a single contract item constituting less than 10 percent (10%) ,of the original
Contract Price bid.
Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired,
directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further,
such employees have their employment taxes, State disability insurance payments, State and
Federal income taxes paid and administered, as applicable, by the Contractor. When used in
Section 2-3.1 “own organization” means construction equipment that the Contractor owns or leases
and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an
operator is not part of the Contractor’s Own Organiration and will not be included for the purpose of
compliance with section 2-3.1 of the Standard Specifications and these Special Provisions.
Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided
who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee
of the Agency or a public utility.
Principal Inspector - The Senior Inspector’s immediate supervisor and second level of appeal for
informal dispute resolution,
Project Inspector-the Engineer’s designated representative for inspection, contract administration
and first level for informal dispute resolution.
Senior Inspector - the Project Inspector’s immediate supervisor and first level of appeal for
informal dispute resolution.
SECTION 2 -- SCOPE AND CONTROL OF THE WORK
2-3 SUBCONTRACTS.
2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring
the Contractor to complete 50 percent of the contract price with its own organization, the Agency
may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of
the value of the work performed in excess of 50 percent of the contract price by other than the
Contractor’s own organization. The City Council shall be the sole body for determination of a
violation of these provisions. In any proceedings under this section, the pnme contractor shall be
entitled to a public hearing before the City Council and shall be notified ten (10) days in advance of
01 IO5199 Page 50 of a4 Pages
the time and location of said hearing. The determination of the City Council shall be final.
.-- 2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete,
“who is listed in the latest version of U.S. Department of Treasury Circular 570.“.
Modify paragraphs three and four to read: The Contractor shall provide a faithful
performance/warranty bond and payment bond (labor and materials bond) for this contract. The
faithful performance/warranty bond shall be in the amount of 100 percent of the contract price and
the payment bond shall be in the amount of 50 percent of the contract price. Both bonds shall
extend in full force and effect and be retained by the Agency during this project until they are
released according to the provisions of this sectron.
The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days
after recordation of the Notice of Completion and will remain in full force and effect for the one year
warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The
payment bond shall be released six months plus 30 days after recordation of the Notice of
Completion if all claims have been paid.
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Add the following: All bonds are to be placed with a surety insurance carrier admitted and
authorized to transact the business of insurance in California and whose assets exceed their
liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the
following documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or
other instrument entitling or authorizing the person who executed the bond to do so. ,A
2) A certified copy of the certificate of authority of the insurer issued by the insurance
commissioner.
If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of
the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the
execution of the bond. The financial statement shall be made by an officer’s certificate as defined in
Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may
be verified by the oath of the principal officer or manager residing within the United States,
P 2-5 PLANS AND SPECIFICATIONS.
2-5.1 General, add the following: The specifications for the work include the Standard
Specifications for Public Works Construction, (SSPWC), 1997 Edition, and the 1998 supplement
thereto, hereinafter designated “SSPWC”, as written and promulgated by Joint Cooperative
Committee of the Southern California Chapter American Public Works Association and Southern
California Districts Associated General Contractors of California, and as amended by the Special
Provisions section of this contract.
The construction plans consist of one set of drawings designated as City of Carlsbad Drawing No.
369-2 and consists of 15 sheets. The standard drawings used for this project are the latest edition
of the San Diego Area Regional Standard Drawings, hereinafter designated SDRS. as issued by the
San Diego County Department of Public Works, together with the City of Carlsbad Supplemental
Standard Drawings. Copies of some of the pertinent standard drawings are enclosed as an
appendix to these Special Provisions.
-p 2-5.2 Precedence of Contract Documents, add the following: Where CALTRANS specrfications
01105/99 Page 51 of a4 Pages
are used to modify the SSPWC or added to the SSPWC by any of the contract documents the
CALTRANS specifications shall have precedence only to the materials and construction materials
referred to in the CALTPANS specifications. The Invitation to Bid. Contract for Public Works, Part 1
of these Special Provisions and Part 1 of the SSPWC in the order of precedence in section 2-5.2 of
the SSPWC shall prevail over the CALTPANS specifications in all other matters.
2-5.3.3 Submittals, add the following: When submitted for the Engineer’s review, Shop
Drawings shall bear the Contractor’s certification that the Contractor has reviewed. checked. and
approved the Shop Drawings and that they are in conformance with the requirements of the
Contract Documents. The Contractor shall subscribe to and shall place the following certification on
all submittals:
“I hereby certii that the (equipment, material) shown and marked in this submittal is that proposed
to be incorporated into this Project, is in compliance with the Contract Documents, can be installed
in the allocated spaces, and is submitted for appmval.”
By: Title:
Date: -
Company Name:
Add the following:
2-5.4 Record drawings, The Contractor shall provide and keep up-to-date a complete “as-built”
record set of blue-line prints, which shall be corrected in red daily and show every change from the
original drawings and specifications and the exact “as-built” locations, sizes and kinds of equipment,
underground piping, valves, and all other work not visible at surface grade. Prints for this purpose ee
may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be
used only as a record set and shall be delivered to the Engineer upon completion of the work.
Payment for performing the work required by section 2-5.4 shall be included in various bid items and
no additional payment will be made therefor. :
2-9 SURVEYING.
2-9.1 Permanent Survey Markers, substitute the following: The Contractor shall not disturb
permanent survey monuments or benchmarks without the consent of the Engineer. Where the
Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is
impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer
authorized to practice land surveying within the State of California. hereinafter surveyor, to establish
the location of the monument before it is disturbed. The Contractor shall have the monument
replaced by the surveyor no later than thirty (30) days after construction at the site of the
replacement is completed. The surveyor shall file corner record(s) as required by §Q 8772 and
8773, et seq. of the California Business and Professrons Code.
When a change is made in the finished elevatron of the pavement of any roadway in which a
permanent survey monument is located, the Contractor shall adjust the monument frame and cover
to the new grade within 7 days of pavrng unless $he Engineer shalt approve otherwise. Monument
frames and covers shall be protected during street sealing or painting projects or be cleaned to the
satisfaction of the Engrneer.
; of
0 1 IO999 Page 52 of a4 Pages
2-9.3 Survey Service, substitute the following: . The Contractor shall hire and pay for the
services of a surveyor to perform all work necessary for establishing control, construction staking,
records research and all other surveying work necessary to construct the work, provide surveying
services as required herein and provide surveying, drafting and other professional services required
to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during
all surveying operations and shall personally supervise and certify the surveying work.
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Add the following section:
2-9.3.1 Submittal of Surveying Data, All surveying data submittals shall conform to the
requirements of section 2-5.3.3, “Submittals”, herein. The Contractor shall submit grade sheets to
the Engineer before commencing work in the area affected by the grade sheets. The Contractor
shall submit field notes for all surveying required herein to the Engineer within ten days of
performing the survey. All surveying field notes, a rade sheets and survey calculations shall be
submitted in bound form on 215mm by 280 mm (8 i2” by 1 ‘l”) paper. The field notes, calculations
and data shall be clear and complete with name of the surveyor, the party chief, field crew
members, preparer of the field notes or calculations. They shall be annotated with the date of
observation or calculation, be numbered with consecutive page numbers and shall be readable
without resort to any electronic aid, computer program or documentation for any computer program.
The field notes shall be prepared in conformance with the CALTRANS “Surveys Manual”. The
Contractor shall have a Record of Survey prepared by the surveyor and file it in conformance with
85 8700 - 8805 of the State of California Business and Professions Code when the surveyor
performs any surveying that such map is required under QQ 8762 of the State of California Business
and Professions Code and whenever the Surveyor shall establish, set or construct any permanent
survey monument. SDRS drawing M-10 type monuments. bolts, spikes, leaded tacks and nails
(when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or
accessory to, property comers and street centerlines are permanent survey monuments. The
Record of Survey shall show all monuments set, control monuments used, the basis of bearings and
all other data needed to determine the procedure of survey and the degree of accuracy attained by
the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall
not exceed 1 part in 40,000. The record of survey shall show the location and justification of
location of all permanent monuments set and their relation to the street right-of-way. Record(s) of
Survey(s) shall be submitted for the Engineer’s review and approval before submittal to the County
Surveyor and before submittal to the County Recorder.
,--
Add the following section:
2-9.3.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no
greater intervals than 15.2 m (SO’), as measured along the project stationing unless a lesser interval
is specified herein. Rough sub-grade stakes on slopes shall be set at top of cuts, toe of fills, or
slope catch points and street crown lines where no median exists. Large slopes shall have line
point set to aid in construction of the slope. Storm drain staking shall be done at 7.6 m (25’)
intervals. Catch basins shall be staked at centerline and each end of the local depression. Surveyor
shall mark the removal limits and limits of work line shown on the plans. The markings shall consist
of continuous painted lines on asphalt and concrete surfaces and red flagged or painted laths spaced on centers no more than 7.6 m (25’) on unimproved areas. The markings shall be
completed by surveyor and inspected and approved by the Engineer before the start of construction
in the area marked. For all pipeline work the pipe and each access hole, pipe material change,
lateral connection, fitting, appurtenance, or hydrant location with elevations shall be staked and
provided with grade stakes designating the offset of the reference point, station, elevation of
reference point, cut (or fill) and feature of pipe that is referenced. Habitat mitigation sites and other
0 1 I05199 Page 53 of a4 Pages
areas to be preserved that are shown on the plans shall be staked and flagged at 7.6 m (25’)
intervals prior to the start of any other activities within the limits of the work. When no curb and
gutter is being installed as a part of the project the location of adjacent facilities being constructed
as a part of the Contract the Contractor shall place stakes defining the horizontal and vertical
location of such adjacent utility vaults, poles or other facilities that are being installed as parts of, or
as adjunct(s) to, the project.
Add the following section:
2-9.3.3 Payment for Survey, Payment for work performed to satisfy the requirements of
Sections 2-9.1 through 2-9.3.2 shall be included in the actual bid items requiring the survey work
and no additional payment will be made. Extension of unit prices for extra work shall include full
compensation for attendant survey work and no additional payment will be made therefor. Payment
for the replacement of disturbed monuments and the filing of comer records shall be incidental to
the work necessitating the disturbance of said monuments and no additional payment will be made
therefor.
2-10 AUTHORITY OF BOARD AND ENGINEER
Add the following section:
2-I 0.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies
of all records in the Contractor’s or subcontractor’s possession pertaining to the work that the
Engineer may request.
Add the following section:
2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the
Engineer, within San Diego County, accurate books and accounting records relative to all its
activities and to contractually require all subcontractors to this Contract to do the same. The
Engineer shall have the right to monitor, assess. and evaluate Contractor’s and its subcontractors
performance pursuant to this Agreement, said monitoring, assessments. and evaluations to include,
but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews
of Contractor’s staff and the staff of all subcontractors to this contract. At any time during normal
business hours and as often as the Engineer may deem necessary, upon reasonable advance
notice, Contractor shall make available to the Engineer for examination, all of its, and all
subcontractors to this contract, records with respect to all matters covered by this Contract and will
permit the Engineer to audit, examine, copy and make excerpts or transcripts from ,such data and
records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data
relating to all matters covered by this Contract. However, any such activities shall be carried out in
a manner so as to not unreasonably interfere with Contractor’s ongorng business operations.
Contractor and all subcontractors to this contract shall maintain such data and records for as long
as may be required by applicable laws and regulations.
SECTION 3 -- CHANGES IN WORK
3-3 EXTRA WORK.
3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in
quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of
contract unit price for such items will be limited to that portion of the change in excess of 25 percent
of the original quantity listed in the Contractor’s bid proposal for this contract. Adjustments in
excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra
Q1mY99 Page 54 of 84 Pages
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/c 3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of
ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs
shall be the edition of the, “Labor Surcharge 8 Equipment Rental Rates” published by CALTRANS,
current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein
shall be used as multipliers of the rental rates for determining the value of costs for delay to the
Contractor and subcontractors, if any, The labor surcharge rates published therein are not a part of
this contract.
3-3.2.3 Markup,’ Delete sections 3-3.2.3 (a) and (b) and replace with the following:
(a) Work by Contractor. The following percentages shall be added to the Contractors costs
and shall constitute the markup for all overhead and proftis:
1) Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
2) Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
3) Equipment Rental . . . . . . . . . . . . . . . . . . . 15
4) Other Items and Expenditures . . 15
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To the sum of the costs and markups provided for in this section, 1 percent shall be added as
compensation for bonding.
(b) Work by Subcontractor. When all or any part of the extra work is performed by a
Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor’s actual
cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the
extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted
portion of the extra work may be added by the Contractor.
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3-3.3 Daily Repotts by Contractor, add the following after the second sentence: Payment for
extra work will not be made until such time that the Contractor submits completed daily reports and
all supporting documents to the Engineer.
3-4 CHANGED CONDITIONS. delete the second sentence of paragraph three, delete paragraph
five (5) and add the following: The Contractor shall not be entitled to the payment of any additional
compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a
change order, or for the happening of any event, thing, occurrence, or other cause, unless the
Contractor shall have first given the Engineer due written notice of potential claim as hereinafter
specified. Compliance with this section shall not be required as a prerequisite to notice provisions in
Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in
measurement or errors of computation as to contract quantities. The written notice of potential claim
for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery
and prior to the time that the Contractor performs the work giving rise to the potential claim. The
Contractor’s failure to give written notice of potential claim for changed conditions to the agency
upon their discovery and before they are disturbed shall constitute a waiver of all claims in
connection therewith.
The Contractor shall provide the City with a written document containing a description of the
particular circumstances giving rise to the potential claim, the reasons for which the Contractor
believes additional compensation may be due and nature of any and all costs involved within 20
working days of the date of service of the wntten notice of potential claim for changed conditions.
0 l/05/99 Page 55 of 84 Pages
Verbal notifications are disallowed.
The potential claim shall include the following certification relative to the California False Claims Act,
Government Code Sections 12650-l 2655.
“The undersigned certifies that the above statements are made in full cognizance of the California
False Claims Act, Government Code sections 12650-12655. The undersigned further understands
and agrees that this potential claim, unless resolved, must be restated as a claim in response to the
City’s proposed final estimate in order for it to be further considered.”
By: Title:
Date:
Company Name:
The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor
shall submit substantiation of its actual costs to the Engineer within 20 working days after the
affected work is completed. Failure to do so shall be sufficient cause for denial of any claim
subsequently filed on the basis of said notice of potential claim.
It is the intention of this section that differences between the parties arising under and by virtue of
the contract be brought to the attention of the Engineer at the earliest possible time in order that
such matters be settled, if possible, or other appropriate action promptly taken.
3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written notice of
potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a
waiver of all claims in connection therewith.
Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute
resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall
attempt to resolve all disputes informally through the following dispute resolution chain of command:
1. Project Inspector
2. Senior Inspector
3. Principal Inspector
4. City Engineer
5. City Manager
The Contractor shall submit a complete report within 20 working days after completion of the
disputed work stating its position on the claim, the contractual basis for the claim, along with all
documentation supporting the costs and all other evidentiary materials. At each level of claim or
appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim,
review the Contractor’s report and respond with a position, request additional information or request
that the Contractor meet and present Its report. When additional information or a meeting is
requested the City will provide its position within 10 working days of receipt of said additional
information or Contractor’s presentation of its report. The Contractor may appeal each level’s
position up to the City Manager after which the Contractor may proceed under the provisions of the
Public Contract Code.
0 1105199 Page 56 of 64 Pages
The authority within the dispute resolution chain of command is limited to recommending a
resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order
- provisions in the contract.
All claims by the contractor for $375,000 or less shall be resolved in accordance with the
procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with
Section 20104) which is set forth below:
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ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS
20104. (a)(l) This article applies to all public works claims of three hundred seventy-five thousand
dollars ($375,000) or less which arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a contractor and a
public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1
(commencing with Section 10240) of Chapter 1 of Part 2.
(b)(l) “Public work” has the same meaning as in Sections 3100 and 3106 of the Civil Code, except
that “public work” does not include any work or improvement contracted for by the state or the
Regents of the University of California.
(2) “Claim” means a separate demand by the contractor for (A) a time extension, (B) payment of
money or damages arising from work done by, or on behalf of, the contractor pursuant to the
contract for a public work and payment of which is not otherwise expressly provided for or the
claimant is not othewise entitled to, or (C) an amount the payment of which is disputed by the local
agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications
for any work which may give rise to a claim under this article.
(d) This article applies only to contracts entered into on or after January 1, 1991.
20104.2. For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the claim.
Claims must be filed on or before the date of final payment. Noth-ing in this subdivision is intended to
extend the time limit or supersede notice requirements otherwise provided by contract for the filing
of claims.
(b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in
writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within
30 days of receipt of the claim, any additional documentation supporting the claim or relating to
defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency’s written response to the claim, as further documented, shall be submitted to
the claimant within 15 days after receipt of the further documentation or within a period of time no
greater than that taken by the claimant in producing the additional information, whichever is greater.
