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Home My WebLink About1987-03-17; City Council; 8919; LA COSTA AVENUE AND EL CAMINO REAL INTERSECTION IMPROVEMENTS, PROJECT NO. 3215RECOMMENDED ACTION: Adopt Resolution No. 699 0 : Approving plans and specifications and authorizing advertisement of bids for the construction of intersection improvements at La Costa Avenue and El Camino Real, Project No. 3215. , Accepting easements for grading, landscaping and irrigation purposes related to the La Costa Avenue Mitigation project from the Community Bank Corporation. Approving a Consultant Agreement extending the engineering services of the project design engineers, Willdan Associates. 4- Approving a Consultant Agreement with the Lee C. Johnson Company for right-of-way appraisal services. Approving a Consultant Agreement with MacFarlane and Associates for right-of-way negotiation services. Approving a Consultant Agreement and appointing the firm of Asaro and Keagy as special counsel for right-of-way acquisition services. Appropriating funds for additional engineering services and right-of-way appraisal, negotiation and acquisition services. Directing staff and special counsel to initiate right-of-way acquisition proceedings required for the La Costa Avenue Corridor projects. ITEM EXPLANATION: Plans and specifications for the intersection improvements to La Costa Avenue and El Camino Real are complete. This project proposes improvements to the intersection including widening La Costa Avenue to four (4) lanes west of El Camino Real a distance of approximately 1,300 feet, installation of left-turn pockets on La Costa Avenue, roadway improvements on the west side of El Camino Real both north and south of La Costa Avenue, modification to the traffic signal system at the intersection, extension of the concrete drainage facilities beneath La Costa Avenue west of the intersection, in addition to other related street improvements. The project's construction schedule requires 110 consecutive calendar days beginning this coming summer. The project has been designed and will be constructed in such a way as not to require complete closure of La Costa Avenue during the construction period. Staff requests approval of the plans and specifications and Council authority to advertise for bids for the project. c+ I- r I Page Two of Agenda Bill No. 991 Attached for Council review and approval is a Consultant Agreement extending the engineering services with the project design engineers, Willdan Associates. Additional engineering services beyond the existing contract's scope of work include preparation of materials such as aerial photographs, graphics and displays for the City's Coastal Commission presentation, preparation of composite right-of-way drawings and other documents for right-of-way acquisition proceedings including attendance at several meetings, revision of legal descriptions and plats for street rights-of-way required for the project, review and analyze documentation provided by engineering firms representing private property owners during the course of right- of-way negotiations, provide necessary survey staking required for bidding the La Costa Mitigation project, and assist staff and special counsel as required. The consultant's proposed fee schedule for a total of $26,422.42 is attached. Staff recommends approval of the extended services agreement. City staff and the project design engineers, Willdan Associates, have for several months undertaken right-of-way negotiations with six (6) different property owners along La Costa Avenue for which private property dedications are required to install the intersection and ultimate roadway widening improvements. Additionally, private property right-of-way is required along the north side of La Costa Avenue within the Batiquitos Lagoon to install Coastal Commission mandated wetland and riparian enhancements as compensation for areas to be disturbed by the City's proposed construction. All intersection, roadway widening, and mitigation rights-of-way required by the City are in conformance with the Coastal Commission's approval of the City's La Costa Avenue Mitigation plan this past November. Attached for Council's acceptance are copies of easements for grading, landscaping, and irrigation purposes required by the City's La Costa Avenue Mitigation Plan from the Community Bank Corporation for which a dedication has been secured. Negotiations with the other property owners are continuing. For the City to proceed with the La Costa Avenue and El Camino Real intersection project, as well as the accompanying La Costa Avenue Mitigation project, acquisition of the necessary private property right-of-way by dedication or condemnation is required. Attached for the Council's review and approval are Consultant Agreements with the Lee C. Johnson Company for right-of-way appraisal services, MacFarlane and Associates for right-of-way negotiation services, and the firm of Asaro and Keagy as special counsel for right-of-way acquisition services. Staff recommends * 1 Page Three of Agenda Bill No. 89/q approval of the attached Consultant Agreements to enable special counsel to initiate acquisition proceedings. Acquisition of the required private property right-of-way through negotiation is the preferred method and will continue. However, acquisition of the required private property right -0 f -way through condemn at ion proceedings may be required to ensure a timely processing of the projects by the City. FISCAL IMPACT: The City Council has appropriated $990,000 of Traffic Impact Fee funds (TIF) for the construction of the La Costa Avenue and El Camino Real intersection improvements in the 1986-87 Capital Improvement Budget, project account No. 133-820-1840-3215. In order to proceed with the necessary project engineering services and right-of-way appraisal, negotiation, and acquisition services, the following additional project costs are anticipated: Willdan Associates, design engineering $ 26,422.42 (est.) services Lee C. Johnson Company, right-of-way appraisal services MacFarlane and Associates, right-of-way negotiation services Asaro and Keagy, special counsel and right-of-way acquisition services 35,000.00 (est.) 19,200.00 (est.) 50,000.00 (est.) Total of additional project costs $130,622.42 (est.) The above costs for right-of-way services are based upon submitted hourly rates and are an estimate of cost should the City be required to proceed to court for the acquisition of all parcels. Acquisition by negotiation or purchase of any or all of the parcels will result in significant cost savings of fees. The actual cost of potentially purchasing right-of-way will be known following completion of the appraisals and conclusion of n eg ot i at ions. The City should be prepared to deposit with the court the appraised value of any unsecured right-of-way. 3 t r 8 , Page Four of Agenda Bill No. rqlq Staff recommends the City Council approve the attached Consultant Agreements and direct staff and special counsel to initiate acquisition proceedings. A funds transfer in the amount of $131,000 from the unappropriated reserve of the Traffic Impact Fee Fund, account No. 133-890 to the project account No. 133-820- 1840-3215 is requested to enable the project to proceed. Staff will continue to keep the Council informed of the status of the right-of-way negotiations for this project. The La Costa Avenue and El Camino Real Intersection Improvement Project, No. 3215, is funded entirely from the City's Traffic Impact Fee Fund (TIF) and is therefore exempt from Proposition H funding limitations. The appropriation of these funds will require a loan of $130,623 from the General Capital Construction Fund. This action will reduce the total amount of funds available for the purchase of Hosp Grove. EXHIBITS: 1. 2. 3. 4. 5. 6. 7. 8. Location Map. Resolution No. 8990 approving recommended Council action listed above. Letter dated January 21, 1987 from Willdan Associates with accompanying easement for grading, landscaping and irrigation purposes from the Community Bank Corporation. Consultant Agreement with Willdan Associates for extended engineering services. Consultant Agreement with the Lee C. Johnson Company for right-of-way appraisal services. Consultant Agreement with MacFarlane and Associates for right-of-way appraisal services. Consultant Agreement with Asaro and Keagy as special counsel for right-of-way acquisition services. Plans and specifications on file in the Office of the City Clerk. LOCATION MAP PROJECT NAME LA COSTA AVENUE INTERSECTION AT EL CAMINO REAL LEGEND PROJ= NO= EXHIBIT 32 I5 I .............. ............... .............. ............... .............. ............... .............. ............... .............. ............... AREA TO BE IMPROVED SIT VICnuKY MAP N.7.s. I 3 2 2 4 L E 'i E S 1c 13 12 12 14 15 16 17 la 19 20 21 22 23 24 25 26 27 20 > I RESOLUTION NO. 8990 :IT 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING THE ADVERTISEMENT Of BIDS, ACCEPTING EASEMENTS, APPROVING CONSULTANT AGREEMENTS, AND APPROPRIATING FUNDS FOR THE LA COSTA AVENUE AND EL CAMINO REAL INTERSECTION IMPROVEMENT PROJECT, NO. 3215 WHEREAS, the plans and specifications for the construction of intersection improvements at La Costa Avenue and El Camino Real are complete; and WHEREAS, the City Council of the City of Carlsbad determines it in the public interest to proceed with the construction of said improvements; and WHEREAS, certain easements for grading, landscaping and irrigation purposes have been submitted by the Community Bank Corporation to the City of Carlsbad; and WHEREAS, additional engineering design services are required to complete said project including right-of-way acquisition; and WHEREAS, consultant services for right-of-way appraisal, negotiation and acquisition are required by the City of Carlsbad to enable processing of said project; and WHEREAS, additional funding is required to enable proceeding with the aforementioned engineering and consultant services for said project; and WHEREAS, the City Council of the City of Carlsbad determines it to be in the public interest to appoint special counsel for the purposes of initiating right-of-way acquisition proceedings required for said project; NOW, THEREFORE, BE IT RESOLVED by the City Council of the 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 City of Carlsbad, California, as follows: 1. That the above recitations are true and carrect. 