(c)(l) For claims of over fifty thousand dollars ($50.000) and less than or equal to three hundred - seventy-five thousand dollars ($375,000) the local agency shall respond in writing to all written
claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of
the claim, any additional documentation supporting the claim or relating to defenses to the claim the - local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
.--. subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency’s written response to the claim. as further documented, shall be submitted to
C m/05/99 Page 57 of 84 Pages
the claimant within 30 days after receipt of the further documentation, or within a period of time no
greater than that taken by the claimant in producing the additional information or requested
documentation, whichever is greater.
(d) If the claimant disputes the local agency’s written response, or the local agency fails to respond
within the time prescribed, the claimant may so notify the local agency, in writing, either within 15
days of receipt of the local agency’s response or within 15 days of the local agency’s failure to
respond within the time prescribed, respectively, and demand an informal conference to meet and
confer for settlement of the issues in dispute. Upon a demand. the local agency shall schedule a
meet and confer conference within 30 days for settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any portion remains in dispute, the
claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2
(commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For
purposes of those provisions, the running of the period of time within which a claim must be filed
shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a)
until the time that claim is denied as a result of the meet and confer process, including any .period of
time utilized by the meet and confer process.
(f) This article does not apply to tort claims and nothing in this article is intended nor shall be
construed to change the time periods for filing tort claims or actions specified by Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division
3.6 of Title 1 of the Government Code.
20104.4. The following procedures are established for all civil actions filed to resolve claims subject
to this article:
(a) Within 60 days, but no earlier than 30 days. following the filing or responsive pleadings, the court
shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties.
The mediation process shall provide for the selection within 15 days by both parties of a
disinterested third person as mediator, shall be commenced within 30 days of the submittal. and
shall be concluded within 15 days from the commencement of the mediation unless a time
requirement is extended upon a good cause showing to the court or by stipulation of both parties. If
the parties fail to select a mediator within the 15-day period, any party may petition the court to
appoint the mediator.
(b)(l) If the matter remains in dispute. the case shall be submitted to judicial arbitration pursuant to
Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure.
notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3
(commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure)
shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to
judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed
for purposes of this article shall be expenenced in construction law, and, upon stipulation of the
parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to
exceed their customary rate, and such fees and expenses shall be paid equally by the parties,
except in the case of arbitration where the arbitrator, for good cause, determines a different division.
In no event shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141 .lO) Title 3 of Pan 3 of the Code of
Civil Procedure, any party who after receiving an arbitration award requests a tnal de novo but does
not obtain a more favorable judgment shall, in addition to payment of costs and fees under that
chapter, pay the attorney’s fees of the other party arising out of the trial de novo.
(c) The court may, upon request by any party, order any witnesses to participate in the mediation or
arbitration process.
!I1105/99 Page 58 of 84 Pages
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed
except as otherwise provided in the contract. e (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on - any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a
court of law.
SECTION 4 - CONTROL OF MATERIALS
4-l MATERIALS AND WORKMANSHIP.
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4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe
access to any and all parts of work at any time. Such free and safe access shall include means of
safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the
safety of persons as contained in the State of California, California Code of Regulations. Title 8,
Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety
Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with
such information as may be necessary to keep the Engineer fully informed regarding progress and
manner of work and character of materials. Inspection or testing of the whole or any portion of the
work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfil1
this Contract.
4-1.4 Test of Materials, delete the phrase, “and a reasonable amount of retesting”, from the third
sentence of the first paragraph.
add the following: Except as specified in these Special Provisions, the Agency will bear the cost of
testing of locally produced materials and/or on-site workmanship where the results of such tests
meet or exceed the requirements indicated in the Standard Specifications and the Special
Provisions. The cost of all other tests shall be borne by the Contractor.
At the option of the Engineer, the source of supply of each of the materials shall be approved by the
Engineer before the delivery is started. All materials proposed for use may be inspected or tested at
any time during their preparation and use. If. after incorporating such materials into the Work, it is
found that sources of supply that have been approved do not furnish a uniform product, or if the
product from any source proves unacceptable at any time, the Contractor shall furnish approved
material from other approved sources. If any product proves unacceptable after improper storage,
handling or for any other reason it shall be rejected, not incorporated into the work and shall be
removed from the project site all at the Contractor’s expense.
Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the
requirements of the specifications shall be borne by the Agency. Said tests may be made at any
place along the work as deemed necessary by the Engineer. The costs of any retests made
necessary by noncompliance with the specifications shall be borne by the Contractor.
4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the
satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the
substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility
with associated items, availability of repair parts and suitability of application the Contractor shall
remove the substituted item and replace it with the originally specified item at no cost to the
Agency.
C Page 59 of 84 Pages
SECTION 5 -- UTILITIES
5-l LOCATION. Add the following: The Agency and affected utility companies have, by a search
of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the
limits of the work. However, the accuracy and/or completeness of.the nature. size and/or location of
utilities indicated on the Plans is not guaranteed.
5-4 RELOCATION. Add the following: In order to minimize delays to the Contractor caused by
the failure of other parties to relocate utilities that interfere with the construction, the Contractor,
upon request to the Engineer, may be permitted to temporarily omit the portion of work affected by
the utility. Such omission shall be for the Contractor’s convenience and no additional compensation
will be allowed therefor. The portion thus omitted shall be constructed by the Contractor
immediately following the relocation of the utility involved unless otherwise directed by the Engineer.
SECTION 6 - PROSECUTION, PROGRESS AND
ACCEPTANCE OF THE WORK
6-l CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete subsection 6-1
and substitute the following: The Contractor shall begin work within 15 calendar days after receipt
of the “Notice to Proceed”.
The Contractor is subject to the following agency pennits (included in the appendicies) that affect
scheduling and the commencement of work:
APPENDIX A. Coastal Development Permit
APPENDIX B. Habitat Loss Permit (Section 4(d))
Add the following section:
6-1 .l Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will
set the time and location for the Pre-construction Meeting. Attendance of the Contractor’s
management personnel responsible for the management, administration, and execution of the
project is mandatory for the meeting to be convened. Failure of the Contractor to have the
Contractor’s responsible project personnel attend the Pre-construction Meeting will be grounds for
default by Contractor per section 6-4. No separate payment will be made for the Contractor’s
attendance at the meeting. The notice to proceed will only be issued on or after the completion of
the Pre-construction meeting.
Add the following section:
6-1.2 Measurement And Payment Of Construction Schedule. The Contractor’s preparation,
revision and maintenance of the Construction Schedule are incidental to the work and no separate
payment will be made therefor.
6-2 PROSECUTION OF WORK.
Add the following section:
6-2.1 Project Meetings. The Engineer will establish the time and location of weekly Project
Meetings. Each Project Meeting shall be attended by the Contractor’s Representative. The Project
011Q5/99 Page 60 of 84 Pages
Representative shall be the individual determined under section 7-6, “The Contractor’s
Representative”, SSPWC. No separate payment for attendance of the Contractor, the Contractor’s
-1 Representative or any other employee or subcontractor or subcontractor’s employee at these - meetings will be made.
6-6 DELAYS AND EXTENSIONS OF TIME.
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6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written
notice to the Engineer within two hours of the beginning of any period that the Contractor has placed
any workers or equipment on standby for any reason that the Contractor has determined to be
caused by the Agency or by any organization.that the Agency may otherwise be obligated by. The
Contractor shall provide continuing daily written notice to the Engineer, each working day,
throughout the duration of such period of delay. The initial and continuing written notices shall
include the classification of each workman and supervisor and the make and model of each piece of
equipment placed on standby, the cumulative duration of the standby, the Contractor’s opinion of
the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by
reasonable means. Should the Contractor fail to provide the notice(s) required by this section the
Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefor.
6-7 TIME OF,COMPLETION. Add the following: The Contractor shall diligently prosecute the
work to completion within 118 working days after the starting date specified in the Notice to
Proceed.
6-7.2 Working Day. Add the following: Unless othewise approved in writing by the Engineer,
the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through
Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the
Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or
holidays. This written permission must be obtained at least 48 hours prior to such work The
Engineer may approve work outside the hours and/or days stated herein when, in his/her sole
opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The
Contractor shall pay the inspection costs of such work.
No work involving veqetatiQall occur during the Coastal California Gnatcatcher
breeding season losted as Februa~th~.@.,,Aug&~,.3Qtb. No work involving grading __.l.-._rl. operations shall occur during the rainy season defined as October 1st through April 1st. The
Contractor shall incorporate the dates, areas and types of work prohibited in this section in the
Construction Schedule required by section 6.1.’ No additional payment, adjustment of bid prices or
adjustment of contract time of completion will be allowed as a consequence of the prohibition of
work being performed within the’dates, areas and/or types of work prohibited in this section.
6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following:
The Engineer will not accept the Work or any portion of the Work before all of the Work is
completed and all outstanding deficiencies that may exist are corrected by the Contractor and the
Engineer is satisfied that all the materials and workmanship, and all other features of the Work,
meet the requirements of all of the specifications for the Work. Use, temporary, interim or
permanent, of all. or portions of,. the Work does not constitute acceptance of the Work. If, in the
Engineer’s judgment, the Work has been completed and is ready for acceptance the Engineer will
so certify to the Board. Upon such certification by the -Engineer the Board may accept the
completed Work. Upon the Board’s acceptance of the Work the Engineer will cause a “Notice of
Completion” to be filed in the office of the San Diego County Recorder. The date of recordation
P 0 1105199 Page 61 of a4 Pages
shall be the date of completion of the Work.
Delete the first sentence of the third paragraph and substitute the following two sentences: All
work shall be warranted for one (1) year after recordation of the “Notice of Completion” and any
faulty work or materials discovered during the warranty period shall be repaired or replaced by the
Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained
as a warranty bond for the one year warranty period.
6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first sentence
of the second paragraph and add the following: For each consecutive calendar day in excess of
the time specified for completion of Work, as adjusted in accordance with 6-6. the Contractor shall
pay the Agency, or have withheld monies due it, the sum of Fifteen Hundred Dollars ($1,500.00)
Execution of the Contract shall constitute agreement by the Agency and Contractor that Fifteen
Hundred Dollars ($1,500.00) per day is the minimum value of costs and actual damages caused by
the Contractor to complete the Work within the allotted time. Any progress payments made after the
specified completion date shall not constitute a waiver of this paragraph or of any damages.
SECTION 7 - RESPONSIBILITIES of the CONTRACTOR
7-3 LIABILITY INSURANCE. Modify as follows: All insurance is to be placed with insurers that
have a rating in Best’s Key Rating Guide of at least A-:V and are admitted and authorized to
conduct business in the state of California and are listed in the official publication of the Department
of Insurance of the State of California.
7-4 WORKERS’ COMPENSATION INSURANCE. Add the following: All insurance is to be
placed with insurers that are admitted and authorized to conduct business in the state of California
and are listed in the official publication of the Department of Insurance of the State of California.
Policies issued by the State Compensation Fund meet the requirement for workers’ compensation
insurance.
7-5 PERMITS. Delete the first sentence and add the following four sentences: Except as
specified herein the agency will obtain, at no cost to the Contractor, all encroachment, right-of-way,
grading, resource agency and building permits necessary to perform work for this contract on
Agency property, in streets, highways (except State highway right-of-way), railways or other rights-
of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The
Contractor shall obtain and pay for all permits for the disposal of all materials removed from the
project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and
no additional compensation will be allowed therefor.
Add the following section:
7-5.1 Resource Agency Permits. Resource agency permits for the Work are included in
Appendix ‘A’ of these special provisions. Resource agency permits pertaining to this project include:
1) City of Cansbad Coastal Development permit issued on January 6, 1999.
2) City of Carlsbad Section 4(d) permit issued on
7-7 COOPERATION AND COLLATERAL WORK.
Add the following section:
7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies
during the relocation or construction of their lines. The Contractor may be granted a time extension
01/05/99 Page 62 of 84 Pages
if, in the opinion of the Engineer, a delay is caused by the utility company. No additional
compensation will be made to the Contractor for any such delay.
7-8 PROJECT SITE MAINTENANCE.
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7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein
shall also be executed on weekends and other non-working days when needed to preserve the
health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust
control throughout the duration of the Contract. The Engineer may require increased levels of
cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety
and welfare of the public. Cleanup and dust control shall be considered incidental to the items of
work that they are associated with and no additional payment will be made therefor.
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7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a
construction meter for water used for the construction, plant establishment, maintenance, cleanup,
testing and all other work requiring water related to this contract. The Contractor shall contact the
appropriate water agency for requirements.
The Contractor shall pay all costs of temporary light, power and water including hookup, service,
meter and any, and all. other charges, deposits and/or fees therefor. Said costs shall be
considered incidental to the items of work that they are associated with and no additional payment
will be made therefor.
Add the following section:
7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped
with mufflers in good repair when in use on the project with special attention to the City Noise
Control Ordinance, Carlsbad Municipal Code Chapter 8.48.
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7-10 PUBLIC CONVENIENCE AND SAFETY.
7-10.1 The Contractor shall prepare and implement traffic control plans and shall furnish all labor
and materials to perform, install, maintain, replace and remove all traffic control as incidentals to the
work with which they are associated and no other compensation will be allowed therefor.
Add the following section:
C.
7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary
precautions for the safety of employees on the work and shall comply with all applicable provisions
of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to
persons on, about, or adjacent to the premises where the work is being performed. The Contractor
shall erect and properly maintain at all times, as required by the conditions and progress of the
work, all necessary safeguards for the protection of workers and public and shall use danger signs
warning against hazards created by such features of construction as protruding nails, hoists, well
holes, and falling materials.
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7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work
include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible
materials, such as borrow pits or gravel beds, for use in the proposed construction project which
would be subject to Section 1601 or Section 1603 of the Fish and Game Code. the conditions
established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions
of the contract.
01 IO5199 Page 63 of a4 Pages
il. .,r
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SECTION 9 - MEASUREMENT 8 PAYMENT
9-l MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK
g-1.015 Final Pay Quantities - When the estimated quantity for a specific portion of the work is
designated as a final pay quantity, the estimated quantity shall be the final quantity for which
payment for the specific portion of the work will be made, unless the dimensions of the portion of the
work shown on the plans are revised by the Engineer, or unless the portion of the work is
eliminated. If the dimensions of the specific portion of the work are revised, and the revisions result
in an increase or decrease in the estimated quantity of the portion of the work, the final quantity for
payment will be revised in the amount represented by the changes in the dimensions. If the specific
portion of the work is eliminated, the final pay quantity designated for the specific portion of the work
will be eliminated.
The estimated quantity for each specific portion of the work designated on the plans as a final pay
quantity shall be considered as approximate only and no guarantee is made that the quantities
which can be determined by computations, based on the details and dimensions shown on the
plans, will equal the estimated quantities. No allowance will be made in the event that the quantities
based on computations do not equal the estimated quantities.
When portions of an item have been designated on the plans as final pay quantities, portions not so
designated will be measured and paid for in accordance with the applicable provisions of these
specifications and the special provisions.
In case of a discrepancy between the quantities shown on the plans as final pay quantities and the
quantity of the same item shown in the Engineer’s Estimate, payment will be based on the final pay
quantities shown on the plans.
9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be
the U.S. Standard Measures.
9-3 PAYMENT.
9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods
shall not be affected by any payment but shall commence on the date of recordation of the “Notice
of Completion”
9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following:
Each month, the Engineer will make an approximate measurement of the work performed to the
closure date as basis for making monthly progress payments. The estimated value will be based
on contract unit prices, completed change order work and as provided for in Section 9-2 of the
Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30)
calendar days after the closure date. Five (5) working days following the closure date, the
Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the
Contractor’s information. Should the Contractor assert that additional payment is due. the
Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental
payment request to the Engineer with adequate justification supporting the amount of supplemental
payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon
as practicable after receipt, determine whether the supplemental payment request IS a proper
.
0 1 JO5199 Page 64 of a4 Pages
payment request. If the Engineer determines that the supplemental payment request is not proper,
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-
then the request shall be returned to the Contractor as soon as practicable, but not later than
seven (7) days after receipt. The returned request shall be accompanied by a document setting
forth in writing the reasons why the supplemental payment request was not proper. In
conformance with Public Contract Code Section 20104.50, the City shall make payments within
thirty (30) days after receipt of an undisputed and properly submitted supplemental payment
request from the Contractor. If payment of the undisputed supplemental payment request is not
made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the
Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of
Civil Procedure.
Delete the third paragraph and substitute the following: The Agency shall retain 10 percent of
such estimated value of the work done and 10 percent of the value of materials so estimated to
have been furnished and delivered and unused or furnished and stored as aforesaid as part security
for the fulfillment of the contract by the Contractor, except that at any time after 50 percent of the
work has been completed, if the Engineer finds that satisfactory progress is being made, the Agency
may reduce the total amount being retained from payment pursuant to the above requirements to 5
percent of the total estimated value of said work and materials and may also reduce the amount
retained from any of the remaining partial payments to 5 percent of the estimated value of such
work and materials. In addition, on any partial payment made after 95 percent of the work has been
completed, the Agency may reduce the amount withheld from payment pursuant to the
requirements of this Section to such lesser amounts as the Engineer determines is adequate
security for the fulfillment of the balance of the work and other requirements of the contract, but in
no event will said amount be reduced to less than 125 percent of the estimated value of the work yet
to be completed as determined by the Engineer. Such reduction will only be made upon the written
request of the Contractor and shall be approved in writing by the surety on the Performance Bond
and by the surety on the Payment Bond. The approval of the surety shall be submitted to the
Engineer; the signature of the person executing the approval for the surety shall be properly
acknowledged and the power of attorney authorizing the person executing the approval to give such
consent must either accompany the document or be on file with the Agency.
Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment
Estimate and process a corresponding payment. This estimate will be in writing and shall be for the
total amount owed the Contractor as determined by the Engineer and shall be itemized by the
contract bid item and change order item with quantities and payment amounts and shall show all
deductions made or to be made for prior payments and amounts to be deducted under provisions of
the contract. All prior estimates and progress payments shall be subject to correction in the Final
Payment Estimate.
The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make
written statement disputing any bid item or change order item quantity or payment amount. The
Contractor shall provide all documentation at the time of submitting the statement supporting its
position. Should the Contractor fail to submit the statement and supporting documentation within
the time specified, the Contractor acknowledges that full and final payment has been made for all
contract bid items and change order items.
If the Contractor submits a written statement with documentation in the aforementioned time, the
Engineer will review the disputed item within 30 calendar days and make any appropriate
adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the
Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work.
rs 01/05/99 Page 65 of 64 Pages
“,.T’ : ‘3.
The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to
ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the
Contractor’s claims. It will be the responsibility of the Contractor to furnish within a reasonable time
such further information and details as may be required by the Engineer to determine the facts or
contentions involved in its claims. Failure to submit such information and details will be sufficient
cause for denying payment for the disputed items.
9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in
the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted
in a written statement by the Contractor no later than the date of receipt of the final payment
estimate. Those final payment items disputed in the written statement required in subsection 9-3.2
shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will
be considered that was not included in this written statement, nor will any claim be allowed for which
written notice or protest is required under any provision of this contract including sections 3-4
Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written
Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with
notice or protest requirements.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the
basis and amount of said claims. The Engineer will consider and determine the Contractor’s claims
and it will be the responsibility of the Contractor to furnish within a reasonable time such further
information and details as may be required by the Engineer to determine the facts or contentions
involved in its claims. Failure to submit such information and details will be sufficient cause for
denying the claims.
Payment for claims shall be processed within 30 calendar days of their resolution for those claims
approved by the Engineer. The Contractor shall proceed with informal dispute resolution under
subsection 3-5. Disputed Work, 7or those claims remaining in dispute.
Add the following section:
9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated
Into the work will not be included in the progress estimate.
Add the following section:
9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will
be made at the stipulated lump-sum price bid therefor in the bid schedule. The Contract lump-sum
price paid for mobilization shall not exceed fifty thousand dollars ($50.000.00) and includes full
compensation for furnishing all insurance, bonds, licenses, labor, materials, utilities, tools,
equipment and incidentals. and for doing all the work involved in mobilization and preparatory work
and operations, including, but not limited to, those necessary for the movement of personnel,
equipment, supplies, and incidental to preparing to conduct work on and off the project site and
other offsite facilities necessary for work on the project: for all other facilities, sureties, work and
operations which must be performed or costs incurred prior to beginning work on various contract
items on or off the project site, excepting those specifically paid for under separate sections of these
specifications. The Contractor hereby agrees that the stipulated lump sum amount is sufficient for
Mobilization and Preparatory Work, as described in this section, and that the Contractor shall have
no right to additional compensation for Mobilization and Preparatory Work.
Progress payments for Mobilization and Preparatory Work will be made as follows:
01105/99 Page 66 of a4 Pages
For the first progress payment (after the issuance of the Notice to Proceed), forty percent (40%) of
the amount bid for Mobilization And Preparatory Work will be allowed. For the second progress
payment, an additional sixty percent (60%) of the amount bid for mobilization and preparatory work
will be allowed therefor.
Page 67 of 64 Pages
Section
PART 2
Section 200
200-2
Section 201
201-l
Section 207
207-2
207-25 -
Section 212
212-l
Section 2 13
213-2
213-3
SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART 2, CONSTRUCTION MATERIALS
. . Desmatum Paw
CONSTRUCTION MATERIALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ROCK MATERIALS
UNTREATED BASE MATERIALS . . . . . . . . . . . . . . ‘._ . . . . . . . . .._.............._..........................
CONCRETE, MORTAR AND RELATED MATERIALS
PORTLAND CEMENT CONCRETE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PIPE
REINFORCED CONCRETE PIPE.. .............. ....................................................
UNDERGROUND UTILIN MARKING TAPE.. ..................................................
LANDSCAPE MATERIALS
LANDSCAPE MATERIALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ENGINEERING FABRICS
GEOTEXTILES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., . . . . . . . . .
EROSION CONTROL SPECIALTIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
69
69
69
70
70
71
74
74
Page 60 of 04 Pages
SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 2, CONSTRUCTION MATERIALS
SECTION 200 - ROCK MATERIALS
200-l ROCK PRODUCTS
-
-
-
-
-
200-2 UNTREATED BASE MATERIALS
Add the following section:
200-1.2.2 Permeable Material SEE SECTION 68-1.025 CALTRANS SPECS
200-2.1 General. Add the following: Aggregate base shall be crushed aggregate base (Section
200-2.2) crush,ed slag base (Section 200-2.3) or crushed miscellaneous base (Section 200-2.4).
SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS
201-l PORTLAND CEMENT CONCRETE
TABLE 201-l. 1.2(A) Modify as follows:
TABLE 201-l .1.2(A) (3)
PORTLAND CEMENT CONCRETE
Type of Construction I Concrete I Maximum
Slump mm (Inches) (4
200 (8”)
All Concrete Used Within the Right-of-Way
Trench Backfill Slurry
Street Light Foundations and Survey Monuments
Traffic Signal Foundations
Concreted-Rock Erosion Protection
Class
330-C-23
(560-C-3250) (‘)
115-E-3
(190-E-400)
330-C-23
(560-C-3250)
350-C-27
(590-C-3750)
310-c-17
(520-G25OOP)
100 (4”)
100 (4”)
per Table 300-l 1.3.1
(1) Except that concrete required to be of higher strength by Table 201-1.1.2(A) SSPWC shall be as
per Table 201-l. 1.2(A) SSPWC.
(2) As per Table 201-l .1.2(A) SSPWC.
(3) Portions of Table 201-l. 1.2(A) of the Standard Specifications for Public Works Construction not
shown herein as changed are not affected by this table.
201-l .2.4 Chemical Admixtures. (e) Air-entraining Admixtures. Substitute the following: The
air content shall not deviate from the percentage specified or permitted by more than l-1/2 percentage
points. The air content of freshly mixed concrete will be determined by California Test Method No. 504.
01105l99 Page 69 of 64 Pages
SECTION 207 - PIPE
207-2 REINFORCED CONCRETE PIPE.
207-2.5 Joints. Add the following: When watertight joints are indicated on the plans they shall be of
the rubber-gasketed type meeting the requirements of ASTM Standard Specification designations C
361-95 and C 443-94.
Add the following section:
207-25 UNDERGROUND UTILITY MARKING TAPE.
Add the following section:
207-25.1 Detectable Underground Utility Marking Tape: Detectable Underground Utility Marking
Tape shall have a minimum 0.13 mm (0.005”) overall thickness, with no less than a 35 gauge (AWG),
0.14 mm aluminum foil core. The foil must be visible from both sides. The layers shall be laminated
together with the ‘extrusion lamination process, not adhesives. No inks or printing shall extend to the
edges of the tape. All printing shall be encased to avoid ink rub-off. Detectable Underground Utility
Marking Tape shall conform to the properties listed in Tables 207-25(A) and 207-25 (B).
TABLE 207-25.1 (A)
DETECTABLE UNDERGROUND UTILITY MARKING TAPE PROPERTIES
Prooetty
rath
Thickness
Tensile strer
Elongation
Printabilitv
Flexibilitv
Method Value
ASTM D2103 0114 mm (0.0056”)
ASTM D882 4500a/em (25 Ibs/inch) (5.500 PSI)
Inks I Manufacturing specifications 1 Heat-set Mvlex
Messaae repeat 1 Manufacturina soecifications 1 Everv 5 -a- --r--- I - - - ---- -9 -r-- ~~~ . -00 mm(20”)
Foil 1 Manufacturing specifications 1 Dead’ soft/annealed
TOO laver I Manufacturina soecifications I Viroin PET
Bottom laver 1 Manufacturina soecifications 1 Virain LDPE
TABLE 207-25.1(B)
Color I
DETECTABLE UNDERGROUND UTILITY MARKING TAPE COLORS
Utiiitv Marked
Red
Yellow
Orange
Blue
Green
Brown I Force mains.
Purole I Reclaimed water lines.
Electric power, distribution, transmrssion, and municipal electric systems.
Gas and oil distribution and transmission. dangerous materials, product and steam.
Telephone and telegraph systems, police and fire communications, and cable television.
Water systems.
Sanitarv and storm sewer svstems. nonootable.
01 m/99 Page 70 of 84 Pages
-
Add the following section:
207-25.2 Materials Approvals. Detectabk Underground Utility Marking Tape shall meet the
requirements of each of the following agency/association publications.
A. Department of Transportation, Materials Transportation Bureau, Office of Pipeline Safety.
USAS code for pressure piping 831.8, paragraph 192.321 (e).
B. National Transportation Safety Board, Washington, DC, Special Study Prevention of Damage to
Pipelines. Adopted June 7, 1974. Report NTSB-PSS-73-1.
C. American Petroleum Institute (API). Recommended practice for marking buried liquid petroleum
pipelines - APR RP 1109.
D. General Services Administration, Washington, DC, Public Buildings Service Guide Specification
for Mechanical and Electrical Equipment - PBS 4-1501, Amendment 2, Page 501-14, Paragraph 18,
Subparagraph 18.1, Clause 18.1.1.
E. Rural Electrification Authority (REA), U.S. Department of Agriculture. Washington, DC, National
Electrical Safety Code for Underground Construction for remote and immediate hazards.
SECTION 212 - LANDSCAPE AND IRRIGATION MATERIALS
212-l LANDSCAPE MATERIALS.
212-l .2.3 Commercial Fertilizer. add the following: Pre-plant fertilizer shall be granular
commercial fertilizer 7-7-7 or approved equal. Post-plant fertilizer shall be 12-4-6 or approved equal
with Ca, Fe, Zn, and .Mn and with the majority of nitrogen in nonammoniac form to prevent acidification
of soil. Planting tablets shall be compressed fertilizer tablets with a 20-10-5 analysis. Hydroseed
fertilizer shall be long-lasting, controlled-release, plastic-coated, uniform in composition, free-flowing,
suitable for application with approved equipment, and shall contain the minimum available percentages
of nitrogen, phosphoric acid, potash and sulfur required by tables 212-1.2.5.1(A) through 212-1-2-5-
3(A).
212-l .2.4 Organic Soil Amendment. Add the ‘following: For all types of Organic Soil Amendment
mulch materials produced from pine trees grown in Alameda, Monterey, Santa Clara, Santa Cruz or
San Mateo Counties shall not be used in the Work. Type 1A Organic Soil Amendment shall conform to
the requrrements for type 1 Organic Soil Amendment except as modified hereinafter. Type 1A Organic
Soil Amendment shall be a wood or rice residual product derived from the bark of pine, white fir, or red
fir or cedar or redwood shavings or rice hulls. Type 1A Organic Soil Amendment shall be manufactured
from clean wood, free from clods coarse objects and rocks and shall conform to the properties shown
in Table 212-1.2.4(B):
P
P
Page 71 of 84 Pages
2. ., :,:’ “;
Table 212-l .2.4(B)
SOIL AMENDMENT PRdPiRTlES
Property 1 Minimum 1 Maximum
Dry Weight Nitrogen (1)
Dry Weight Passing 25 mm (1”) Sieve 100%
Dry Weight Passing #4 Sieve 95%
Dry Weight Passing #16 Sieve 45%
Dry Weight Passing #30 Sieve 30%
Dry Weight Passing #50 Sieve 0%
Dry Weight Passing #lOO Sieve 0%
Salinity (1)
fl 0.08%
Ash (dry weight basis) 0%
(1)
100%
100%
65%
40%
10%
2%
(1) -I
6.0%
-PH 1 6.0 1 7.0
Wettabilitv I(l) i Ill
(1) (As Required by Table 212-1.2.4(A) SSPWC)
For all types of Organic Soil Amendment the Contractor shall supply the Engineer a sample of the
proposed -amendment accompanied by an analytical analysis from a qualified agricultural laboratory
certifying compliance to the requirements herein. Qualified agricultural laboratories shall have an on-
going quality assurance program that fulfills the requirements of the most recent version of the
“Western States Laboratory Proficiency Testing Program Soil and Plant Analytical Methods”.
Certificates of compliance shall contain a statement attesting that the organic soil amendment meets
the requirements of these specifications and that the testing agricultural laboratory does fulfil1 the
requirements of “Western States Laboratory Proficiency Testing Program Soil and Plant Analytical
Methods”. Said submittal shall be in accordance with Section 2-5.3.3.
212-1.2.5 Mulch for Hydraulic Method Seed Lawn Planting. Add the following: The terms
Hydroseeding and Hydroseed shall be synonymous with Hydraulic for the purposes of Section 212.
Disturbed Areas. Southern Willow Scrub and Riparian Scrub and Upland Transition Zone planting
areas shall be mulched, fertilized and seeded using method 6. Mulch shall be manufactured from
virgin wood cellulose fiber mulch and shall not contain growth or germination inhibitors. When mixed
with water, the mulch shall remain in uniform suspension and when blended with the seed, fertilizer,
and other approved additives. shall form a homogeneous slurry. When applied, the fibers shall form a
moisture absorbing membrane with adequate percolation properties sufficient to allow one hundred
percent of water applied at the rate of 3.1 liters per minute per square meter (0.075 gallons per minute
per square foot) onto a surface inclined at a 2:l (horizontal: vertical) slope to pass through the
membrane. A non-phyto-toxic wetting agent shall be added to the slurry mixture. A water soluble.
non-toxic green dye shall be added in sufficient quantity to clearly delineate the planted areas. When
required, binder shall be added to the slurry mixture and shall be “CPA 4000”, “AZTAC”, “Ecology
Control”, “M-Binder”, or approved equal.
Add the following section:
212-l .2.5.1 Disturbed Area Mulch Fertilizer and Additives. In addition to the seed mtx shown in
the table for Disturbed Areas the slurry mixture shall be applied at the rates shown In Table 212-
1.2.5.1(A)
Table 212-l .2.&l (A)
DISTURBED AREA MULCH FERTILIZER AND ADDITIVES
Component Appiicat on Rate
grams per sq. meter (pounds per acre)
Virgin Wood Cellulose Fiber Mulch 225 (2000)
01105/99 Page 72 of 84 Pages
Binder (1) 7 (60)
Fertilizer (16-20-o) Ammonium 35 (300)
Phosphate Sulfate, Plus 15% Soil Sulfur
Wetting Agent Per Mfg. Recommendation
- \ Green Colorant Per Mfg. Recommendation - (1) Required to be incorporated only when applied between the months of Nov. through Feb.
Add the following section:
212-1.2.6 Herbicides and Pesticides. Shall be used in their appropriate applications with strict
adherence to manufacturer’s specifications and instructions. Postemergent herbicide for all areas shall
be Glyphosate, N-(phosphonomethyl) glycine, in the form of its isopropylamine salt such as Roundup
Pro, Diquat, Montar, or approved equal. Preemergent herbicide for shrubs and groundcover areas
planted from flats shall be Treflan, Surflan, Eptan. or approved equal.
C
-
Add the following section:
212-l .2.7 General Soil Conditioners. Agricultural-grade gypsum shall be a calcium sulfate (CaSO,
H20) product - 94.3 percent. 90 percent shall pass a 50-mesh screen. Control of dust during application
is mandatory.
Iron Sulfate shall be ferrous sulfate in pelletized or granular form containing not less than 20.0 percent
iron expressed as metallic iron. Iron Sulfate pellets shall be of size and gradation such that 98 percent
is retained on a lo-mesh screen.
Add the following section:
212-I .2.7 Stabilizing Emulsion. Stabilizing emulsion shall be a concentrated liquid chemical that
forms a plastic film upon drying and allows water and air to penetrate. The film shall be nonflammable
and shall have an effective life of at least one year. Stabilizing emulsion shall be nontoxic to plant and
animal life and nonthinking to concrete or painted surfaces. In the cured state the stabilizing emulsion
shall not be re-emulsifiable. The material shall be registered with, and licensed by the California,
Department of Food and Agriculture, as an “auxiliary soil chemical”. Stabilizing emulsion shall be
miscible with water at time of mixing and application.
212-l .3 Seed. Add following: The quantity of pure live seed supplied shall meet or exceed the quantity
shown in the specified mixes. Seed shall not contain more than 0.5 percent weed seed by volume
Seed types shall be as specified on the plans and planting legends, and shall be applied at the rates
indicated.
All brand-name, patented seed must be received by Contractor in original manufacturer’s bag. Seed
shall be received by Contractor in separate containers specifying kind, quantity, purity, and
germination. Contractor shall provide the Engineer with each seed bag label used in the Work.
Add the following section:
212-1.3.1 Seed for Disturbed Areas. Hydroseeding mix for Disturbed Areas and for Diegan Costal
Sage Scrub seeded areas shall consist of no less than the seed varieties shown in Table 212-1.3(A).
Table 212-l .3.1(A)
SEED FOR DISTURBED AREAS AND DIEGAN COASTAL SAGE SCRUB AREAS
Seed Variety I Applicat on Rate
r 0 1 to5199 Page 73 of 04 Pages
Add the following section:
212-l .6 Erosion Control Matting. Erosion control matting shall be made of loo-percent-
biodegradable, weed-free wheat straw of thickness and density yielding 270 grams per square meter
(0.50 Ib.lsy) with photodegradable polypropylene netting with a density of 0.89 grams per square meter
(1.64 lb/1000 sy) having an approximate mesh interval of 50 mm x 50 mm (2” x 2”) on each face of the
straw mat. The straw mat shall be sewn together with unidirectional lines of cotton or polypropylene
thread spaced approximately 50 mm (2”) apart. Erosion control matting shall be “North American
Green, DSl50”, “BonTerra S2’, or approved equal.
Add the following section:
212-l .7 Erosion Control Mat Staples. Erosion control mat staples shall be 25 mm x 150 mm (1” x
6”) U-shaped 1 l-gauge mild steel staples.
SECTION 213 - ENGINEERING FABRICS
213-2 GEOTEXTILES.
213-2.1 General. Add the following: Geotextile types shall be used for the applications listed in
Table 213-2.1 (A) and per the soils engineer’s recommedations for slope stability fills.
Table 213-2.1(A)
r
I
GEOTEXTILE APPLICATIONS
Application of Geotextile
Separation of Soil 8 Street Structural Section
Separation of Soil & Subsurface Aggregate Drain
Reinforcement of Street Structural Section
Type Designation
QOWS
180N
2ooWS
Remediation and Separation of Soil
Reinforcement of Soil
Drainaae at the Interface of Soil Structures
270WS
270WS
N/A
Drainaae at the Interface of Soil and Structures I N/A
180N
250N
Rock Slope Protection Fabric for Rock Sizes Below 225 kg (% Ton)
Rock Slope Protection Fabric for Rock Sizes Including & Above 225
kg (% Ton)
Plant Protection Covering
Erosion Control Fence with 14 AWG - 150 mm x 150 mm (6”x6”) Wire
QON
QOWS
& 3 m (10’) Post Spacing
Erosion Control Fence with 1.8 m (6’) Post Spacing & No Wire 2oows
Fencing
Geotextile Fabric Required by Soils Engineer in Stability Fills Tensar UX1400, I Miragrid 5T, or
Eaual
Add the following section:
213-3 EROSION CONTROL SPECIALTIES.
Add the following section:
213-3 Gravel bags. Gravel bags for the use of temporary erosion control shall be burlap type, filled
with no less than 23kg (50 Ibs) of 19 mm (3/du) crushed rock and securely tied closed. Plastic bags are
not acceptable.
OllO5l99 Page 74 of 84 Pages
PART 3 of the
SPFClAL PRO~SlONS
Section . . De=Mum
PART 3 Supplemental Provisions To Standard Specifications For Public Works
Construction Part 3, Construction Methods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Section 300 Earthwork
300-l Clearing And Grubbing
300-2 Unclassified Excavation.
300-3 Structure Excavation And Backfill
300-4 Unclassified Fill
300-9 Geotextiles For Erosion Control And Water Pollution
Control.
Section 303 Concrete And Masonry Construction.
303-l Concrete Structures
303-2 Air-Placed Concrete
Section 306 Underground Conduit Construction
306-l Open Trench Operations
306-5 Abandonment Of Conduits And Structures
306-9 Pedestrian Undercrossings
Section 308 Landscape Installation
308-2 Earthwork And Topsoil Placement
308-4 Planting
308-6 Maintenance And Plant Establishment
h
01/05/99 Page 75 of 84 Pages
SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 3, CONSTRUCTION METHODS
SECTION 300 - EARTHWORK
300-l CLEARING AND GRUBBING.
300-1.1 General. add the following to the third paragraph: During surface clearing operations, the
Contractor shall not cover or bury any plant growth or other objectionable materials. If the Contractor
cannot successfully separate the plant growth from the surface soil and advertently or inadvertently
mixes organic or other objectionable materials with the soil, the soil so contaminated shall be removed
from the site by the Contractor. All costs, if any, associated with removing the soil mixed with organic
or other objectionable materials and importing soil to replace said contaminated soil shall be borne by
the Contractor and no additional payment therefor shall be made to the Contractor.
300-l .l General. add the following to the second paragraph: If the Contractor stockpiles, or otherwise
deposits soil or unclassified excavation materials, it shall clear and grub the area over which stockpiled
soil or unclassified excavation materials are placed.
300-1.3 Removal and Disposal of Materials. add the following: Also included in clearing and
grubbing shall be removal and disposal of existing street poles and lights, metal guard rail, fences,
asphalt concrete and aggregate base, concrete curb and gutter. concrete sidewalk, existing gate,
existing headwalls, rip-rap, traffic signs, and other existing features which interfere with the work.
Whether or not such items are shown on the plans they shall be removed as a part of clearing and
grubbing. Existing underground pipes and conduits that are shown on the plans and designated to be
removed shall be removed as a part of clearing and grubbing.
300-1.4 Payment. modify as follows: Payment for clearing and grubbing shall be made at the
contract lump sum price for clearing and grubbing within the project limits and at stockpile locations
and no other payments will be made.
300-Z UNCLASSIFIED EXCAVATION.
300-2.1 General. add the following: Unclassified excavation shall include salvaging clean,
excavated material and filling areas to the required grades and cross section. Unclassified excavation
shall be utilized onsite to make all fills shown on the plans. Unclassified excavation shall also include
scarification and moisture adjustment and compaction of the top 300 mm (1’) of the subgrade in the
roadway prism in cut areas to 95 percent relative compaction and export of any excess material to a
disposal site or spoil area acquired by the Contractor or shown on the plans.
300-2.2.1 General. add the following to the first paragraph: Such direction may include, but is not
limited to, directing the Contractor to blend, adjust moisture content of, rework, or place unsuitable soils at specific locations or elevations on the site.
0 1105l99 Page 76 of 64 Pages
Add the following section:
300-2.2.3 Compressible Soil. Compressible soils such as existing uncontrolled or consolidated fill,
alluvium, and colluvium may exist within portions of the Project site. Where required by the Engineer,
such compressible soils shall be removed from areas to receive fill or from areas upon which surface
improvements are to be placed. Alluvial and colluvial removal and recompaction shall consist of
excavating, blending and recompacting loose soils in areas that are designated to receive fills. The
existing loose soils shall be removed until a firm unyielding surface is exposed at a depth determined
by the Engineer. If the excavated material contains more water than the optimum moisture content the
Contractor shall blend the wet soil with soils having a lower moisture content and/or spread the
excavated material in a manner that enables the material to dry to optimum moisture content. The cost
of spreading and/or drying shall be included in the contract unit price for removal and recompaction.
The excavated material shall be placed and compacted in accordance with section 3004 of the
specifications except that section 3004.9, Measurement and Payment, shall not apply.
300-2.2.4 Instability of Cuts. Add the following: The Contractor shall remove additional material as
directed by the Engineer to improve the stability of excavated cuts. The removal of such excavated
material shall be paid for at the Contract Unit Price for unclassified excavation unless it i? considered
otherwise unsuitable by the Engineer, in which case it will be paid for in accordance with Subsection /
Q
300-2.5 Slopes. add the following: The hinge points (the top and bottom) of slopes shall be located
within 75 mm (0.25’) of the locations shown on the plans.
300-2.5 Slopes. add the following: after the first sentence of the first paragraph: A slope shall be
defined as any area steeper than four horizontal to one vertical.
300-2.8 Measurement. delete the paragraph 1 and 2 and add the following: All clearing and grubbing,
including the removal of cleared and grubbed materials, must be completed and the resultant surface
made available for measurement by the Engineer prior to the Contractor starting any unclassified
excavation. The Contractor shall notify the Engineer three (3) working days prior to completing
clearing and grubbing and the removal of all deleterious material from the site. The Engineer intends
to schedule and perform field survey and/or aerial photography of the entire site within mys of such
notification. If the Contractor has not removed all deleterious material from the entire site by the day
before the scheduled field work and/or photography, the field work and/or photography will be
cancelled and not rescheduled until the Contractor has completed removing all material from the entire
site. The Contractor shall not be entitled to any additional compensation or extensions in time if the
field work and/or aerial photography is cancelled due to the Contractor not completing clearing and
grubbing and removal operations as scheduled. If the entire site cannot have field work performed
and/or be photographed because of weather, poor visibility or adverse flight conditions the Contractor
will be entitled to a corresponding time extension but not entitled to any additional compensation due to
the delay.
300-2.9 Payment substitute the following: Payment for all unclassified excavation is final and pay will
be made at the unit price bid for unclassified excavation per Section 9-1015 and shall include compensation for excavation, sloping, rounding tops and ends of excavation, matching existing graded
slopes, loading, exporting and disposing of surplus material and unsuitable material shown on the plans or specified herein to be removed. stockpiling., hauling to designated sites, placing and compacting, mixing, salvaging clean and suitable material and filling areas to the required grades and
0110!399 Page 77 of 84 Pages
cross sections. Unclassified fill, slope rounding, all work incidental to Section 3004.8 and construction
of transitions will be paid for as part of unclassified excavation, and no additional payment will be made
therefor.
When required by the plans or specifications the excavation and stockpiling of selected material wit1 be
paid for at the contract unit price for unclassified excavation. Removing such selected material from
the stockpile and placing it in its final position will be included in the contract unit price for unclassified
excavation and no additional compensation for re-excavated material will be allowed therefor.
Payment for Unclassified Excavation shall include costs of surveying and staking, preparation of earthwork quantity reports, placement, compaction, soil remediation, moisture adjustment and water
therefor, rework of compressible soils slope rounding, grading, stockpiling, access road, temporary
detour roads, earthen swales and drainage channels as shown on the drawings or required by the
contract documents.
” “%dd the following section:
300-2.10 Grading Tolerance. Excavated areas other than slopes and subgrade below structures,
within the roadway and sidewalk areas shall.be finished within 30 mm (0.1’) of the grades shown on the
plans. Subgrade tolerances shall conform to the requirements of section 301-I .4 SSPWC.
300-3 STRUCTURE EXCAVATION AND BACKFILL
300-3.1 General. add the following: The Contractor shall excavate to the lines and levels required
and/or shown on the Drawings. The Contractor shall provide all shoring, bracing, cribbing, pumping,
and planking required. The Contractor shall excavate and maintain the bottom of all trenches in a
condition that is level, firm, clean and free from all debris or foreign matter. Excavations shall be kept
free from water at all times. The Contractor shall remove any unsuitable material encountered below
grade as directed by the Engineer
300-3.6 Payment. Add the following: Dewatering shall be paid for as an incidental to unclassified
excavation and no additional compensation will be made therefor. Except for unsuitable materials
removed as part of the clearing and grubbing item unsuitable material encountered below grade will be
paid for at the unit price bid for unclassified excavation.
300-4 UNCLASSIFIED FILL
30042 Preparation of Fill Areas. add the following: Except as provided in section 3004.7,
Compaction, areas proposed for fill (including backfill and scarified ground surfaces) shall be
compacted to no less than 90 percent of maximum dry density as determined in accordance with
ASTM Test Procedure Dl557-91.
30045 Placing Materials for Fills. add the following: Grading shall be performed such that the
upper 900 mm (3’) of fill placed in the roadway pavement area is composed of properly compacted low
expansive soils. The more highly expansive soils shall be placed in the deeper fill areas and properly
compacted. Low expansive soils are defined as those soils that have an Expansion Index of 50 or less
when tested in accordance with 1994 UBC Standard 18-2 as published by the International Conference
of Building Officials. Should insufficient soils meeting the requirement of an expansion index of 50 or
less be present within the limits of work, soils of the least expansion index that are available within the
limits of work shall be incorporated in the upper 900 mm (3’) of fill placed in the roadway.
Rock encountered in the excavation shall be broken into particles of less than 75 mm (3”). Particles
with dimensions greater than 75 mm (3”) shall be uniformly distributed over the area to be filled so that
construction equipment can be operated in such a manner that the larger pieces will be broken into
smaller particles and become incorporated with the other materials in the layer. This requirement for
0 1105I99 Page 78 of 84 Pages
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particle size reduction does not apply to cobbles. small boulders, and small hard rocks found within the
surface soils and formational materials. Rocks having any dimension greater than 460mm (18”) shall
not be incorporated into the fill. Rock exceeding 150 mm (6’) in diameter shall not be placed in the
upper 900 mm (3’) of any fill. When there are large quantities of rock to be placed in the fill, rocks shall
not be nested, but shall be spread with sufficient room between them so that intervening voids can be
adequately filled with fine material to form a dense, compact mass. Oversize material which cannot be
utilized for erosion mitigation or landscaping onsite shall be broken to acceptable sizes or removed
from the site by the Contractor. If disposed of within the City of Carlsbad. a separate grading permit
will be required for disposal of rock.
3004.51 Embankment Surcharges. add the following: Embankment surcharges include all the
work necessary to place the .surcharge material per the plans and specifications and remove the
surcharge material at a time directed by the Engineer per the plans and specifications. The surcharge
shall be constructed to the height and to the limits shown or specified.
3004.6’ Application of Water. add the following: All fill soil shall be placed at a moisture content no
less than one (1) percent below optimum moisture as determined by ASTM test D-l 557-91.
9 ‘9
364.7 Compaction.
I’ add the following: Fill soils placed within the top- of roadway
subgrade shall be compacted to a minimum of 95 percent relative compaction. On all areas to
eventaully receive planting, the top 150 mm (6”) shall be compacted to 85%, +2% -5%, to allow for
plant growth. H?&&pl yb #-emu fiy ;a ”
Surcharge material shall be placed in uniform layers and shall be compacted by routing the grading
equipment over the full width of the embankment. Following removal of surcharge material above the
grading plane, the embankment below the design grading plane shall conform to the relative
compaction requirements in this section.
Add the following section:
3004.7.1 Settlement Period. Where a surcharge embankment settlement period is provided for in
these special provisions, the surcharge shall remain in place until the Engineer determines the
settlement period is complete. No improvements shall be constructed in the surchage area until the
settlement period is complete except for the following:
3. 36” RCP at station 36+33 +/-
The approximate duration of the required settlement period at each location will be provided for in
Table 3004.7.1 (A). Where settlement periods are required, embankments and surcharge
embankments shall not encroach upon traveled ways nor upon existing improvements that are subject
to damage, and if necessary, the Contractor shall furnish and install bulkheads or whatever means
may be necessary to retain the embankment material as provided in Section 300-I .2 o fhte SSPWC
“Preservation of Property.”
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TABLE 3004.7.1 (A)
EMBANKMENT SURCHARGE SETTLEMENT PERIODS
Surcharge Area Station Surcharge Elevation Duration
Number 1 13+70 to 19+20 68.0 feet 100 Days
Number 2 35+10 to 37+35 117.2 feet 100 Days
NOTE (1): The duration of the required settlement period at each location will be determined by the
01105f99 Page 79 of M Pages
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Engineer. The estimated duration of the settlement periods is listed in the tables of settlement data.
The Engineer may order an increase or decrease in any estimated settlement period. Such increase
or decrease in any settlement period will result in an increase or decrease in the number of working
days allowed for the completion of the Work if the settlement period involved is considered to be the
current controlling operation. The current controlling operation or operations is to be construed to
include any feature of the work (e.g., an operation or activity, or a settlement or curing period)
considered at the time by the Engineer, which, if delayed or prolonged, will delay the time of completion
of the Contract. Neither the Contractor nor the Agency will be entitled to any compensation other than
an adjustment of Contract time due to increases or decreases in the settlement periods. T-7
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30047.2 Settlement Monitoring Program. add the following: The m shall place
7 settlement monuments in Surcharge Area 1 and 5 settlement monuments in Surcharge Area 2 per
the direction of the Engineer at the completion of placing the surcharge material. The settlement of the
monuments will be monitored by the Engineer.
3004.8 Slopes. add the following: Feathering of fill over the tops of slopes will not be permitted. The
face of fill slopes shall be compacted with a sheep’s foot roller at vertical intervals no greater than 600
mm (2’) or shall be built and cut back to finish grade. In addition, if not over built and cut back, the face
of the slope shall be track walked upon completion.
3004.9 Measurement and Payment. delete and substitute the following: Unclassified fill, grading,
shaping, compacting or consolidating, slope rounding, construction of transitions and all work included
in and incidental to Section 3004, “Unclassified Fill” (excepting Section 3004.51, “Embankment
Surcharges”) will be paid for as a part of unclassified excavation, and no additional payment will be made therefor.
Embankment surcharge placement, removal, grading, shaping, compacting or consolidating, moisture
conditioning and all work incidental to Section 3004.5.1, “Embankment Surcharges” will be paid for as
part of the unit price for embankment surcharge and no additional payment will be made therefor.