2. That the City Council of the City of Carlsbad hereby approves the plans and specifications on file in the Office of the City Clerk which are incorporated by reference herein for the intersection improvements to La Costa Avenue and El Camino Real, Project No. 3215. 3. That the City Council of the City of Carlsbad hereby authorizes and directs the City Clerk to advertise for bids for said project. 4. That the City Council of the City of Carlsbad hereby accepts certain easements for grading, landscaping and irrigation purposes submitted by the Community Bank Corporation for the La Costa Avenue Mitigation project and directs the City Clerk to record said easements. 5. That the City Council of the City of Carlsbad hereby approves a Consultant Agreement extending the engineering services of the project design engineers, Willdan Associates. 6. That the City Council of the City of Carlsbad hereby approves a Consultant Agreement for right-of-way appraisal services with the Lee C. Johnson Company. 7. That the City Council of the City of Carlsbad hereby negotiation approves a Consultant Agreement for right-of-way services with MacFarlane and Associates. 8. That the City Council of the City of Car approves a Consultant Agreement for right-of-way sbad hereby acquisition services with Asaro and Keagy and does hereby appoint said firm as special counsel in this matter. , 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 20 21 22 23 24 25 26 27 28 9. That the City Council of the City of Carlsbad hereby approves a funds transfer in the amount of $131,000 from the unappropriated reserve of the Traffic Impact Fee Fund, account No. 133-890 to the project account No. 133-820-1840-3215 and the loan of $130,623 from the General Capital Construction fund to the Traffic Impact Fee Fund--La Costa Avenue for this project. IO. That the City Council of the City of Carlsbad hereby directs staff and special counsel to initiate acquisition proceedings to acquire the necessary right-of-way for the City of Carlsbad’s La Costa Avenue Corridor projects. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 17th day of March 9 1987 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux, and Larson NOES: None ABSENT: None ATTEST: ALETHA L. RAUTENKRANZ, City Cdrk ( SEAL) “CLAUDE A. -LEWIS, Mayor I EXHIBIT 3 WILDAN ASSOCIATES 0 ENGIIIEERS & PLANNERS Anaheim Nor,uoIk L’entura _an?cs+ei Sar krnardino and Son Diego Ca1ifn.T a -’ -w- January 21, 1987 City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92008 Attn: John Cahill Re: La Costa Avenue Mitigation Measures Dear John: Enclosed is the executed Grading Easement from the Community Bank for the required mitigation measures. The document needs to be accepted and recorded per City procedure. We are continuing our negotiations for the other Grading and Road Easements. Sincerely, WILLDAN ASSOCIATES Thomas R. Faulkner Senior Designer TRF: js Enclosure JN36022 9 6363 GREENWICH DRIVE SUITE 250 SAN DIEGO, CALIFORNIA 92122 (619) 457-1 199 CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NOTRANSFER TAX DUE: EXHIBIT 3 cont. EASEMENT FOR GRADING, LANDSCAPING AND IRRIGATION Assessor I s Pa rc e 1 NO. 21 6-1 10-21 2 16- 122-7 6 Project LA COSTA AVENUE MITIGATION W.O. No. 36022 COMMUNITY BANK, a corporation hereinafter called GRANTOR, do(es) hereby grant; convey and dedicate to the CITY OF CARLSBAD, State of California , hereinafter called GRANTEE, an easement for grading, landscaping and irrigation purposes and incidents thereto, upon, over and across that certain real property within the CITY OF CARLSBAD, State of California, described as follows: Those portions of Lot 8 of Section 34, Township 12 South, Range 4 West, San Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the Official Plat thereof, described as follows: PARCEL I (EXHIBIT ItAt1) BEGINNING at the Southeast corner of Lot 15 of said Section 34; thence along the Northerly line of said Lot 8, North 83O57'32" East, 65.80 feet; thence South 74°00'00't East, 4.87 feet; thence South 78O35'48'I West, 71.46 feet to the Easterly line of said Lot 15; thence along said Easterly line, North 0Oo27'1Ott West, 8.55 feet to the POINT OF BEGINNING I. PARCEL II (EXHIBIT IIB") BEGINNING at the Southeast corner of Lot 9 of said Section 34; thence along the Easterly line of said Lot 8, South 00°31103tt West, 39.82 feet to a point on the arc of a non-tangent, 1,740 foot radius curve, concave Southerly, a radial line to said point bears North 13°05'201' East; thence Westerly along the arc of said curve through a central angle of 04°29'061t a distance of 136.20 feet; thence non-tangent to said curve, North 83O57'32" East, 134.84 feet to the POlNT OF BEGINNING II. PARCEL 111 (EXHIBIT "B1') TOGETHER with that portion of Lot 8 of Section 35, Township 12 South, Range 4 West, San Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, described as follows: BEGINNING at the Southeast corner of Lot 9 of said Section 34; thence along the Northerly line of said Lot 8, South 61°01146'1 East, 166.00 feet to a point on the arc of a non-tangent, 1,740 foot radius curve, concave Southerly, a radial line to said point bears North 18°04'021' East; thence Westerly along the arc of said curve through a central angle of 04°5814211 a distance of 151.19 feet to the Westerly line of said Lot 8; thence along said Westerly line, North 00°31'0311 East, 39.82 feet to the POINT OF BEGINNING 111. TOGETHER with the right of access to ingress and egress over, under, and across said Grantor's land to install (including his successors and assigns), construct, maintain, repair, replace, reconstruct, and inspect any structures or grading deemed necessary for the mitigation requirements of the California Coastal Commission and City of Carlsbad. All as shown for convenience sake on Exhibit "A" and Exhibit l'B1' attached hereto and made a part hereto by this reference. , , , # 19 Dated this eighth day of January 87 . - Community,BaFk, a California Corporation bv } S.S. STATE OF CALIFORNIA COUNTY OFL+??L&?&~ On this the& 7;u - Ly of- 1983 before me, the undersigned, a Notary Public in and for aid County and State, personally appeared -h&~!L+~-di:-~??k~-- , personally known to me 0‘. proved to me on the basis of satisfactory-evidence to be ch&%=u&President, and hW rteflcf, Ld(W . .. ._. .- ... ~ ersonall known tQlDe or proved to me on the basis of satisfactory evidence to be LKe __ fde5‘&%& of the corporation that executed the within instrument on behalf of the corporation therein named, and acknow- ledged to me that such corporation executed the within instrument pursuant to its by-laws or apSolution of it’s board of directors. ---.......- - _. - .~ 1- - SAFECO TITLE INSURANCE FOR NOTARY SEAL OR STAMP Notary Public in and for said County and State This Is to certify that the interest in real property conveyed by the foregoing Grant Deed to the City of Carlsbad, a municipal corporation is hereby accepted by the City Council of said City of Carlsbad, California pursuant to Resolution No. adopted on , and the Grantee consents to recordation thereof by its duly authorized officer. Dated BY kI~~HA L. RKUTOJmr, CIIY CLtm I PROPOSED GRADING EASEMENT AREA : 360 S.F. A.P.N. 216-110-21 WILLDAN ASSOCIATES CWWLTIHa ENOlMELlb RLANNEM W &nl oIIc*xI* lllR rn u*o.oQcA?ll~ m.ttw EXHIBIT 'A' I I #36022 PROPOSED GRADING EASEMENT 1st AREA : 0.121 ACRES EXHIBIT 'B' \ 1 WILLDAN ASSOCIATES CONSULTINO EMOlN€CRS PLANNERS W uu -urn tl.wI D104un12Y 4s.IlW 1 1 #36022 A.P.N. 216-110-21 & 216-122-26 I 1' - AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, made and entered into as of the day of Y 19 , by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City," and Willdan Associates, hereinafter referred to as "Consultant .'I RECITALS City requires the services of Willdan Associates to provide the necessary engineering services for the La Costa Avenue Corridor projects; and Consultant possesses the necessary skills and qualifications to provide the services required by City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and a Consultant agree as follows: 1. CONSULTANT 'S OBLIGATIONS Consultant shall provide extended engineering services for the La Costa Avenue Corridor projects in accordance with the terms, conditions, and fees as described in the attached proposal dated February 19, 1987 which is hereby incorporated by reference and made a part of this agreement. Consultant shall perform the work diligently and in a professional manner under the direction of the City's Municipal Projects Department. 4 2. CITY OBLIGATIONS The City shall pay Consultant in accordance with the terms, conditions and rates as described in the aforementioned proposal dated February 19, 1987. 3. PROGRESS AND COMPLETION The work under this Contract will begin upon approval of this agreement by the City Council of the City of Carlsbad and execution of said agreement by Consultant. Work under the terms of this agreement shall extend until such time as the necessary extended engineering services as described in the aforementioned proposal are completed. Extensions of time may be granted if requested by the Consultant and agreed to in writing by the Municipal Projects Manager. In consideration of such requests, the Municipal Projects Manager will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of the Consultant, or delays caused by City inaction or other agencies' lack of timely act ion. 4. FEES TO BE PAID TO CONSULTANT The fees payable according to Paragraph 5, "Payment of Fees", shall be in accordance with the rates and fee structure as described in the aforementioned Consultant proposal. No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 6, "Changes in Wo rk". 5. PAYMENT OF FEES Payment of fees shall be upon delivery of invoices submitted by Consultant and reviewed and approved by City. -3- I 6. CHANGES IN WORK If, in the course of this Contract, changes seem merited by the Consultant or the City, and informal consultations with the other party indicate that a change in the conditions of the Contract is warranted, the Consultant or the City may request a change in Contract. Such changes shall be processed by the City in the following manner: A letter outlining the required changes shall be forwarded to the City or Consultant to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. After reaching mutual agreement on the proposal, a supplemental agreement shall be prepared by the City and approved by the City Council. Such supplemental agreement shall not render ineffective or invalidate unaffected portions of the agreement. Changes requiring immediate action by the Consulta.nt or City shall be ordered by the Municipal Projects Manager who will inform a principal of the Consultant's firm of the necessity of such action and follow up with a supplemental agreement covering such work. 7. DESIGN STANDAROS The Consultant shall prepare the plans and specifications and other work as may be required by City or special counsel during the course of this project in accordance with the design standards of the City of Carlsbad and recognized current design practices. Applicable City of Carlsbad Standards and Regional Standards shall be used where appropriate. Copies of such standards shall be obtained from the City of Carlsbad. -L- e 8. COVENANTS AGAINST CONTINGENT FEES The Consultant warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making this agreement. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 9. NONDISCRIMINATION CLAUSE The Consultant shall comply with the State and Federal Ordinances regarding nondiscrimination. 10. TERMINATION OF CONTRACT ~ ~ ~~ In the event of the Consultant's failure to prosecute, deliver, or perform the work as provided for in this Contract, the City may terminate this Contract for nonperformance by notifying the Consultant by certified mail of the termination of the Contract. The Consultant, thereupon, has five (5) working days to deliver said documents owned by the City and all work in progress to the Municipal Projects Manager. The Municipal Projects Manager shall make a determination of fact based upon the documents delivered to City of the percentage of work which the Consultant has performed which is usable and of worth to the - _- -5- City in having the Contract completed. Based upon that finding as reported to the City Council, the Council shall determine the final payment of the Contract. 11. DISPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this Contract, shall be reduced to writing by the principal of the Consultant or the Municipal Projects Manager. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The Municipal Projects Manager or principal receiving the letter shall reply to the letter along with a recommended method of resolution within ten (IO) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the Office of the City Manager. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. 12. RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render professional engineering services for the La Costa Avenue Corridor projects. Any payments - I -5- made to Consultant are compensation solely for such services. Consultant shall certify as to the correctness of all designs and sign all plans, specifications, and estimates furnished with Registered Civil Engineer's number, (or Landscape Architect's registration number). 13. SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of the City, the Consultant shall assemble the work product and put same in order for proper filing and closing and deliver said product to City. In the event of termination, the Consultant shall be paid for work performed to the termination date; however, the total shall not exceed the guaranteed total maximum. The City shall make the final determination as to the portions of tasks completed and the compensation to be made. Compensation to be made in compliance with the Code of Federal Regulations. 14. STATUS OF THE CONSULTANT The Consultant shall perform the services provided for herein in Consultant's own way as an independent Contractor and in pursuit of Consultant's Independent calling, and not as an employee of the City. Consultant shall be under control of the City only as to the result to be accomplished and the personnel assigned to the project, but shall consult with the City as provided for in the request for proposal. The Consultant is an independent contractor of the City. The payment made to the consultant pursuant to this contract shall be the full and complete compensation to which the I - - -,- consultant is entitled. The City shall not make any federal or state tax withholdings on behalf of the consultant. The City shall not be required to pay any workers compensation insurance on behalf of the consultant. The consultant agrees to indemnify the City for any tax, retirement contribution, social security, overtime payment, or worker's compensation payment which the City may be required to make on behalf of the consultant or any employee of the consultant for work done under this agreement. 15. CONFORMITY TO LEGAL REQUIREMENTS The Consultant shall cause all drawings and specifications to conform to all applicable requirements of law: Federal, State, and local. Consultant shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary. The City will provide copies of the approved plans to any o the r agencies . 16. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of the City, whether the work for which they are made be executed or not. In the event this Contract is terminated, all documents, plans, specifications, drawings, reports, and studies shall be delivered forthwith to the City. Consultant shall have the right to make one (1) copy of the plans for his/her records. 17. HOLD HARMLESS AGREEMENT The City, its agents, officers, and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatever, -0- .I nor for personal injuries or death caused by or resulting from, or claimed to have been caused by, or resulting from, any intentional or negligent acts, errors or omissions of Consultant or Consultant's agents, employees, or representatives. Consultant agrees to defend, indemnify, and save free and harmless the City and its authorized agents, officers, and employees against any of the foregoing liabilities or claims of any kind and any cost and expense that is incurred by the City on account of any of the foregoing liabilities, including liabilities or claims by reason of alleged defects in any plans and specificat ions. 18. ASSIGNMENT OF CONTRACT The Consultant shall not assign this Contract or any part thereof or any monies due thereunder without the prior written consent of the City. 19. SUBCONTRACTING If the Consultant shall subcontract any of the work to be performed under this Contract by the Consultant, Consultant shall be fully responsible to the City for the acts and omissions of Consultant's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this Contract shall create any contractual relationship between any subcontractor of Consultant and the City. The Consultant shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this Contract applicable to Consultant's work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. 20. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of any architectural, engineering inspection, construction or material supply Contractor, or any subcontractor in connection with the construction of the project, shall become directly or indirectly interested personally in this Contract or in any part thereof. No officer, employee, architect, attorney, engineer, or inspector of or for the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or other similar functions in connection with the performance of this Contract shall become directly or indirectly interested personally in this Contract or any part thereof. 21. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during, or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained nor such verbal agreement or conversation entitle the Consultant to any additional payment whatsoever under the terms of this Contract. - !O - 22. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 17, "Hold Harmless Agreement", all terms, conditions, and provisions hereof shall insure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 23. EFFECTIVE DATE This agreement shall be effective on and from the day and year first above written. 24. CONFLICT OF INTEREST The Consultant shall file a Conflict of Interest Statement with the City Clerk of the City of Carlsbad in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals. WILLDAN ASSOCIATES BY CITY OF CARLSBAD: ATTESTED: hL.L- 'City Clerk - 4 cont. - - .LLDAN ASSOCIATES 2 I . February 19, 1987 Mr. John Cahill CITY OF CARLSBAD 2075 Las Palmas Drive Carlsbad, CA 92009 Subject: Change in Scope of Work - La Costa Avenue Corridor Projects Dear John: In accordance with your request, this proposal is being submitted for changes in the Scope of Work in connection with the La Costa Avenue corridor pro- jects. The change in Scope of Work are summarized as follows: 1. 2. 3. 4. 5. Provide aerial photography and graphics for project presentation to the California State Coastal Commission. This material was provided to the City on November 12, 1986. Prepare composite right-of-way drawings, provide multiple copies of plans and other documents for the purpose of appraisal for eminent domain proceedings. This material was provided at your request on February 6, 1987. Attend meetings, as required by the City, for the purpose of providing professional engineering services relating to acquisition of rights-of-way under eminent domain proceedings. These meetings are those that could be considered in addition to meetings connected directly with project design. Revise deed descriptions and plats for street rights-of-way to describe the following as separate parcels under common ownership: a) Street right-of-way; b) c) Slope or grading right-of-way; and Right-of-way required for retaining wall tieback supports. These deed descriptions will involve only those parcels on the south side of La Costa Avenue. Review easement documents prepared by VTN for HPI Properties for cor- rectness and conformance with plans for the improvement of La Costa Avenue and the La Costa Corridor Mitigation project. 6363 GREENWICH DRIVE SUITE 250 SAN DIEGO, CALIFORNIA 92122 (619) 457-1 199 / -22 - .dry 19, 1987 . Proposal' to John Cahill 'CITY OF CARLSBAD Page Two 6. Attend meetings directly related to negotiation with HPI Properties, as required by the City for the acquisition of rights-of-way or changes in project plans resulting from, or in conformance with, requests by HPI Properties. 7. Provide survey staking services to establish property lines andlor ease- ment lines for the La Costa Avenue Corridor Mitigation project. This service will be performed prior to, and for the purpose of, potential contractors identifying the area of work prior to bid opening for that specific project. Additional staking or construction staking for this purpose would be provided under a separate contract during the con- struction phase of this project. In view of possible innovation at the time of survey, the cost of any required equipment rental will be added to the fee on an at cost basis. By letter dated January 28, 1987 (copy attached), we provided you proposed fees for the purpose of preparing irrigation plans and additional monitoring time for the La Costa Avenue Corridor Mitigation project. tfowever, this information is reiterated, herein, so that all proposed additional work is covered by one proposal. Proposed Fees The proposed fees for the above itemized changes in Scope of work are as follows: 1. Aerial photography & presentation graphics 8 7,772.42 2. Composite right-of-way , prepare appraisal materia I 1,500.00 3. Right-of-way acquisition consultation 1,500.00 4. Revise right-of-way descriptions 3,500.00 5. Review VTN easement documents 800.00 6. Revise plans per HPI requirements 750.00 7. Stake easement lines 8. Monitor revegetation-additional 1 year 9. Provide permanent irrigation plan TOTAL 3,000.00 2,600.00 5,000.00 $26,422.42 2. '43 I - February 13, 1987 v 'Proposal to John Cahill CITY OF CARLSBAD Page lhree This proposal is prepared on a fixed fee basis for each item listed, in accor- dance with you request. The basis of the fees is on expended and antici- pated time and materials for each item of work. We thank you for the opportunity of presenting this proposal and look for- ward to a continuing working relationship with you in completing this project as expeditiously as possible. If you wish more clarification as to the exact scope of changes, please feel free to contact me at any time. Very truly yours, WILLDAN ASSOCIATES T/>J&7&&y ' David M. Ashley 7- Division Manager Public Works Division DMA : js P 87-36 I - AGREEMENT FOR APPRAISAL SERVICES day THIS AGREEMENT, made and entered into as of the of P 19 ? by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as trCity,'f and the Lee C. Johnson Company, hereinafter referred to as "Consultant." RECITALS City requires the services of the Lee C. Johnson Company to provide the necessary appraisal services for the La Costa Avenue Corridor projects; and Consultant possesses the necessary skills and qualifications to provide the services required by City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and a Consultant agree as follows: 1. CONSULTANT'S OBLIGATIONS Consultant shall provide appraisal services for the La Costa Avenue Corridor projects in accordance with the terms, conditions, and fees as described in the attached proposal dated February 11, 1987 which is hereby incorporated by reference and made a part of this agreement. Consultant shall perform the work diligently and in a professional manner under the direction of the City's Municipal Projects Department. -2- 2, CITY OBLIGATIONS The City shall pay Consultant in accordance with the terms, conditions and rates as described in the aforementioned proposal dated February 11, 1987. 3. PROGRESS AND COMPLETION The work under this Contract will begin upon approval of this agreement by the City Council of the City of Carlsbad and execution of said agreement by Consultant. Work under the terms of this agreement shall extend until such time as the necessary appraisal services as described in the aforementioned proposal are completed. Extensions of time may be granted if requested by the Consultant and agreed to in writing by the Municipal Projects Manager. In consideration of such requests, the Municipal Projects Manager will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of the Consultant, or delays caused by City inaction or other agencies' lack of timely action. 4. FEES TO BE PAID TO CONSULTANT The fees payable according to Paragraph 5, "Payment of Fees", shall be in accordance with the rates and fee structure as described in the aforementioned Consultant proposal. No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 6, "Changes in Work". 5. PAYMENT OF FEES Payment of fees shall be upon delivery of invoices submitted by Consultant and reviewed and approved by City. -3- 6. CHANGES IN WORK -~ If, in the course of this Contract, changes seem merited by the Consultant or the City, and informal consultations with the other party indicate that a change in the conditians of the Contract is warranted, the Consultant or the City may request a change in Contract. Such changes shall be processed by the City in the following manner: A letter outlining the required changes shall be forwarded to the City or Consultant to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. After reaching mutual agreement on the proposal, a supplemental agreement shall be prepared by the City and approved by the City Council. Such supplemental agreement shall not render ineffective or invalidate unaffected portions of the agreement. Changes requiring immediate action by the Consultant or City shall be ordered by the Municipal Projects Manager who will inform a principal of the Consultant's firm of the necessity of such action and follow up with a supplemental agreement covering such work. 7. COVENANTS AGAINST CONTINGENT FEES ~ ~ The Consultant warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making this agreement. For breach or violation of this warranty, the City -4- -I shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 8. NONDISCRIMINATION CLAUSE The Consultant shall comply with the State and Federal 0 r d i n a n c e s r eg a r d i n g n o n d i s c r i m i n.a t i o n . 