300-9 GEOTEXTILES FOR EROSION CONTROL. Modify as follows: 300-9 GEOTEXTILES FOR
EROSION CONTROL AND WATER POLLUTION CONTROL.
Add the following section:
300-9.2 General. Erosion control and water pollution control shall conform to the requirements
shown on the plans, specified herein, and as elsewhere required by the Contract Documents. Erosion
control and water pollution control shall include the work specified herein, and such additional
measures, as may be directed by the Engineer, to meet Best Management Practices, as defined
herein, and to properly control erosion and storm water damage of the limits of work and construction
impacts upon areas receiving drainage flows from within the limits of work.
Add the following section:
300-9.2.1 Grading Controls. The Contractor shall protect all areas that have been graded and/or
cleared and grubbed as well as areas that have not been graded and/or cleared and grubbed within the
limits of work from erosion. The Contractor shall provide temporary earth berms, gravel bags, sitt
fences, stabilized construction entrances and similar measures, coordinated with its construction
procedures, as necessary and as shown on the plans to control on site and off site erosion during the
construction period. The Contractor will be required to protect areas which have been cleared and
grubbed prtor to excavation or embankment operations, and which are subject to runoff dunng the
duration of the contract. The criteria used to determine the appropriate erosion control measures shall
be the “Best Management
Water Best Management
Storm Water Quality Task
Practices”, hereinafter BMP, defined and described in the, “California Storm
Handbook, Construction Activity”. March 1993 editionas published by the
Force. The Contractor shall maintain a copy of the “California Storm Water
Q1lcw99 Page 80 of 84 Pages
Best Management Handbook, Construction Activity”, March 1993 edition on the project site and shall
conduct its operations in conformity to said Handbook.
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Temporary erosion control measures provided by the Contractor shall include, but not be limited to, the
following:
a) Embankment areas, while being brought up to grade and during periods of completion prior to final
roadbed construction, shall be graded so as to direct runoff into impoundment areas within the limits
of work where such runoff shall have pollutants removed by BMP methods .
b) The Contractor shall provide protection by BMP measures to eliminate erosion and the siltation of
downstream facilities and adjacent areas. These measures shall include, but shall not be limited to:
temporary down drains, either in the form of pipes or paved ditches with protected outfall berms;
graded berms around areas to eliminate erosion of embankment slopes by surface runoff: confined
ponding areas to desilt runoff: and to desilt runoff.
c) Excavation areas, while being brought to grade, shall be protected from erosion and the resulting
siltation of downstream facilities and adjacent areas by the use of BMP measures . These measures
shall include, but shall not be limited to, methods shown on the plans and described herein.
Add the following section:
300-9.2.2 Payment. Full compensation for performing erosion control and water pollution control,
conforming to the operational requirements herein, of the BMP and conforming to the requirements of
the Federal Water Pollution Control Act, including the latest amendments thereto, which is not a part of
the planned permanent work or included as a separate bid item shall be considered as included in the
contract price bid for unclassified excavation, and no additional compensation will be allowed therefor.
SECTION 303 CONCRETE AND MASONRY CONSTRUCTION.
303-l CONCRETE STRUCTURES
- 303-1.6.2 Falsework Design. add the following: Temporary bracing shall be provided, as
necessary, to withstand all imposed loads during erection, construction, and removal of any falsework.
The falsework drawings shall show provisions for such temporary bracing or methods to be used to
conform to this requirement during each phase of erection and removal. Wind loads shall be included
in the design of such bracing or methods. Camber strips shall be used where directed by the engineer
to compensate for falsework deflections, vertical alignment, and anticipated falsework deflection. The
Contractor will furnish calculations substantiating the amount of camber to be used in constructing the
falsework.
Add the following section:
303-1.9.5 Surface Finish for Concrete Spillway. Surface finish for concrete spillway shall be
provided to prevent the use of rollerblades. skateboards, and other rolling devices. Surface finish shall
be a rough rake finish approved by the engineer.
303-2 AIR-PLACED CONCRETE.
- 303-2.1.1 General. add the following: .Modify Regional Standard Drawing D-75 as follows: replace
stucco netting with 150mm x 150mm (6” x 6”) by No. 10 by No. 10 welded wire mesh.
Add the following section:
SECTION 306 - UNDERGROUND CONDUIT CONSTRUCTION
-,- 306-l OPEN TRENCH OPERATIONS
P 0 1 Km99 Page 81 of 84 Pages
306-1.2.4 Field Jointing of Reinforced Concrete Pipe. add the following: Gasket-type joints for
reinforced concrete pipe (watertight joints) shall be provided where indicated on plans.
306-1.3.1 General. add the following: Detectable underground utility marking tape shall be installed
230 mm to 75 mm (9” to 3”) above each or, in the case of bundled underground conduit of the same
type, the upper underground conduit being installed by the open trench method. The type and color of
detectable underground utility marking tape shall conform to the requirements of section 207-25 et seq.
306-1.3.4 Compaction Requirements. delete Section 306-l .3.4 and replace with the following:
Trench backfill shall be densified to a minimum of 90 percent relative compaction except that in the top
300 mm (12”) of the street right-of-way, compaction shall be 95 percent.
306-5 Abandonment of Conduits and Structures. Add the following: Unless otherwise noted on
plans, all existing abandoned pipelines and conduits of any type or use and pipelines and conduits of
any type or use that are abandoned during the course of the work are to be removed and replaced with
properly compacted soils. Payment for removal and disposal of abandoned utilities shall be included in
the lump-sum bid for Clearing and Grubbing, and no additional payment will be made.
/-,I ” 306-9 Pedestrian Undercrossings. Add the following: Pedestrian undercrossing precast segments
will be provided by the City of Carlsbad and placed in the trench by the manuW&rer. All other work
and-materials including but not limited to trenching, backfilling, compacting, placing of bedding, shoring,
trench safety devices, dewatering, cast in place headwalls, gates, select bedding, concrete, reinforcing,
forms, included in and incidental to this section will be paid for as part of the lump sum price for
pedestrian undercrossings and no additional payment will be made therefor.
The Contractor shall coordinate with the Engineer to facilitate advance ordering and timely delivery of
the precast segments to correspond with the construction schedule provided by the Contractor. The
Contractor shall coordinate with the manufacturer for delivery and installation in the field.
SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATION
308-2 EARTHWORK AND TOPSOIL PLACEMENT
308-2.3.2 Fertilization and Conditioning Procedures. add the following: The Contractor shall
cultivate the surface of all areas to be hydroseeded by discing, npping or scarifying the finish grade.
After cultivation the planting areas shall be cleared of stones to the depth of cultivation and shall be
raked to a smooth friable and plantable surface. Ail hydroseed areas, except slopes steeper than 3-
l/2:1 (horizontal to vertical), shall be cultivated to a depth of 300 mm (12”). The hydroseed areas that
are slopes steeper than 3-l/2:1, shall be cultivated to a depth of 150 mm (6”). Prior to the start of any
planting or application of hydroseed slurry the surface and root area shall be thoroughly moistened.
The Contractor shall certify, in writing, that the ground surface has been prepared in accordance with
this section and shall request inspection by the Engrneer prior to any seeding. The Contractor shall
obtain the Engineer’s approval before any planting or hydroseeding.
308-2.4 Finish Grading.. add following: The finish grade in hydroseed slope areas shall have
moderately rough texture to provide a suitable surface for adherence of the hydroseed mix.
308-4 PLANTING.
30848.2(b) Method B. add the foiiowlng:
Slurry preparation shall take place at the job site. Slurry additives shall arrive at the site in bags sealed
and properly identified by the manufacturer. All specified additives shall be at the rates specified and
shall be thoroughly mixed. Seed shall be added to the slurry after the fiber mulch has been thoroughly
01/05t99 Page 82 of 84 Pages
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incorporated. Seed shall remain in the mixing tank for a period not greater than 60 minutes.
Spray all areas with a uniform, visible coat using the green color of the mulch as a guide. The slurry
shall be applied in a sweeping motion, in an arched stream so as to fall like rain allowing the mulch
fibers to built on each other until a good coat is achieved and the material is spread, evenly, at the
required rate per acre. The applicator shall use care not to drag spray hoses over container planted
material and shall attempt to spray from the edges of the planting areas wherever possible.
Any slurry mixture which has not been applied to the planting areas within four (4) hours after mixing
will be rejected and removed from the project at the Contractots expense. Any slurry spilled into areas
outside the limits of work shall be cleaned up at the Contractor’s expense to the satisfaction of the
Engineer. The Contractor shall assure that the site is properly prepared. The Contractor shall repair
all tire ruts created by the equipment. Areas needing grading repair prior to hydroseeding shall be
blended and floated to match-surrounding grades. Areas having less than 80% plant coverage within
thirty (30) days after the initial application shall be reseeded every twenty (20) days until 80% of the
ground surface is evenly covered by hydroseeded or subsequently reseeded growth.
Add the following section:
308-4.8.3.1 Weed Eradication. Water all irrigated areas to be hydroseeded for three (3) weeks prior
to hydroseeding to allow for germination of the weed seeds. Then spray all weeds with a post
emergent herbicide. Wait two (2) weeks, then eradicate the weeds prior to the application of the
hydroseed mixes. Areas shall be inspected and deemed to be in an acceptable condition by the
Engineer prior to hydroseeding.
Add the following section,
308410 Erosion Control Matting Installation
Add the following section,
308410.1 General. Before installation of erosion control matting all soil preparation, fine grading, and
C hydroseeding of the areas to receive erosion control matting shall be completed.
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Add the following section:
308410.2 Coordination with Hydroseeding. Erosion control matting shall be installed
immediately after the first application of hydroseed materials. In all cases the erosion control matting
shall be placed within three days after the first hydroseed material application. Should any seed in the
hydroseed materials begin to germinate within the three-day period after application or before the
installation of the erosion control matting, the installation of the erosion control matting shall be
considered as late and the Contractor shall disc the hydroseed materials into the top 1OOm (4”) of the
underlying soil, condition the soil for hydroseeding, apply hydroseeding materials at the rates and of
the type specified and then install the erosion control matting. No additional payment will be made for
second or subsequent hydroseed applications resulting from late installation of erosion control matting.
Add the following section:
308410.3 installation. Erosion control matting shall be installed using the following techniques:
Begin at the top of the slope by placing the erosion control matting into a 150 mm (6”) wide by 150 mm
(6”) deep trench with the end of the matting lard flat in the bottom of the trench and anchoring the end
of the erosion control matting with erosion control mat staples spaced no more than 300 mm (12”) on
centers placed at the intersection of the bottom and the downhill vertical face of the trench.
Roll the erosion control matting down the slope.
Staple the erosion control matting on an alternating grid consisting of three across and two across lines
of staples in horizontal lines spaced 900mm (3’) on centers. Erosion control mat so stapled shall be
spaced such that no less than 1 3/4 staples per square meter (1% stapies per square yard) are provided
to anchor the erosion control matting. - Start the adjacent erosion control mat as in Item 1 of this section overlapping the previously placed
mat by no less than 50 mm (2”). Staple placement may be such as to use the staples used to secure
Q11w99 Page 83 of 84 Pages
the adjacent mat to secure both mats along their edges.
308-6 MAINTENANCE AND PLANT ESTABLISHMENT. Modify as follows: For hydroseeded
areas the maintenance period shall be a minimum of 30 days or until final acceptance of the project.
whichever is the greater. Mowing is not required for hydroseeded areas. The Contractor shall provide
complete landscape maintenance of all hydroseeded areas. The work shall include, but not be limited to,
watering, litter control. weed control, cultivating, and control of diseases and pests. The Contractor shall
submit a written plan to control weeds, disease, and pest infestations in the hydroseeded areas. The
submittal shall conform to the requirements for shop drawings as specified in section 2-5.3 et seq. of the
specifications. The Engineer shall approve all methods and materials for such control. Upon approval.
the Contractor shall implement the control measures. exercising extreme caution in using pesticides and
taking all steps to ensure the safety of the public. Only licensed personnel will be permitted to perform
toxic spraying work. During the plant establishment period, the Contractor shall furnish sufficient workers
and equipment on a daily basis to perform the work required by this section. Any day when the
Contractor fails to adequately carry out specified maintenance work, as determined necessary by the
Engineer, will not be credited as one of the plant establishment days. All planting areas which are
damaged by construction shall be repaired by the Contractor within twenty (20) days following completion
of construction in such. The Contractor shall repair such damaged areas. The repair shall consist of
bringing the damaged area back to final grade, preparing the soil, replanting the area with the same
vegetation as originally specified, and maintaining the area to achieve acceptable plant establishment.
Q11Q5199 Page 84 of84 Pages
P
APPENDIX A
COASTAL DEVELOPMENT PERMIT
The City of ‘Carlsbad Planning Department
Item No. 2 0
Application complete date: May 26, 1996
P.C. AGENDA OF: January 6,1999 Project Planner: Cbrister Wcsmtan
Project Engineer Shmi Howard
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SUBJECT: AY WAD DON - Request for approval of a
Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program
and Coastal Development Permit to allow improvement of the 5,400 foot
extension of Faraday Avenue from its existing terminus to future Cannon Road in
Local Facilities Management Zone 8. e
1. RECOMMENDATION
That the Planning Commission ADOn Planning Commission Resolution No. 4450
APPROVING a Mitigated Negative Declaration, and Mitigation Monitoring and Reporting
Program, and ADOPT Planning Commission Resolution No. 4451 BEPROVING CDP 98-39
based upon the findings and subject to the conditions contained therein.
II. INTROI)UCTION
The improvement to Faraday Avenue is a City Capital Improvement Project. Because the road
segment is located within the Coastal Zone and the Mello II segment Carlsbad Local Coastal
Program, a City of Carlsbad issued Coastal Development Permit is required. The area of
construction is within 100 feet of a wetland and stream and is therefore in the Coastal
Commission appeal area.
III. PROJECT DESCRWYIoN AND BA~KGROWJ2
The project is construction of Faraday Avenue for approximately 5,400 linear feet as shown on
the location map. The improvements include the road, sidewalks on the east side, two pedestrian
under passes, a landscaped median and adjacent grading. Faraday Avenue is designed so that the
roadway is split and at two elevations. The travelway heading towards Cannon Road and
adjacent to the future Veteran’s Memorial Park is at a higher elevation than the travelway
adjacent to the future Carlsbad Municipal Golf Course. The median will therefore be sloped in
some areas. The roadway will also carry a 12” water, reclaimed water, and sewer lines. The
sewer line will be in the south iane and water and reclaimed water in the north.
IV. ,4NALYS&
Construction of the improvements to Faraday Avenue are consistent with the Circulation
Element of the General Plan and is therefore consistent with the Local Coastal Program’s
CDP 98-39 - FARADAY ROAD EXTENSION
JANUARY 6,1999
designation for land use. Improvement of the right-of-way implements the goal of the circulation
element for Faraday Avenue to be improved as a collector street.
The road improvements will not obstruct views or otherwise damage the visual beauty of the
coastal zone in that there are no significant visual resources associated with the area of
disturbance. The road aligmnent primarily passes through agricultural land, with relatively
minor impacts to wildlife habitat. A total of six acres of coastal sage scrub will be impacted.
The six acres can be effectively replaced on-site or through purchase of off-site credits in the
Carlsbad Highlands Mitigation Bank. The agticulmral area is not designated as significant. The
project will completely avoid impacts to wetlands.
There are no geologic instability issues existing onsite. The project will implement the City’s
Master Drainage and Storm Water Quality Management Plan as well as the City’s grading
ordinance to avoid increased runoff and soil erosion.
An analysis of the site was conducted and significant but mitigable impacts were identified. A
Mitigated Negative Declaration was issued by the Platming Director and published for public
comment dated July 2, 1998. Direct impacts were identified to disturbed coastal sage scrub.
Applicable wildlife agency permits will be required. There will be no impacts to wetlands. The
project is subject to mitigation measures as described in the Mitigated Negative Declaration and
the Mitigation Monitoring and Reporting Program.
ATTACHMENTS:
1. Planning Commission Resolution No. 4450 (Neg. Dec.)
2. Planning Commission Resolution No. 4451 (CDP)
3. Location Map
4. Exhibit “A” dated January 6, 1999
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G CoVEESOLUTION
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
MITIGATED NEGATIVE DECLARATION AND MITIGATION
MONITORING AND REPORTING PROGRAM TO ALLOW
FOR THE EXTENSION OF FARADAY FROM ITS EXISTING
TERMINUS TO FUTURE CANNON ROAD IN LOCAL
FACILITIES MANAGEMENT ZONE 8.
CASE NAME: FARADAY ROAD EXTENSION
ENO.. . P 98-39
WHEREAS, the City of Carlsbad, “‘Developer”, has filed a verified application
regarding property which consists of Faraday Road Right-of-Way (“the Property’*); and
WHEREAS, the Planning Commission did on the 6th day of January, 1999, hold
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, examining the initial study, analyzing the information submitted by staff, and
considering any written comments received, the Planning Commission considered all factors
relating to the Negative Declaration. .