9. TERMINATION OF CONTRACT In the event of the Consultant's failure to prosecute, deliver, or perform the work as provided for in this Contract, the City may terminate this Contract for nonperformance by notifying the Consultant by certified mail of the termination of the Contract. The Consultant, thereupon, has five (5) working days to deliver said documents owned by the City and all work in progress to the Municipal Projects Manager. The Municipal Projects Manager shall make a determination of fact based upon the documents delivered to City of the percentage of work which the Consultant has performed which is usable and of worth to the City in having the Contract completed. Based upon that finding as reported to the City Council, the Council shall determine the final payment of the Contract. 10. DISPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operating -5- -4 under the provisions of this Contract, shall be reduced to writing by the principal of the Consultant or the Municipal Projects Manager. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The Municipal Projects Manager or principal receiving the letter shall reply to the letter along with a recommended method of resolution within ten (IO) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the Office of the City Manager. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. 11. RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render professional appraisal services for the La Costa Avenue Corridor projects. Any payments made to Consultant are compensation solely for such services. 12. SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of the City, the Consultant shall assemble the work product and put same .in order for proper filing and closing and deliver said product to City. In the event of termination, the Consultant shall be -6- .I paid for work performed to the termination date; however, the total shall not exceed the guaranteed total maximum. The City shall make the final determination as to the portions of tasks completed and the compensation to be made. Compensation to be made in compliance with the Code of Federal Regulations. 13. STATUS OF THE CONSULTANT The Consultant shall perform the services provided for herein in Consultant's own way a5 an independent Contractor and in pursuit of Consultant's Independent calling, and not as an employee of the City. Consultant shall be under control of the City only as to the result to be accomplished and the personnel assigned to the project, but shall consult with the City as provided for in the request for proposal. The Consultant is an independent contractor of the City. The payment made to the consultant pursuant to this contract shall be the full and complete compensation to which the consultant is entitled. The City shall not make any federal or state tax withholdings on behalf of the consultant. The City shall not be required to pay any workers compensation insurance on behalf of the consultant. The consultant agrees to indemnify the City for any tax, retirement contribution, social security, overtime payment, or worker's compensation payment which the City may be required to make on behalf of the consultant or any employee of the consultant for work done under this agreement. 14. CONFORMITY TO LEGAL REQUIREMENTS The Consultant shall cause all drawings, specifications, legal descriptions, appraisal data, or other documentation - -7- .I related to this project to conform to all applicable requirements of law: Federal, State, and local. Consultant shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary. The City will provide copies of the approved plans to any other agencies. 15. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, appraisal data, and specifications as herein required are the property of the City, whether the work for which they are made be executed or not. In the event this Contract is terminated, all documents, plans, specifications, drawings, reports, and studies shall be delivered forthwith to the City. Consultant shall have the right to make one (1) copy of the plans for his/her records. 16. HOLD HARMLESS AGREEMENT The City, its agents, officers, and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatever, nor for personal injuries or death caused by, or resulting from, or claimed to have been caused by, or resulting from, any intentional or negligent acts, errors or omissions of Consultant or Consultant's agents, employees, or representatives. Consultant agrees to defend, indemnify, and save free and harmless the City and its authorized agents, officers, and employees against any of the foregoing liabilities or claims of any kind and any cost and expense that is incurred by the City on account of any of the foregoing liabilities, including liabilities or claims by reason of alleged defects in any plans and specifications. -*I w- .-- -8- ., 17. ASSIGNMENT OF CONTRACT The Consultant shall not assign this Contract or any part thereof or any monies due thereunder without the prior written consent of the City. 18. SUBCONTRACTING If the Consultant shall subcontract any of the work to be performed under this Contract by the Consultant, Consultant shall be fully responsible to the City for the acts and omissions of Consultant's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this Contract shall create any contractual relationship between any subcontractor of Consultant and the City. The Consultant shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this Contract applicable to Consultant's work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. 19. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of any architectural, engineering inspection, construction or material supply Contractor, or any subcontractor in connection with the construction of the project, shall become directly or indirectly interested personally in this Contract or in any part thereof. NO officer, employee, architect, attorney, engineer, or inspector of or for the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or other similar functions in connection with the performance of this Contract shall become directly or indirectly interested personally in this Contract or any part thereof. 20. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during, or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained nor such verbal agreement or conversation entitle the Consultant to any additional payment whatsoever under the terms of this Contract. 21. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 16, "Hold Harmless Agreement", all terms, conditions, and provisions hereof shall insure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 22. EFFECTIVE DATE This agreement shall be effective on and from the day and year first above written. 23. CONFLICT OF INTEREST The Consultant shall file a Conflict of Interest Statement with the City Clerk of the City of Carlsbad in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. IN WLTNESS WHEREOF, we have hereunto set our hands and seals. LEE C. JOHNSON COMPANY CITY OF CARLSBAD: - Title ATTESTED: 4 8321 Lemon Avenue La Mesa, California 92041.5287 LEE C. JOHNSON COMPANY LEE C. JOHNSON. MAI. SRPA ROBERT J. PFLIMLIN. SR/WA RANOY A. TAGG KENNETH A. WEAGY JEFFREY C. JOHNSON JOEL S. JOHNSON ESTELLE GEHRINGER KEITH 0. WRIGHT (619) 462-4350 February 11, 1987 Mr. Frank Mannen, Assistant City Manager 1200 Elm Avenue Carlsbad, CA 92008 RE: Fee proposal for appraisal services on various ownerships pertaining to the La Costa Avenue widening from Interstate 5 to El Camino Real, Carlsbad Dear Mr. Mannen: Pursuant to your request, we are pleased to submit a proposal for appraisal services on the above-referenced real property. Upon authorization to proceed, we will prepare €or a fee not to exceed $35,000, a narrative report for each ownership in conformance with the Standards of Professional Practice and Ethical Rules of the American Institute of Real Estate Appraisers. Fee will be billed monthly at the rate of $100 per hour of time spent. We will begin the assignment by concentrating on parcels owned by N.B. Hunt. The first formal report will be delivered on or about April 1, 1987 with subsequent reports following. This time schedule assumes that information needed for appraisal purposes will be made available in timely fashion from the City's project engineers. Type of information needed will be primarily relating to calculated areas within the project. It is understood that upon arriving at a final valuation, and prior to writing the formal report, you and legal council will be notified of our conclusions and reason therefore as an aid to settlement. Should the case settle prior to writing a formal report, we will bill you on an hourly basis for work accomplished to date, plus major expenses incurred. REAL ESTATE APPRAISERS AND CONSULTANTS Hr. Frank P!annen, Assistant City Eanager February 11, 1987 Page 2 Time spent in deposition or court shall be at the pay rate of $500 per half day or fraction thereof. If a day is broken by a noon brea.k called by others, both the a.m. and p.m. periods constitute half days regardless of length. After delivery of a formal report, additional time spent by staff in pre-trial preparation will be charged at $100 per hour. If this proposal meets with your approval, a signed copy of this correspondence, returned as our authorization to proceed, will initiate the assignment. We appreciate the opportunity to be of professional service. Sincerely yours, I q- /---- . --_ . /*I f--. --4-Y3 c Lee C. Johnson Company Approved : Signed Dated ,UT : eg LEE C. JOHNSON COMPANY EXHIBIT 5 , AGREEMENT FOR RIGHT-OF-WAY NEGOTIATION SERVICES THIS AGREEMENT, made and entered into as of the day , by and between the CITY OF CARLSBAD, a - of 9 19 municipal corporation, hereinafter referred to as "City," and the MacFarlane and Associates, hereinafter referred to as "Consultant ." RECITALS City requires the services of MacFarlane and Associates to provide the necessary negotiation services for the La Costa Avenue Corridor projects; and Consultant possesses the necessary skills and qualifications to provide the services required by City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and a Consultant agree as follows: 1. CONSULTANT'S OBLIGATIONS Consultant shall provide negotiation services for the La Costa Avenue Corridor projects in accordance with the terms, conditions, and fees as described in the attached proposal dated February 11, 1987 which is hereby incorporated by reference and made a part of this agreement. Consultant shall perform the work diligently and in a professional manner under the direction of the City's Municipal Projects Department. a.19 2. CITY OBLIGATIONS ~ The City shall pay Consultant in accordance with the terms, conditions and rates as described in the aforementioned proposal dated February 11, 1987. 3. PROGRESS AND COMPLETION The work under this Contract will begin upon approval of this agreement by the City Council of the City of Carlsbad and execution of said agreement by Consultant. Work under the terms of this agreement shall extend until such time as the necessary negotiation services as described in the aforementioned proposal are completed. Extensions of time may be granted if requested by the Consultant and agreed to in writing by the Municipal Projects Manager. In consideration of such requests, the Municipal Projects Manager will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of the Consultant, or delays caused by City inaction or other agencies' lack of timely act ion. 4. FEES TO BE PAID TO CONSULTANT The fees payable according to Paragraph 5, "Payment of Fees", shall be in accordance with the rates and fee structure as described in the aforementioned Consultant proposal. No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 6, "Changes in Wo rk" . 5. PAYMENT OF FEES Payment of fees shall be upon delivery of invoices submitted by Consultant and reviewed and approved by City. . --, a, 6. CHANGES IN WORK If, in the course of this Contract, changes seem merited by the Consultant or the City, and informal consultations with the other party indicate that a change in the conditions of the Contract is warranted, the Consultant or the City may request a change in Contract. Such changes shall be processed by the City in the following manner: A letter outlining the required changes shall be forwarded to the City or Consultant to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. After reaching mutual agreement on the proposal, a supplemental agreement shall be prepared by the City and approved by the City Council. Such supplemental agreement shall not render ineffective or invalidate unaffected portions of the agreement. Changes requiring immediate action by the Consultant or City shall be ordered by the Municipal Projects Manager who will inform a principal of the Consultant's firm of the necessity of such action and follow up with a supplemental agreement covering such work. 7. COVENANTS AGAINST CONTINGENT FEES The Consultant warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making this agreement. For breach or violation of this warranty, the City -4- *. shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 8. NONDISCRIMINATION CLAUSE The Consultant shall comply with the State and Federal Ordinances regarding nondiscrimination. 9. TERMINATION OF CONTRACT In the event of the Consultant's failure to prosecute, deliver, or perform the work as provided for in this Contract, the City may terminate this Contract for nonperformance by notifying the Consultant by certified mail of the termination of the Contract. The Consultant, thereupon, has five (5) working days to deliver said documents owned by the City and all work in progress to the Municipal Projects Manager. The Municipal Projects Manager shall make a determination of fact based upon the documents delivered to City of the percentage of work which the Consultant has performed which is usable and of worth to the City in having the Contract completed. Based upon that finding as reported to the City Council, the Council shall determine the final payment of the Contract. 10. DISPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operating <- I -5- under the provisions of this Contract, shall be reduced to writing by the principal of the Consultant or the Municipal Projects Manager. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The Municipal Projects Manager or principal receiving the letter shall reply to the letter along with a recommended method of resolution within ten (10) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the Office of the City Manager. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. 11. RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render professional negotiation services for the La Costa Avenue Corridor projects. Any payments made to Consultant are compensation solely for such services. 12. SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of the City, the Consultant shall assemble the work product and put same in order for proper filing and closing and deliver said product to City. In the event of termination, the Consultant shall be -6- paid for work performed to the termination date; however, the total shall not exceed the guaranteed total maximum. The City shall make the final determination as to the portions of tasks completed and the compensation to be made. Compensation to be made in compliance with the Code of Federal Regulations. 13. STATUS OF THE CONSULTANT The Consultant shall perform the services provided for herein in Consultant's own way as an independent Contractor and in pursuit of Consultant's Independent calling, and not as an employee of the City. Consultant shall be under control of the City only as to the result to be accomplished and the personnel assigned to the project, but shall consult with the City as provided for in the request for proposal. The Consultant is an independent contractor of the City. The payment made to the consultant pursuant to this contract shall be the full and complete compensation to which the consultant is entitled. The City shall not make any federal or state tax withholdings on behalf of the consultant. The City shall not be required to pay any workers compensation insurance on behalf of the consultant. The consultant agrees to indemnify the City for any tax, retirement contribution, social security, overtime payment, or worker's compensation payment which the City may be required to make on behalf of the consultant or any employee of the consultant for work done under this agreement. 14. CONFORMITY TO LEGAL REQUIREMENTS The Consultant shall cause all drawings, specifications, legal descriptions, appraisal data, or other documentation -- -I- related to this project to conform to all applicable requirements of law: Federal, State, and local. Consultant shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary. The City will provide copies of the approved plans to any other agencies. 15. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, appraisal data, and specifications as herein required are the property of the City, whether the work for which they are made be executed or not. In the event this Contract is terminated, all documents, plans, specifications, drawings, reports, and studies shall be delivered forthwith to the City. Consultant shall have the right to make one (1) copy of the plans for his/her records. 16. HOLD HARMLESS AGREEMENT The City, its agents, officers, and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatever, nor for personal injuries or death caused by, or resulting from, or claimed to have been caused by, or resulting from, any intentional or negligent acts, errors or omissions of Consultant or Consultant's agents, employees, or representatives. Consultant agrees to defend, indemnify, and save free and harmless the City and its authorized agents, officers, and employees against any of the foregoing liabilities or claims of any kind and any cost and expense that is incurred by the City on account of any of the foregoing liabilities, including liabilities or claims by reason of alleged defects in any plans and specifications. b)ix -8- 17. ASSIGNMENT OF CONTRACT The Consultant shall not assign this Contract or any part thereof or any monies due thereunder without the prior written consent of the City. 18. SUBCONTRACTING If the Consultant shall subcontract any of the work to be performed under this Contract by the Consultant, Consultant shall be fully responsible to the City for the acts and omissions of Consultant's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this Contract shall create any contractual relationship between any subcontractor of Consultant and the City. The Consultant shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this Contract applicable to Consultant's work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. 19. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of any architectural, engineering inspection, construction or material supply Contractor, or any subcontractor in connection with the construction of the project, shall become directly or indirectly interested personally in this Contract or in any part thereof. No officer, employee, architect, attorney, engineer, or inspector - - -9- of or for the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or other similar functions in connection with the performance of this Contract shall become directly or indirectly interested personally in this Contract or any part thereof. 20. VERBAL AGREEMENT OR CONVERSATION ~ ~- No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during, or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained nor such verbal agreement or conversation entitle the Consultant to any additional payment whatsoever under the terms of this Contract. 21. SUCCESSORS OR ASSIGNS ~ ~~ ~~ Subject to the provisions of Paragraph 16, "Hold Harmless Agreement", all terms, conditions, and provisions hereof shall insure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 22. EFFECTIVE DATE This agreement shall be effective on and from the day and year first above written. r 23. CONFLICT OF INTEREST The Consultant shall file a Conflict of Interest Statement with the City Clerk of the City of Carlsbad in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals. MACFARLANE AND ASSOCIATES CITY OF CARLSBAD: .? / Title A%%%P I% Tfi WRM f 0 R M : BY ATTESTED: BIONDO, JR., CITY ArTcq]m RONALD R. SAI I Assistant City Attorney tity Clerk .3IT 5 con:. >Ia-i;-VILLLYE and Lxssociatcs, Inc. 'Real Estate Consultants 30% Sorth Park Way San Diego, CA 92104 February 11, 1987 (619) 297-0331 Mr. John J. Cahill Municipal Projects Manager City of Carlsbad 2075 La5 Palmas Drive Carlsbad, CR 92009 Re: La Costa avenue Widening Project INTERSTRTE 5 to El Camino Real Subject: Contract Rcquisition Proposal - Nine (9) "Easemaents For Public Highway" and Seven (7) "Easemants For Grading, Landscaping Rnd Irrigation" Purposes. Dear Mr. Cahill: In response to your request for an acquisition services proposal, I propose to negotiate the acquisition of the easement interests (partial takings) referenced above for and on behalf of the City of Carlsbad, free and clear of all liens and encumbrances, for an estimated "personal services" fee of 919,200. This fee is based upon an hourly rate of 850 for an estimated time frame of 384 hours. Rpproximately 30 hours of this time frame estimate will be allocated to reviewing the appraisal report, litigation reports, improvement plans and field reviewing the project with the Pro.ject Engineer and the appraiser. The attached "QCQUISITION SERVICES OGREEMENT" (and made a part hereof) outlines the consultant's scope of services, duties of client, compensation provisions, terminat ion provisions, etc. . The following provisions are incorporated herein: (1) the consultant is to be reimbursed for secretarial/word processing services and out-of-pocket expenses such as postage, maps, photographs, Xerox copies, documents, auto mileage, etc. It is estimated that these out-of-pocket expenses should not exceed 92,000 ; (2) the client (City of Carlebad) will provide the consultant with a copy of the City's approved Rppraisal Report for each easement interest to be acquired, litigation/preliminary title reports for each parcel and an acquisition plat delineating thereon each partial taking to be acquired, the area contained in each partial taking, the area of the larger parcel, parcel designation (if applicable) and a copy of the legal description (conveyance document) for each partial taking; 3- = (CRRRCLCU-2- 1 1-8 7 ) Feasibility - Marketing - Valuation Studies. Property Management and Acquisition Services c C,. t r ac t FIcq II i s i t Proposa 1 - cont i nlled : Feb, : y 11, 1387 (3) the client (City of Carlsbad) will provide the const-rltant with background information regarding the scQpe of the project, est irnated date or target date that the City of Carlsbad should have possession of the required easement interests, and the method by which the project is to be financed; (4) the acquisition transactions will be processed through an escrow with the same title company that issues the litigation or preliminary tit le report; (5) the client (City of Carlsbad) will pay for all eligible incidental expenses associated with the e~ijcrow fee, escrow closing costs, including the policy of title insurance; (6) the client (City of Carlsbad) will provide the consultant with a copy of the client's acquisition policies and procedures (if available). If these policies arid procedures have not been documented by Council Resolution, the consultant will provide a suggested document for Council review and approval; (7) the consultant will follow the settlement procedures a5 set forth in the enclosed document tit led "Federal/State Settlement Guide1 ines", unless otherwise directed. (a) the consultant proposes to utilize the enclosed "draft" letter format and the attached Rppraisal Summary Statement form as the initial offer letter for the commencement of negotiations. Your comments and data input (regarding the letter) would be greatly appreciated I The City of Carlsbad will be billed on the basis of "personal services" hours accrued at the rate of $50 per hour; therefore, the total billing could be less than the estimated "personal services" fee of 619,200. In the event of protracted negotiations or unforeseen circumstances, the time frame estimate of 384 hours may be extended, if necessary, by written mutual agreement. If this proposal is satisfactory, please indicate your approval on the enclosed copy of this letter and return same to me in the self-addressed envelope. FI copy of my "Experience and Qualif- icat ions" is enclosed for your informat ion. (CRRRCLCQ-2- 1 1-87) /I - -_ Contract Qcqu i sit Proposal - cent inued: February 11. 1307 If you have any questions regarding my proposal or additional instructions, please call me. Very truly yours, W. L. MacFarl'ane: SR/WR Rcquisition Consultant I WLM/fw Flt tachment /Enclosures aCQUISITION SERVICES QGREEMENT %?ct. i.9-Q---L SCOPE OF SERVICES: ._ .....,.... Consultant to provide a complete real estate service for the acquisition of real property interests a5 may be required by the Client and provide the following services in accordance with the hi ghest FI. B. C. D. E. F. e. . H. standards of Consultant’s professional experience and ethics: Conduct negotiations in a fair, honest and ethical manner. Every reasonable effort will be made to negotiate with the property owner on a person-to-person basis. If the owner designates another party, such as an attorney, to negotiate on their behalf, the Consultant will abide by this request. Review title/litigation reports, appraisal reports and other documents in sufficient detail to properly negotiate with the owner(s) and other parties in interest. Rcquisitions will be negotiated in concert with the appli- cable Federal /St ate const it ut ional /st at ute provisions. Written offers to acquire real property interests will be made by CERTIFIED MQIL, and where possible, a follow-up in person will be made with property owners residing anywhere in the County of San Diego. The Consultant will keep the appraiser advised as to problems relating to the Fair Market Value offer and will provide the appraiser with any additional market data that ha5 been provided by the property owner. The Consultant will keep the Client/Staff advised of the status of negotiations in term5 of the owner’s attitude, problem areas, and the likelihood of a negotiation impasse and the probability of an eminent dommain action. The Con- sultant will recommend eminent domain proceedings in the event an impasse is reached in the negotiation process and provide supporting documentat ion. Consultant will promptly transmit to Client, for acceptance, documents executed by owner(s) or other parties in interest. FI report summarizing the pertinent data relative to the transaction will be included. Consultant will maintain an acquisition file for each parcel and maintain a journal of all contacts made with the proper- ty owner(s1 setting forth a summary of negotiations and other related informat ion. MacFFIRLONE and Rseociates -3 z4 (FICQSERFIG) -_ Rcquisit ion SerL 1s Flgr-eernent - continued: Client agrees to provide Consultant with such information as is possessed by Client and i5 normally supplied to consultants perform- ing acquisition services related to real property including, but not limited to, appraisals, title reports, maps or drawings, acquisition policies, relocat ion assistance provisions, pro.ject financing, etc. Fl. all personal sevices