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Planning
Commission hereby APPROVES the Mitigated Negative Declaration and
Mitigation and Monitoring and Reporting Program according to Exhibit “ND”
dated July 2, 1998, and “PXI” dated May 29, 1998, attached hereto and made a
part hereof, based on the following findings:
Findings:
I. The Planning Commission of the City of Carlsbad has reviewed, analyzed and considered
the Mitigated Negative Declaration, the environmental impacts therein identified for this
project and said comments thereon, and the Mitigation Monitoring and Reporting
Program, on file in the Planning Department, prior to approving the project. Based on
the EIA Part II and comments thereon, the Planning Commission finds that there is no
substantial evidence the project will have a significant effect on the environment and
hereby APPROVES the Mitigated Negative Declaration and Mitigation hlonitorin:
and Reporting Program.
3 L. The Planning Commission does hereby find that the Mitigated Negative Declaration and ,
Mitigation Monitoring and Reporting Program have been prepared in accordance with 1
requirements of the Caiifornia Environmental Quality Act, the State Guidelines and the
Environmental Protection Procedures of the City of Carlsbad. 1
3. The Planning Commission finds that the Mitigated Negative Declaration reflects the
independent judgment of the Planning Commission of the City of Carlsbad.
: 1 1. The project is subject to the mitigation measures listed in tbe Environmental Impact
Assessment Part II for the Faraday Road extension project dated June, 1998 and the
Developer shall implement, or cause the implementation of, the Project Mitigation I
Monitoring and Reporting Program.
I
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning 1
Commission of the City of Carlsbad, California, held on the 6th day of January 1999, by t
I following vote, to wit:
AYES: I
NOES:
ABSENT:
ABSTAIN:
BAILEY NOBLE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMILLER
Planning Director
PC RESO NO. 4450 -2-
0 Notice of Determination * 900489
To: cl Office of Planning and Research From: CITY OF CARLSBAD
1400 Tenth Street, Room 12 1 Planning Department
Sacramento, CA 958 14 F [ k E D2075 Las Paimas Drive
QrroDy J. smm. McNnrly ‘%arlsbad, CA 92009
Ix] County Clerk SEP 2s ~a0 (760) 438-l 161
County of San Diego =I%- Mailstop 833, Attn: MITA By-
PO Box 1750
San Diego, CA 921124147
Project No: CDP 98-39
Filing ‘of Notice of Determination in compliance with Section 21108 or 21152 of the Public
Resources Code.
Agreement for Design Services for Faraday Avenue Extension
Project Title
State Clearinghouse No.
City of Carlsbad, Christer Westman (760) 438-l 161 ext.4448
Lead Agency, Contact Person Telephone Number
From the existing terminus in Carlsbad Research Center Unit V to the intersection with Cannon
Road.
Project Locations (include County)
Project Description: Contract for the design of Cannon Road extension.
This is to advise that the City of Carlsbad has approved the above described project on
September 8, 1998, and has made the following determination regarding the above described
project.
1.
2.
The project will not have a significant effect on the environment
A Mitigated Negative Declaration was prepared for this project pursuant to the provisions
of CEQA.
3. Mitigation measures were made a condition of the approval of the project.
4. A statement of Overriding Considerations was not adopted for this project.
5. Findings were made pursuant to the provisions of CEQA.
This is to certify that the final Mitigated Negative Declaration with comments and responses
rind record of project approval is available to the General Public at THE CITY OF CARLSBAD.
: : A;:\ J-T!;:t-;CJ fJj\.ij~‘!‘-y’ (,N- SEP 2 5 1998
Date received for tiling at OPR: : ,. j sEP 2 5 tq9’ -___ f;:Eg(j‘Jy:“? NT 2 -58 _-_.- -..--. -
; .:‘. _..., i* I,..‘. . . ._ I’ of; ____ ocr 2 fl ‘99* _ _. ___ -_. ____-- - -. - - :
1 ~;!~y!~l’~~‘i’ 5- Rcvisctl Ochhrr IWV _-_ _--.--- _.--_- ..-.. __ _- _. __-..---.-- i
City of Carlsbad
,
GATEDNEGATIVFiDECLAIW'flO~
Project Address/Location: South of funnc Cannon Road and north of the existing terminus of
Faraday Avenue.
Project Description: The constrW.ion of a 5,400 foot segment of Faraday Avenue in a
split alignment.
Tbe City of Carlsbad has conducted an environmental review of the above described prqiect
pursuant to the Guidelines for Implementation of the California Environmental Quality Act and
fhe Environmental Protection Ordinance of the City of Carl&ad. As a result of said review. a
Mitigated Negative Declaration (declaration that the project will not have a significant impact on
the environment with mitigation) is hereby issued for the subject project. Justification for this
action is on file in the Planning Department.
A copy of the Mitigated Negative Declaration with supportive documents is on file in- the
Planning Department, 2075 Las Palmas Drive, Carlsbad. California 92009. Comments from the
public are invited. Please submit comments in writing to the Planning Department within 20
days of date of issuance. If you have any questions, please call Christer Westman in the
Planning Department at (760) 4!8-1161. extension 4448.
DATED: JULY 2.1998
CASE NO: CDP 98-39
CASE NAME: FARADAY ROAD EXTENSION
PUBLISH DATE: . JULY 2. 1998
MICHAEL J. HODMILkER
Planning Director
2075 La Palmas Dr. - Cartsbad. CA 92009-1576 - (760) 436-l 161 - FAX (760) 436-0894
-
-
E~O~~~ IMPACT ASSESSMENT FORM - PARI- II
CASE NO:
DATE: Mav 29. 1998
BACKGROUND
1. CASE NAME: Faradav Avenue
2. APPLICANT: Ciw of CarIsbad/Sherri Howatd
3. ADDRESS AND PHONE NUMBER OF APPLICANT 2075 Las Palm&(7601 438-l 16 1 ext. 4427
4. DATE EIA FORM PART I SUBMITTED:
5. PROJECTDESCRIPTION: SeePane 3 ’
SUMMARY 0;FENVIRONMENTALFACTGRSPG TEITIUUYAFFECTED:
The summary of environmental factors checked below would be potentially afkted by this project.
involving at least one impact that is a “Potentially Significant Impa@” or “Potentially Significant Impact
Unless Mitigation Incorporated” as indicated by the checkhst on the following pages.
0 Land Use and Planning ,- El Transportation/Circulation 0 Public Services
0 Population and Housing q Biological Resources [7 Utilities & Service Systems
q ” Geological Problems 0 Energy & Mineral Resources 0 Aesthetics
lxl Water cl Hazards Ix1 Cultural Resources
0 Air Quality III Noise u Recreation
[XI Mandatory Findings of Significance
Faraday Aveme Roadway Ertcnrion
Drofr Mitigated Negative Declmorion 13 City of Cudsbud
June 1998 -
DElERMINATION.
(To be completed by the Lead Agency)
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I find that the proposed project COULD NOT have a significant effect on the
environment, and a NEGAm DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on tbe
e~~vkonmen& there wiIl not be a significant efFect in this case because the mitigation
measures described on an attached sheet have been added to the project. A NEGATIVE
DECLARATION will be pnparr&
I find that the proposed project MAY have a significant effect on the environment. and an
ENVIRONMENTALIMPACTREPORTisrequired.
I find that the proposed project MAY have significant d%ct(s) on the environment but at
least one potentially significant effect 1) has been adequately analyzed in an earlier
document pursum t to applicable legal standards, and 2) has been addressed by mitigation
measuresbasedontheearIieraualyaisasdescribcdonatta&edsheets. AnEIRis
required, but it must analyse only the e%cts that remaintobeaddresscd.
I find that although the proposed project could have a significant effect on the
environment, there WILL NOT be a significant effect in this case because all potentially
significant effects (a) have been anal* adequately in an earlier EIR pursuant - to
applicable standards and (b) have been voided or mitigated pursuant to that earlier EIR,
including revisions or mitigation measures that are imposed upon the proposed project.
Therefore, a Notice of Prior Compliance has been prepued.
Planner Signature
Christer Westman
&40/~~ Date
lplz4/9$3
Date I
Michael Holzmiller
Far& Avenue Roadwqy Extendon
Drafi Mitigated Negative Lkclaration
14 Civ of Gdsbtni
Jatme 1998
RONIdI3JTA-L IMPACTS
- -
STATE CEQA GUIDELINES, Chapter 3, Artkle 5, Section 15063 requires that the CiQ
conduct an Environmental Impact Assessment to determine if a project may have a significant
effect on the environment. The Environmemal Impact Assessment appears in the following
pages in the form of a checklist. This checklist identifies any physical. biological and human
factors that might be impacted by the proposed project and provides the City with information to
use as the basis for deciding whether to Prepare an Environmental Impact Report (EIR). Negative
Declaration, or to rely on a previously approved EIR or Negative Declaration.
-
-
0 A brief explanation is required for all answers except “No Impact” answers that are
adequately supported by an information source cited in the parentheses following each
question. A “No Impact” answer is adquately supported if the refmnced information
sources show that the impact simply~does not apply to projects Iie the one involved. A
“No Impact” answer should be explained when there is no source document to refer to, or
it is based on project-specific factors as well as general standards.
0 “Less Than Sign&ant Impact” applies where there is supporting evidence that the
potential impact is not adversely significant, and the impact does not exceed adopted
general standards and policies.
l “Potentially Significant Unless Mitigation Incorporated” applies where the incorporation
of mitigation measures has reduced an effect from “Potentially Significant Impact” to a
“Less Than Significant Impact.” The developer must agree to the mitigation, and the
City must describe the mitigation measures, and briefly explain how they reduce the
effect to a less than significant level.
0 “Potentially Significant Impact” is appropriate if there is substantial evidence that an
effect is significant.
a Based on an “EIA-Part II”, if a proposed project could have a potentially significant
effect on the environment, but @J potentially significant effects (a) have been analyzed
adequately in an earlier EIR or Mitigated,Negative Declaration pursuant to applicable
standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated
Negative Declaration, including revisions or mitigation measures that are imposed upon
the proposed project, and none of the circumstances requiring a supplement to or
supplemental EIR are present and all the mitigation measures required by the prior
environmental document have been incorporated into this project, then no additional
environmental document is required (Prior Compliance).
l When “Potentially Significant Impact” is checked the project is not necessarily required - to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR
pursuant to applicable standards and the effect will be mitigated, or a “Statement of
Overriding Considerations” has been made pursuant to that earlier EIR.
a A Negative Declaration may be prepared if the City perceives no substantial evidence that F the project or any of its aspects may cause a significant effect on the environment.
Far& Avenue Roadway Extenrion I5 City 0fCrvrsbod - - Draji Mitigated Negative Declaration June 1998
If there are one or more potet~tidly significant ef%ts, the City may avoid preparing ‘an
EIR ifthm are mitigation measures to clearly hducc impacts to 1~s~ than significant. and
those mitigation measures are agreed to by the developer prior to public review. in this
case, the appropriate “Potentially Significant Impact Unless Mitigation incorporated”
may be checked and a Mitigated Negative Declaration may be prepared.
0 An EIR mast be prepared if ‘Tote&ally Si@ificant Impact” is checked. and including
but not limited to the foIlowing e: (I) the potentially significant effect has
not been discussed or mitigated in an Earlier EIR pursUan t to applicable standards. and
the developer does not agree to mitigation measures that reduce the impact to less than
significant; (2) a “Sta&mcnt of Overriding ConsiderationsW for the significant impact has
not been made pursuant to an earlier EIR; (3) pmposed mitigation measures do not reduce
the impact to less than sigr&za& Or, (4) through the EJA-Part II analysis it is not
possible to determint the level of significance for a potentially adverse effect, or
determine the &ctivencss of a mitigation measure in reducing a potentially significant
effect to below a level of signi&ancc.
Ad&ussionofpotexWimpactsandthepmposedmitigation -appearsattheendofthe
form under DISCUmmAL EVALUATION . Particular attention should be given to discussing mitigation for impacts which would otherwise be determined
significant.
Faraaky Avenue Rwhvqv Euemion
Drafi Mitigated Negative Lkcioration
16 City of Gzrlsbad * June 1998
Issues (and Support& information Sources).
1. LAND USE AND PLANNING. Would the pmposak.
a)
b)
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d)
Confiiiwithgcneralplandl!a@uionorzoning?
(source w:
Conflict with applicabk a1~ent8l plans or
poiicies adopted by agencies with jurisdiction over the
project?
Be incompatible with existing land use in the vicinity?
Affect agricultural resources or operations (e.g. impacts
to soils or farmlands, or impacts fkom incompatible
land uses?
Disrupt or divide the physical amngunant of an
established communiry (including a low-income or
minority community)?
II. POPULATION AND HOUSING. Would the pmposal:
a) Cumulatively exceed official regional or local
population projections?
b) lnducesubstantialgrowthinanareaeitbadimctlyor
indirectly (e.g. througl~ projects in an undeveloped area
or extension of major i&asnucture)?
c) Displace existing housing, especially affordable
housing?
-
III. GEOLOGIC PROBLEMS. Would the proposal result in or
a)
b)
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d)
e)
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8)
h)
0
expose people to potential impacts invOlving:
Fault rupture?
Seismic ground shaking?
Seismic ground failure, including liquefaction?
Seiche, tsunami, or volcanic hazard?
Landslides or mudflows?
Erosion, changes in topography or unstable soil
conditions from excavation, grading, or fill?
Subsidence of the land?
Expansive soils?
Unique geologic or physical features?
IV. WATER. Would the proposal result in:
a)
b)
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Changes in absorption rates, drainage patterns, or the
rate and amount of surface runoff?
Exposure of people or pmperty to water related hazards
such as flooding?
Discharge into surface waters or other alteration of
surface water quality (e.g. temperature, dissolved
oxygen or turbidity)?
Signifiati lmprn
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Far+ Avenue Raadmqv tctenvion
Draft Mitigated Negative Declaration
17 City of Car&bad
June J998
Issues (and Supporting information Sources). POtCtWly Sigdbll
d)
e)
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g)
h)
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Changesintheamountofsurfacewaterinanywater
body?
Changesincutrents,orthecouKeordirectionofwater
movements?
changes in the quantity of gmtrtld water% aithar
throUghdirectdditiOllSOrWittl~~~
interceptionofanaquiferbycutscucxavationsar
through substantial loas of groundwater recharge
capability?
Altereddirectionorntteofflowofgroundwater?
lmpactstogroundwaterquabty?
Substantial reduction in the amount of groundwater
otherwise available for public water supplies?
V. AIR QUALITY. Would the prqmsal:
a)
b)
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d)
Violateanyairqualitystandard~conUiitoan
existing or prom air quality viola&?
Expose sensitive Naptors to pollutam!s?
Alter air movement, moisture, or temperamre, or cause
any change in climate?
Create objectionable odors?
VI. TRANSPORTA’I7ON/CIRCULATION. Would the
4
b)
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d)
e)
0
proposal result in:
Increased vehicle trips or traffk congestion?
Hazards to safety from design features (e.g. shatp
CUNCS or dangerous intersections) or incompatible uses
(e.g. farm equipment)?
Inadequate emergency access or access to nearby uses?
insufficient parking capacity on-site or off-site?
Hazards or barriers for pedesuians or bicyclists?
Conflicts with adopted policies supporting altemative
transportation (e.g. bus tutnouts, bicycle tacks)?
Rail. waterborne or air traffic impacts?
VII.BlOLOGlCAL RESOURCES. Would the proposal result
a)
b)
C)
d)
e)
in impacts to:
Endangered, threatened or rare species or their habitats
(including but not limited to plants, f&, insects,
animals, and bii?
Locally designated species (e.g. heritage trees)?
Locally designated nattnal communities (e.g. oak
forest, coastal habita& etc.)?
Wetland habitat (e.g. marsh, riparian and vernal pool)?
Wildlife dispersal or migration corridors?
0
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Faradqv Avenue Roadnqv Extension Dr& Mitigated Negative De&ration
J8 CiyofCarisbud .*
June J998
issues (and Suppordag Information Sources).
VIII.
a)
W
c)
ENERGY AND MMERAL RESOURCES. Would the
Propo- conflict with adopted energy coMmation plans?
Use non-renewable resources in a wasteful and
illefficiatt manner?
Rasultinthelossofavailabiiofaknownminaml
resource that would be of firtum value to the region and
the residents of the State?
IX. HAZARDS. Would the proposal involve:
C
a)
b)
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d)
e)
A risk of accidental explosion or release of hazd&nu
substances (including, but not limited to: oil, pesticides,
chemicals or radiation)?
Possible interference with a emergency response plan
or emergency evacuation plan?
?hecreationofwyhcalthhazardorpotentialhutlth
hazards?
Exposure of people to existing - of potential
health hazards?
Increase fire hazard in areas with flammable brush,
grass, or trees?
X. NOISE. Would the proposal result in:
a) Increases in existing noise levels?
b) Exposure of people to se& noise levels?
XI. PUBLIC SERVICES. Would the proposal have an effect
a)
b)
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upon, or result in a need for n&v or altered government
services in any of the following areas:
Fire protection?
Police protection?
Schools?
Maintenance of public facilities, including roads?
Other govemmental services?
XILUTILITIES AND SERVICES SYSTEMS. Would the
proposal result in a need for new systems or supplies,
or substantial alterations to the following utilities:
a) Power or natural gas?
b) Communications systems?
c) Local or regional water treatment or distribution
facilities?
d) Sewer or septic tanks?
e) Storm water drainage?
impact
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Unless Mitigation
hcorporwd
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Less Than
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F urudqv Aveme Roadwqy Extension 19 City of Carl&ad Dr#t Mitigated Negative Declaration Jme 1998
Solid waste disposal?
Local or regional water supplies?
XIII. AESHETICS. would tbe pmposal:
a) Affcctascabicorvistaorsccnichiehwry?
b) Have a demonstnte negative aesthetic e&U?
c) Create light or glare?
XIV.
a)
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e)
cuLluRALREsouRcEs. wouldthepRVp0ml:
Disturb pakontoiogical tesources?
Disturb archaeological m?
Affect historical resources?
Have the pommial to cause a physical change which
would afkct unique ethnic cultuml values?
Restrict existing religious or sacred uses within the
potential impact am?
ISSUU (and Supportmg infornwicw Sour-).
XV. RECREATIONAL. Would the proposrt:
a)
b)
XVI.
a>
b)
c)
Increase the demand for neighboxitood or regional
parks or other recmtional f&&ties?
Affect existing recreational opporumities?
MANDATORY FINDlNGS OF SIGNIFICANCE.
Does the project have the potential to degrade the
quality of the environment, substantially reduce the
habitat of a f& or wildlife species, cause a f& or
wildlife population to drop below self-sustaining ICVCIS,
threaten to eliminate a plant or animal community,
reduce the number or restrict the range of a rare or
endangered plant or animal or eliminate important
examples of the major periods of California-history or
prehistoty?
Does the project have impacts that are individually
limited, but cumulatively considerable?
(“Cumulatively considerable” means that the
incremental effects of a project are considerable when
viewed in connection with the effects of past projects,
the effects of other current projects, and the effects of
probable future projects)?
Does the project have environmental effects which will
cause the substantial adveme effects on human beings,
either directly or indirectly?
El El
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Impact
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Faradqv Avenue Roadwq~ &tendon 20 Ciry of CarMad a Dr$t Mirigated Negative Deckzration June 1998
XVII. EARLIER ANALYSES.
P
Earlier analyses may be used where, pursuant to the tiering, program EIR or other CEQA
process, one or more effkcts have been adequately analyzcd in an earlier EIR or negative
declaration. Section 15063(c)(3)@). III this case a discussion should identifv the
following on attached sheets:
a) Earlier analyses used. Identify’ earlier analyses and state where they ak available
for review.
W Impacts adequately addressed. Identify which effects fkom the above checklist
were within the scope of and adequately analyzed in an earlier document pursuant
to applicable legal standards, and state whether such effects were addressed by
mitigation measures based on the earlier analysis.
cl Mitigation measures. For effkcts that are “Less than Significant with Mitigation
Incorporated,” describe the mitigation measures which were incorporated or
refined f&m the earlier document and the extent to which they address site-
specific conditions for the project
Faraaby Avenue Roodway &tension
Drafi Mitigated Negative Declaration
21 City of Car&bad
June 1998
..‘I ‘,
LIST OF MmGATMG MEASURES
GEOLOGY
1. Information and recotnmehti~n~ provided in the Leighton and Associates. Inc.. project
geotechnicaUsoils report shall be incorporated into plans for site grading and construction.
2. All grading and subsqucnt development plans shall be mviewed by a certified engineer
and/or engineering geologist prior to fkhzation to detcmk the need for additional
measures andlor analysis. During the review, special consideration shah be given to the
loose, potentially compressible surface deposits in the form of topsoil, alluvium. slopewash.
undocumented fQl soils, and landslide debris. Such makals will require remedial grading
where encountered.
WATER
1. Prior to approval of final design, a runoff control plan shall be prepared by a licensed
hydrology engineer. The plan shall ident@ temporary and permanent erosion control
_ measureswhichwillbeutilizdduring ctmstmdon and to be included in the improvement
plans for the project, to the satisfkction of the Public Works Director.
BIOLOGY
1. Sage scrub impacts shall be mitigated on adjacent parklands or through off-site purchase.
The 6 acres of sage scrub directly impacted by the road can be effectively mitigated within
the study area. A 2:l replacement ratio is recommended given the good quality habitat
proposed to be removed. A gap is proposed between golf links 13 and 15 on the proposed
Carlsbad Golf Course project to the south. This has been previously proposed as a mitigation
area for the golf course (these links would be situated below the road). The gap provides an
opportunity to connect the riparian habitat at the base of Mkrio Canyon below the proposed
route for Faraday Avenue with sage scrubkhaparral above the road and within the study area.
Areas above (i.e., north) the road within proposed parklands would be an optimal place to
provide mitigation. This would improve corridor linkage spanning the canyon in an area
where open agricultural fields currently deter some wildlife movement.
A mitigation alternative would be the purchase of sage scrub lands at a 2: 1 replacement ratio
within the Carlsbad Highland Mitigation Bank.
2. For each spring prior to construction, a protocol survey for the least Bell’s vireo shall be
conducted in the riparian woodland of Macario Canyon. Surveys have been conducted for
the 1998 breeding season and no further surveys shah be required should construction begin
in the year 1999. The purpose of any additional surveys is to identify the location of any
nesting sites in order to avoid construction related noise impacts. Construction on segments
of the roadway that are located in the vicinity of nesting bids shall not begin until after
August 1, when the nesting cycle is completed.
Faraday Avenue Roadway ktetion 22 CityofCadsbad . Dr@ Mitigated Negative De&ration Juw 1998
cuLTuIuLREsouRcEs
Pnleoatology
P
- 1. Prior to issuance of a grading permit, a qualified paleontologist shall be retained by the Gin.
to carry out an appropriate mitigation program. (A qualified paleontologist is defined as an
individual with an MS or Ph.D. in paleontology or geology who is familiar with
paleontological procedures and techniques.)
2. A qualified paleontologist shaIl be present at the pre-grading meeting to consult with the
grading and excavation contractors.
3. A paleontological monitor shall be on-site a minimum of Wtime during the original cutting
of previously und&ukd sediments to inspect cuts for contained fossils. In the event that
fossils are discovered, it may be necessary to increase the per/day in field monitoring time.
Conversely, if fossils are not being found then the monitoring should be reduced.
(Apaleontological monitor is defined as an individual who has experience in the collection
and salvage of fossil mater&. The paleontological monitor shall work under the direction
of a qualified paleontologist)
4. When fossils are discovered the paleontologist (or paleontological monitor) shall recover
them. In most cases, this fossil salvage can be completed in a short period of time.
However, some fossils specimens (such as a complete large mammaI skeleton) may require
an extended salvage period. In these instances the paleontologist (or paleontological
monitor) shall be allowed to temporarily direct, diver& or halt grading to allow recovery of
fossil remains in a timely manner. Because of the potential for the recovery of small fossil
remains, such as isolated mammal teeth, it may be necessary in certain instances, to set up a
screen-washing operation on the site.
5. Fossil remains collected during the monitoring and salvage portion of the mitigation program
shall be cleaned, repaired, sorted, and cataloged.
6. Prepared fossils, along with copies of all pertinent field notes, photos, and maps, shall either
be deposited (as a donation) in a scientific institution with permanent paleontological
collections such as the San Diego Natural History Museum or retained by the City and
displayed to the public at an appropriate location such as a library or City Hall.
7. A final summary report shall be completed and retained on file at the City that outlines the
results of the mitigation program. This report shall include discussions of the methods used,
stratigraphic section (s) exposed, fossils collected, and significance of recovered fossils.
Archaeology
-
1. Prior to grading, a qualified archaeologist shall be retained by the City to determine the
significance/importance-of the portion of site CA-SDI-8303 that will be impacted by grading
activity. The determination of significance/importance shall be made through a testing
program and shall be consistent with City of Carlsbad and CEQA criteria. The testing
Faraday Avenue Roadway &tension 23 city OfCarhW -
Dra# Mitigated Negative Declaration June 1998
program Sbdl COllSiSt Of SUIfh COkCtiOIl Of &f&t& Rcordhg of milling features.
excavation of shovel test pits and 1x1 meter units to dctennbe *site size. d&h content.
integrity and potential to address imputaut rcsear& questions. A report shall be prepared
summarizing the rcsuits of the testing program. The report shall c4Xmlin recommendations
for data recovery for the site if it is determin ed to be significan~impor under City of
Car&ad and CEQA criteria
2. If as a result of the testing program identified in Mitigation Measure 1, site CA-SDI-8303 is
detembed to be sign%canVii then a data recoveq program shall be impiemented.
The data recovery program shall be implanentea in accodance with the commendations
for data recovery as provided in the testing report required under Mitigation Meawre 1.
ATTACH MIl’IGA7’ION MONITORING PROGRAM
A mitigation monhoring and reporting program has been prepared for the project and is bound
underseparatecover.
Fara& Avenue Roadway fitauion
Draft Mitigated Negative Declaration
24 City of GmUod *
June 1998
P
p~p~~Cm’r CONCUR&ENtX WITH MmGATKN MEASURES
‘THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATlNG MEASURES AND
CONCUR WITH ‘IHE ADDITION OF THESE hfEASURES TO THE PROJECT.
I%/ n/46
Date silerri Howard
Associate Engineer
.
Far& Avemte Roadwqv Extension
Drap Mitigated Negative Declaration .
25 City ofCari.dad
June 1998
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ING COM-ON RESOLUTION NO. 44%.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, A.PPROWNG
COASTAL DEVELOPMENT PERMIT NO. CDP 98-39 ON
PROPERTY GENEIULLY LOCATED BETWEEN THE
EXISTING TERMINUS OF FAIUDAY ROAD AND FUTURE
CANNON ROAD IN LOCAL FACILITIES MANAGEMENT
ZONE 8.
CASE NAME: FARADAY ROAD EXTENSION
WHEREAS, the City of Carisbad, “Developer”, has filed a verified application
regarding property which consists of Faraday Road Right-of-Way (“‘the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibit “An dated January 6, 1999,0n file in the Planning
Department, FARADAY ROAD EXTENSION, CDP 98-39 as provided by Chapter 2 1.201.040
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 6th day of January 1999, hold
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
4
W
Findings:
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES FARADAY ROAD EXTENSION, CDP 98-39 based on the
following findings and subject to the following conditions:
1. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the project site does not include any area of
designated Coastal Agricultural Lands; there are no steep natural slopes within the
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project area (greater than 25%); tbe improvemeat of the street will not obstruct
views or otherwise damage tbc visual beauty of the coastal zone: and there are no
areas of geologic instability witbiu tbe project area.
2. That the proposal is in conformity with the public access and recreation policies of
Chapter 3 of the Coastal Act in that tbe improvement to the road will not interfere
with tbe public’s right of access to the sea or jeopardize any existing or potential
coastal water-oriented recreational opportunities.
3. That the project is consistent with tbe provisions of tbe Coastal Resource Protection
Overlay Zone (Cbapter 21.03 of tbe Zoning Ordinance) in that the project will
adhere to the City’s Master Drainage and Storm Water Quality Management Plan
and Grading Ordinance to avoid increased runoff and soil erosion and the site is not
located in an area prone to laudslides, or susceptible to accelerated erosion, floods
or iiquifaction.
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Staff is authorized and directed to make all corrections and modifications to the
documents necessary to make them internally consistent and in conformity with final
action on the project. Development shall occur substantially as shown in the approved
Exhibits. Any proposed development different from this approval, shall require an
amendment to this approval.
A grading permit issued by the City Engineer consistent with all City grading
policies and ordinances is required.
Grading is prohibited from October 1 to April”1. The City Engineer may permit an
extension of the grading season until November 15, 1999 if all precautionary
measures regarding erosion, consistent witb the City’s grading ordinance, have been
put in place.
Storm drain facilities consistent with the Master Drainage Plan shall be installed as
required by the City Engineer.
Soil erosion control practices shall be used against “onsite” soil erosion to the
satisfaction of the City Engineer.
Offsite drainage shall be prevented through sediment control. Control metbods
shall be shown on the grading plans to the satisfaction of the City Engineer.
PC RESO NO. 4451 -2-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning i
Commission of the City of Carlsbad, California, held on the 6th day of January 1999. by the 1
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
BAILEY NOBLE, chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMILLER
Planning Director
PC RESO NO. 4451 -3-
NOT To SCALE
PROJECT NAME
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PROJECT FARADA Y ROAD EXTENSlON NUMBER c
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APPENDIX 6
HABITAT LOSS PERMIT (SECTION 4(D))
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City of Carlsbad
December 23,1998
Ms. Sheryl Barrett, Assistant Field Office
Supervisor
U.S. Fish and Wildlife Senrice
2730 Loker Avenue West
Carlsbad, CA 92008
Mr. William Tippets
California Department of Fish & Game
4949 Viewridge Drive
San Diego, CA 92123
Re: Habitat Loss Permit for Faraday Avenue Extension, Project 3593 (City of
Carlsbad)
Dear Mr. Kobetich and Mr. Tippets:
,On November 17, 1998, a Habit Loss Permit was approved by the Cartsbad City
Council for the Faraday Avenue Extension project. The subject property is located in
the northwest Quadrant of the Cky of Cadsbad, as shown on the attached location map.
The project will take 5.5 acres of coastal sage scrub.
Pursuant to the 4(d) rule for the California gnatcatcher, this Habitat Loss Permit is being
transmitted to your offices for the required 30 day comment period. The comment
period will close on January 22, 1999. A copy of the staff report to the City Council is
attached. Supplemental materials were provided previously during the CEQA review
process. Additional copies of the studies will be provided at your request. Attached for
your reference is a tabulation of all coastal sage scrub losses authorized by the City of
Carlsbad since March 1993.
The City and your staff representatives Julie Vanderwier of the US Fish and Wildlife
Service (USFWS) and Dave Lawhead of California Department of Fish and Game
(CDFG) met on December 3, 1999, to resolve issues raised through the publication of
the M’itigated Negative Declaration for the project and resolve issues surrounding the
mitigation measures required for the project impacts.
The Faraday Avenue Extension is located in an area commonly referred to as Macario
Canyon and extends Faraday Avenue from its exiting westerly terminus to a future
intersection with Cannon Road. The area is currently used for agriculture. Project
impacts will be 5.5 acres of direct impact and 0.75 acres of indirect impacts. The
mitigating proposed for these impacts is as follows:
1. Mitigation for the direct impacts will be a 2:l ratio totaling 11 acres and will be
through the purchase of credits from the Carlsbad Highlands Mitigation Bank.
2. Mitigation for the indirect impacts will be at a 1 :l ratio totaling 0.75 acres.
3. Mitigation will be provided through the use of the remaining available credits in the
Carlsbad Highlands Mitigation Bank credit purchase. Mitigation Bank Credits
totaling 20 acres were purchased for the Cannon Road West project. Actual usage
of the credits for mitigation for Cannon Road West projects left an available balance.
The proposed use of the credits is as follows:
2075 Las Palmas Dr. - Carlsbad, CA 92009-l 576 l (760) 436-l 161 - FAX (760) 431-5769
December 23,1998 Page: 2
Ms. Sheryl Barrett and Mr. William Tippets
Habitat Loss Permit for Faraday Avenue Extension, Project 3593 (City of Carlsbad)
Cannon Road Reach 1 - 4.8 acres
Cannon Road Reach 2 - 3.77 acres
Hidden Valley Road - 0.27 acres
El Camino Real - 0.35 acres
Faraday Avenue - remaining - 10.81 acres
4. The total mitigation requirement is 11.75 acres. Use of Carlsbad Highlands
Mitigation Bank Credits provides 10.81 acres leaving a shotill of 0.94 acres. In
addition to revegetation of the slopes adjacent to coastal sage scrub (Station 51+50
to 61 on the south side and Station 48 to 61 on the north side), revegetation of 0.86
acres is required. The revegetation is proposed on a piece of land currently farmed
between the existing coastal sage scrub and the proposed road between Station 43 to 48. The revegetation plan wiH require approval of the USFWS and CDFG prior
tpo implementation. A monitoring program and success criteria will be included in
the. revegetation plan. 5. To ensure there are no impacts to sensitive bird species if construction begins between February 15 and August 15, the City will conduct pm-construction surveys for active nests in suitable habitat within 250 feet of the construction zone. If active
nests are found, no construction will occur within 200 feet of an active nest until the end of the breeding season (August 15).
If you have any questions regarding this project, please feel free to contact me at 760-
438-l 161 extension 4427.
Thank you for your cooperation in this matter.
Sincerely;
aluG-
SHERRI HOWARD
Associate Engineer
Attachments
C. Public Works Director
Traffic Engineer
Principal Civil Engineer, Richard Allen
Principal Planner, Don Rideout
Associate Planner, Christer Westman
O’Day Consultants, John Strohminger
-~ LOCATION MAP
NOT Td SCALE r‘
&OJECT NAME FARADA Y A VENUE PROJECT EXHIBIT
5XISTlNG WESTERLY TERMINUS TO CANNON ROAD N;t;y I v Rv FrflTT LV*Ni PAF)) WAIT FNCINFFRINC WP,
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m Tll’&Ez RESERVATION OFACREAGEFOR VARIOUS /< 9+7
CAPlTAL IMPROVEMENf PROJECTS FROM THE INTERIM
MTG. .m SAGE SCRUB 5% ALLOCAllON AND INTERIM COASTAL
SAGE SCRUB TAKE PERhilT FARAOAY AVENUE
DEPT. HD.V
1 RECOMMENDEDACT#)(J:
Adapt Resolutlm No. warR!f apprarlng a mservatim of4.M acms from the City’s allowable
taka0feoastalaagesuubf07variwsCapital~mprwemsnt~~.
Adept Resolution No. pfis~& appn-XI an interim Coastal Sage Scrub Take Permit for
Fanday Avenue, Project No. 3593, and m 5.5 acrea from the City’s 5% allocation.
I ITEJWCPtiTION:
Thelisting of tha coastal Califomia gnatcatcher as a thraatened species established the requirement
foraFederalpermfttoimpactanycoastalsagesaubvsgetabion. Aspecialpennitandprocesswas
aeatedundertheSpecid4(d)RuletoaddressproledswZth~lknpads. Thiipermitandprocess isknownasthe,4(d)lnterimCoastal~~TakePennit
Exernptfromthis4(d)processarsproj~~ocart~lowval~habitatandcause~thanl.O
acn of sage scrub loss whii is not occupied by Calii gnatcatchers. The exemption is known
as De Minimis.
ThsCityhasd~exemp~oertainCity,~from~4(d)~~the~cies and have their concunence. ~~ofthsseprojeclsa~theCitytoissue4(d)penitsfor
the remaining 5% acreage, which is 4.62 acres assuming that 99 acres wilt be Yaken’ by the 4ua Hedionda NatureIVttftor Canter, and still be allowed to ‘take” under the De Minimis exemption. The Foxes Sewage Lift Station which is anticipated to have a .5 acre impact is one such project which can be processed De Minimis
Therefore, this agenda bill is a request for a reservation of the remaining 4.62 acres from the CZity’a 5% allowable take of coastal sage scrub. The foBowing projects are expected to impact coastal sage scrub and require permitting in the near-term:
To date, 26.08 acres of the total interim 5% take have been used or reserved for City projects. 4.62 acres of the original 165.70 acres remains. With this reservation, the usage by the Clty is 30.2
acres, or 18% of the total acreage available.
Page2ofAgendaBiuNo. da@
Envimtd Ibv/ow is b@@ WtCd using ti WoIst 0~8 impact to coastal sage scrub. After
final determination of actud coastd Saga swb impacts. staff will return and:
0 RequestaSe&on4(d)lnt&nCoastalSageScrubTakePemit.
l Requsstthat~CourEiladoptthesevenfindklgsasoutlinedintheNatuMIICommunities : ConservationPlannllC#rswvationGuiddines.
0 Approvcr~dsductiondtheachralacreageofirnpadhwntheCit)/sS%allocationand
make available tha unused portton.
~Cit)rsfE#f?IaiM@%srlocati#lis98ttin9kYWtitheHa#tat~ PlantimingisstJc)l
thalitmaynotbeappFwedpr#rbthss~uledkril[rtionafhaldersignfwthepropcts..
~~af~aaeagedoesnotaubomabc;d)yisz~~8Ihe~~SagesaubTake ’ Permit AfMmKltyCounc8sdloniSrrquiradtOiSsUmlhe~ ThesePWj=kaf===SSary forlheaMinueddow&pmantdth&ity.
Ths!CttyCouncHhespnviouslyadopWa~Hon~f#apprwing pmjects mat wtll
impacta3astatsag?3suubandalfnmitaueagefmmthaclys5n-. Eachofthecspital
lmpKwme~havaminimal~cts~coasteJsegewrub. llmrrradwayrswecHyciapl~
F+mjdsthatprovidm~trafflc~tomeetihe~orwvlt,MaIlagelnentstanda~.
TheWaterD&tIiCtP@8CkarS rlecwaytopfovidethersquiredinfras~tonleettheCit)/s
GmwthManegeme~dpndards. MelmeAvenueisasemndpMitywhenamstatszgesaub
impadsamamsidemdbecauseitimpactsmomthanlaue. ltisafirstprimitybypmjecttypein
thatitismquimdtomeetaGmwth h4fmgmmtstandard. TilprefnainirrgprojedFareafirst
ptiuHyboth~byacreageofirnpsctandprojecttype. Becauaethe!%isnearingdepletkm,project
typbisconmdemd Staff&recomnsndingthat~CityCarncilapprove~requesttoreserveIhe
remaining 4.62 acres for the various Capital tmprovement Projects from the Citfs 5% allocation prior to receiving aH discretictnaq actions based on the above findings.
In addiion. thii agenda bill is a request Interim Coastal Sage Scrub Take Permits for tha Faraday
AvenueProject CiiCouncil-6.5acresbwtheseprojects byResotutionNo.l4,82Octn August 4,1998. Since that time. biokgical analysis has been completed. The following ideMies the actual impacts assodated with the Faraday Avenue pmjectz
0 TheFaradayAvcnueExtensionk~~inMaearioCanyonandextendsFaredayA~ frcJmitsexisting-westertytolhe?futureh~wHhcannonRoad.The MitisabedNegativeDedarationhas.beenpubiishedandadop~byCityCoundlby ResolllHon 98-299 on September 9,1998. The amment6receivedfrwntheWildlHe Agen~.reguirstheCitybmiligateforcoastdsagesaubaffactedindiractlybyIhe _ tzomh&m of Faraday Avenue. Although these impacts reguire mitigation. only dimct impacts am subtracted from the 5% allocation. The actual impacts am 5.5 acres. This
retums 0.5 acres to the !% aUocation.
Stalf rwaxnmands issuance of the Interim Take Permit for tha Faraday project for the fotlowiq
rea!ions:
1. The imPaCt is small, low q~lity. and will not jeopardize the City’s ability to utilize the 4(d) prOWSS for other projects.
2 Oevelopment of the project has significant economic and other benefits for the City.
3. Without approval of the 4(d) pennit, an alternative permitting mechanism for the coastal sage
scrub impact would have to be pursued, potentially delaying construction of the project.
r
Pap33ofAgendaBinNo.J~ sm I
P ~ofthcrsqrriredfindingsneededfor~wnceofanlntierirnTakePermitwnbemade,asstated in
the attached Resolution. To briefly summartze those findii, the proposed habitat loss is
cors&~with~guidefinssof~~communitiescor#ervationplanning,~wiwnotarmulatively
exmdttteCltyb!%linitatlon,habltat~wlHbemaintained anditwitlnotpfedude
m@mmWonofafegiomlhabitatplan. MitigationforIhe5.5acfasaicuastalsagesuubloss
~afaeatiorrof~#T~centb~area~irpadanduseofbndprevioUslyPwchased
fmtheCarlsbadHihlandsMltigationBank Ihepviousac6onrasenred6.5aaes. Thisaclion
reHmsO.5acmstotb5%allocatkmforusefarotherprojeda Afterappnwalofthiscoastalsage
scnblosspermitthecitl)s mmainingbalarmunderthe5%limihWnwillbe4.62acres.
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. iftlmstalfreawnmendsbon isapproved,thskrtsrimTakoPwmltwilbesub~totheU.S.Fish
andWldfif&SevviceandCafii DqMmentofFbhandGa1neforthenequired3Odayreview
pbd. ~noobjectionisfiledbythose~~the30dayperiod,thepermitwinhavefirwl appwat. Thepemritwill~validfor~yearMlowkrgthedatsoffindapprwal.
ENVRORJMENTAL REVIEW:
Nomvironmentalimpactsareassociatedwiththencommandsdaction.
FISCAL IMPACT:
Nokcalimpadkassociatedwiththefeammddaction
ExHiBrrsz C
e
. . 1. Location Map.
c- 2 Resolution No. g$3$< approving a reservation of 4.62 acres from the City’s alkwath take of coastal sage scrub for various Capital Improvement Projech
3. Resolution No. qg* 3 fb approving an interim Coastal Sage Saub Take Permit for Faraday Avenue, Project No. 3593, and subtracting 5.5 acres from the City’s 5% allocation,
h
L LOCATION MAP I I
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P ROJECT NAME EXHl%ld lNl-ERM COASTAL SAGE SCRUB TAKE PERMIT I
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RESOfAJllON NO. 98-385
A RESOLUTION OF THE CfIY COUNCIL OF THE CtlY OF
c#~LSBAD, CALIFORNIA, APPROVlNG A RESERVATION OF
5.11 ACRES FROM THE MY’S ALLOWABLE TAKE OF
COASTAL SAGE SCRUB FOR VARIOUS CAplTAL
PRO- PROJECTS .
WHEREAS, the United States Fish and WMlife service has listed the coastal California
matcatcher as a ttmabmd species and, theMom, subject to cehain protectians affotded by the
p-%l-dmAct;~
WHEREAS,theSeaetaryofthekr~hasadoptedaSpecialRuleasprovidedunder
action4(d)ofthaEndangeradSpeciesActforthnMerM spedes; ad
~EREAS,ttn,~Ruk~~fwinterimtaksofthecoasGJCali~mia
ra~~er~~and~of~scdaPla~PUrsWntbtheNahrra1
xrrnunltks Conse~tion Ptanning (NCCP) pmgram of the State of California; and
WHEREAS, among pmvtskms of the special Rute is an expedited process for approval of
srim impacts, which process may be wed until ths San Diago County region has taken So% of
astal sage scrub existin as d March 25.1993; and
WHEREAS, the Cii of Cadsbad’s pwtion of the 5% allowable take has been calculated tu
165.7 acres, and all impacts to coastal sage scrub during the interim period must be
btractedfmmthiiamountand .
WHEREAS. the City of Carl&ad has adopted a prtoritization system and guidelines for
Jeermining which projacts should be allowed to deduct from City’s 5% atkxations; and
WHEREAS, Melrose Avenue impacts 1.5 acres of coastal sage scrub and is considerad a
condprMtypmjectbyimpact;and
WHEREAS, the remaining Capital Improvement Pmjecis each impact less than one (I)
‘8 of coastal saga scrub and is considered a first priority project by impact; and
WHEREAS, Atl projects are City Capital Projects required to meet a Growth Management
lndard and are first priority projects by project type; and
WHEREAS, the city’s 5% allocation is nearing depletion, thus the project type is
Insidered; and
WHEREAS, the prioritization guidelines allow commitment of acreage from the 5%
location prior t0 the project receiving all discretionary action; and
1 WHEREAS, Attachment 1 to this resolution is a liitkg of all pqjects which have be
2 authori& by the City Council pursuant to the Special Rule to impact coastal sage scrub habi-
3 in car)sbad since March 25, 1993, including a sta&ment of the remaining number of au;
4 availabletotheCityfromthe59baUocation;and
WHEf?EAS, when appming interim impacts to coastal sage scrub habitat under t& 5 t3xpediiprocessprovidedbytht3spedafRlJk,itis necessaryfortheCityCounciltoado=
6 seven specific findings which are outlined in the NCCP consewation Guidelines: and
7 WHEREAS, CEQA gtild&ms require enviti review tobe completed before tt-
6 tinaldesignoftheprojectcanbeMia&d;and
9 WHEREAS, these pro@%. through the final desii process may impact more or le-
10 coastalsage~Levidentathelevelofdet#loftheprslkninaryplans;and
11 WHEREAS,thiirequestisfofa resewationdthe4.62acresofthecoastalsaQe5~
,2 allocation until actual impacts can be determined in the final +3sign of the project; and
13 WHEREAS,~entheachwlknpadsa~~,CityCoundfwiUberequesbedtoadoF=
14 thesevenspeeificfindingsandapprovethed~ortheadwlacreagefromthes~
allocation and make available the unused portion.
15 NOW, THEREFORE, BE n RESOLVED by the City Council of the City of Cadsbarn
16 Celifomia, as follows:
17 1. That the above recitations are trueand correct.
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2. That the City Council approves the fesewation of 4.62 acres from the 5%
~OC~~~OII fwth0 foliowing Capital Irpprwem8nt projects:
3 II I ! ACREAGE I - 11 [ Rancho Carl&ad Basins I 0.4
Avenue cmcludes Water Dii improvements) 1.5
lid&t Dmimde I 4.
5
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a
Ition
a Hedionda lnterceptc~ Rehabiiiition
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carl&ad City Council
,Idonthe 17th dayof November ,1998 by the following vote, to wit:
AyES: Council Members Lads, Fixmilr, I’lypard, Kulchin and Ea11
NOES: ?=‘=
TEST:
RESOLUTION NO.
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RESOLUTION NO. 98-386
A RESOLUTION OF THE ClTY COUNCIL OF ME CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN INTERIM COASTAL
SAGE SCRUB TAKE PERMIT FOR FARADAY AVENUE,
PROJECT NO. 3593, AND SUBTRACTING 55 ACRES FROM m
crWS5%ALLOCATIOt’J.
WHEREAS, the United States FM and Wddlii Sewica has listed the Cal&mm
gnatcatcherasat)ueatenebspedesand.~,subject~o~protectionsaffordedby~
EndangeredspeciesAd;~
WHEREAS, the SeaeGvy of the lntedor has adopted a Special Rule as provided undo
Sediqn 4(d) of the Endangered Species Act’forthatened species; and
WHEREAS, the Special Rule provides guidelines for interim take of the Califomi=
~w&&her pending compMon and appmval of larger scale plans pursuant to the Natura
bmrnunities Conservation Planning (NCCP) program of the State of California; and
WHEREAS, among the pmvMmsoftheSpecialRuktisanexpedikdpfocessfo~
approval of M&m impacts, which process may be used until the San DieQo County region has;;
akenS%ofthecoastalsages#ubexistingasofMsreh25,1~3;aMf
WHEREAS, the City of Carlsbad’s portion of the 5% allowable take has been calculated tl-
e 165.7 acres, and all impacts to coastal sage suub during lhe interim period must be-.
ubtracted from this amount; and
WHEREAS. the City of Carl&ad has adopted a prioritization system and guidelines for
&rmining which projects shouki be allowed to deduct from the City’s 5% anocation; and
WHEREAS, Attachment 1 to this resolution is a listing of all projects which have been
Jthorized pursuant to the Special Rule to impact coastal sage scrub habit in Catlsbad sin-
arch 25.1993, and a statement of the remaining number of acres a&able to the City from the
Y allocation; and
WHEREAS, in approving interim impacts to coastal sage scrub habitat under the
pedttad process provided by the Special Rule, it is necessary for the City Council to adopt
ven specific findings which are outlined in the NCCP Conservation Guideliies and restated
low in the Findings section of this resolution; and
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WHEREAS, the City Council has rewiewed all pertinent information relating to the Faraday
r\ven~e ptajed and has determined that it is ap,pvopriate to issue an interim take permit for the
,roiect /
NOW, THEREFORE 1% IT HEREBY RESOLVED by the City Council of the City of
hwisbad,-laasfollam: s ~
1. Thattheabow3fedtationsaretrw&wfrect.
2. ThattheCityCoundlappFwesths~oftheaninterimtakepermitforthe
‘aradayAvenuep#ect. TheCityCouncilMherdiithat5.5acresshailbesubtractedfrom
m available balance of coastal sage scrub impac& as shuwn on Attachment 1 of thii resolution,
hiti is incorporated herein by reference.
mdincla:
In approving the issrrance of this interim take pennit, the City Council makes the following
ldings with respect to the Faraday Avenue project. The City Council finds that:
1. The proposed habitat has is consistent with the NCCP Conservation Guidelines.
2. The habitat loss will not anulatively exm the 5% limitation, either regionally or
cawy.
3. Connectivity between hiih value habitat areas will not be preduded.
4. The habitat loss will not predude preparation of the subregional NCCP plan.
5. The habitat ioss has been mtimized and mitigated to the maximum extent
acticable. The mitigation shall consist of habitat creation adjacent to the area of impact and the
‘6 of land credits from the Cadsbad Highlands Mitigation Bank.
6. The likelihood of survival and recovery of listed species will not be appreciably
juwd.
7. lhe habit loss is incidental to otherwise lawful activities.
8. That staff is hereby directed to transmit the Cii Council’s action as expeditiously
possible to the U. S. Fish and Wtldliie Service and Caliimia D&rtment of Fish and Game to
Me that the permits have been issued subject to the required 30 day review period. In
1 addition, following the conclusion of the 30 day review f&&d with no objections to the issuance
2 the int&tn take permits from the U. S. Fish and Wldlife Sewice and Caliiia Department of Fi=
3 and Game, stalT is further dii to take appropriate actions to document the final approval m
4 thspfoject
5 PASSED, APPROVED AND ADOPTED at a mgular meeting of the Cartsbad Cii COU~C
,6 heldonthe 17th dayof liowmber ,1998 by the fbbwing vote, to wit:
7 AYES: CouncilMembers Lewis, Plnnila, loysrud. Kulchlnand Hall
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15 ALEWA L. RAUTENKRANt, Cii Clek
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(S=u