performed by the Consultant will be charged on the basis of time spent on the project and at the hourly rate of $50.00. E. Secretarial and/or Word Processing services in support of the project will be charged at the hourly rate of $16.00. C. Consultant is to be reimbursed for any and all out-of-pocket expenses, in support of the pro.ject, such as auto mileage, maps, photographs, Xerox or photocopies, copies of deeds or other documents, etc. (Fluto mileage reimbursement will be computed of the basis of $0.25 per mile) D. The above fees will be due and payable as follows: (1) Consultant will submit periodic billings (monthly in arrears) to Client for time and expense charages that have accrued, and they will become due and payable upon billing; and, (2) Secretarial/Word Processing services and out-of-pocket expenses will be multiplied by and overhead factor of 1.1s which constitutes the agreed upon method of payment for these services rendered. No agency relationship between Client or Consultant is intended or created by this FIgreement. Consultant is not authorized and shall not at ant time or in any manner represent that it is an agent, servant or employee of Client, it being expressly understood that Consultant is and at all times shall remain a wholly independent contractor. Sestion 6. NON-F1SS I&Eifl,@I L I TY-g Consultant agrees that during the performance of this FIgreement, he/she will not transfer any interest in the same whether by assiignment or novation without the prior written approval of Client. MacFQRLRNE and Flssociates 3- 41 (FICQSERFIG) - - ficq c( 1 si t i Gn Ser e5 i-rgreement .~nt inuec This ggreement may be terminated at any time by either party hereto by giving to the other notice in writing of such termination. In the event of such termination, Client shall compensate the Consultant for his/her personal services and expenses accrued to the date of terniin- ation, a5 estimated by the Consultant. Client shall not be further obligated to Conslutant by reason of such termination irrespective of whether Client shall thereafter proceed with acquisition of a parcel or parcels as to which Consultant made some contact or conducted sionie neqot iat ions. The provisions contained herein, a5 an attachment to a “Contract Qcquisition Propo~al” letter, shall constitute the entire Rgreement between the parties and supercedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter contained hereinabove and in said letter. MacFRRLGNE and Gssociates - hIilcFzUiLllN E :i~l(l ocintcs, Ixic. Red Estate Corisultmts (619) 297-0331 FederaliState Settlement Quidelines I 3078 Nod1 PQI k li'ny a, ,Sari Diego, CA 92104 MacFFlRLFINE and Rssociates subscribes to the follewing Federal/State Settlement Guidelines for those acquisitions which qualify for FRU or similar funding pr-ogranis: FI. Ne-qo-t-jated --Set-t 1-elflent - Rny set t 1 ement wh ich is based on the Client/Rgency approved Fair Market Value estimate. The Consul- tant's authority is limited to the initial appraisal, aniended ap- praisal or updated appraisal, which ha5 been approved by the Client/Flgency as the estimate of Fair Market Value: (1) Flmended Flppraisal - Generally the result of additional mar- ket data being provided by the property owner or an ap- praisal report submitted by the property owner. (2) Updated FIppraisal - Takes into consideration market trans- actions which have occurred between the date of valuation and the date of "les pendens". B. ~dmlnst~-at-~.v~--Se~tl-e-me-nt- - Qny sett lernent, made or authorized to be made by the responsible Client/Rgency official, which is in excess of the Client/Qqency approved estimate of Fair Market Value. The rationale for an administrative settlement should be set forth in writing. In arriving at a determination to approve an administrative settlement, the designated official should full consideration to all pertinent information including: n11 available appraisals, including owner's appraisal. The approved estimate of Fair Market Value. Recent cout awards for similar type properties. The negotiator' 5 journal/recorded inforrriat ion. The range of probable testimony as to fair market value should condemnation be filed. The estimate of trial costs considered in conjunction with other informat ion. The opinion of legal counsel when appropriate. C. Lega?_Se~t-l.em-ent - The legal counsel or official is generally authorized to make a "legal settlement" when it is determined that such action is in the public interest. The rationale for the settlenient should be set forth in writing and should be co- ordinated with the responsible acquisition official. - >IacF,lRLILYE and A -.,Sociates, Inc. Real Estate Consultants San Diego, CX 92104 - ' ,3078 Soh Park Way m '^ (619) 297-0331 Date -DRFIFT- CERTIFIED MRILIRETURN RECEIPT REQUESTED FIddressee Street City Re: Right-of-way Flcquisit ion, "EFISEMENT FOR PUBLIC HIGHWFIY" and "EFISEMENT FOR GRFIDING, LRNDSCFIPING RND IRRIGRTION" FIffecting FI Portion of fiPN Pro-ject: City of Carlsbad, La Costa Rvenue Widening Project (INTERSTOTE 5 to El Camino Real) Dear Mr. and Mrs. My firm has been retained by the City of Carlsbad to acquire for and on its behalf the easement interests referenced above for the widening of La Costa Ovenue from 1-5 to €1 Camina Real to accmflmodate the construction of a six (6) lane highway. The proposed widening of La Costa FIvenue through your property requires the fallowing easement interests : (1) FIn "easement for public highway" purposes encompassing approxi- mately 0000.00 feet and a temporary construction area encornpassing approximately 0000.00 feet as shown on the enclosed R/W plat. The legal descriptions for the highway easement and the temporary con- struction area are set forth in the enclosed copy of the conveyance document. (2) Fln "easement for grading, landscaping and irrigation" purposes encompassing approximately 0000.00 as shown on the enclosed R/W plat. The legal description far the grading, landscaping and irrigation easement is set forth in the enclosed c@py of the conveyance document. The City of Carlsbad obtained the appraisal services of the LEE C. JOHNSON COMPFINY, to estimate the "Fair Market Value" of the proposed easement takings through your property as referenced above and as set forth in the enclosed conveyance documents. The appraiser's fair market value estimate is shown on the enclosed "Rppraisal Summary Statement". On the basis of this independent fee appraisal dated XXXXX XX, 1987, the City of Carlsbad is prepared to purchase said easement interests for a total considerat ion of 8UC)OOO. Feasibility - Marketing - Valuation Studies,. g7 Propem Management and Acquisition Senlces (RCLTCRRl/DRRFT) .- Re:, R/W Flcquisi .n - continued: Date If the above offer meets with your approval, an escrow will be opened with First FImerican Title Insurance Company, San Diego Office. FIll documents and monies will be deposited in said escrow and the distribution of funds will be administered by the escrow officer in accordance with seller/buyer escrow instructions. The escrow instructions shall provide, but not necessarily be limited to, the following: 1. Easement title to the partial taking will be conveyed free and clear of any and all liens, encumbrances and leasehold interests. 2. The proceeds related to the purchase of said easement taking may be subject to payment demands being made by lienholders in connec- tion with obtaining tax lien releases and beneficiaries of trust deeds in connection with obtaining subordination agreements, etc.. 3. The proposed acquisition and related escrow instructions is subject to the City Council adopting a resolution approving the escrow instructions, accepting the EFISEMENT FOR PUPLIC HIGHWFIV, accepting the EFISEMENT FOR GRQDING, LRNDSCClPING FIND IRRIGRTION and authorizing the expenditure of funds to cover all eligible inci- dental expenses associated with escrow closing costs including the policy of title insurance and the funds necessary to purchase said easement interest. The cost of constructing the proposed El Camin@ Real Widening Project is being financed by _____________________________ . Due to the sensitive nature of the contiguous wetlands, the construction of the improvements a5 proposed must take place during the window important to understand that the City of Carlsbad must have in its posesession the required easement interests no later than . It is period of ..................... to .................... You have the right to review the appraiser's market data (comparable sales transactions) upon request and you also have the right to obtain your own appraisal (at your cost). The City of Carlsbad is prepared to exercise eminent domain proceedings for the acquis- ition of the above referenced property in the event a negotiated transact ion cannot be consummated. It would be most helpful if you would indicate on the enclosed copy of this letter your written approval to proceed with the convey- ance conditioned upon the payment of $00000 as set forth in the enclosed "Qppraisal Summary Statement" and return same to me in the enclosed stamped envelope. On the basis of your written approval, I will immediately open an escrow. Re: , R/W Flcquisit I - continued: 1. Date I am prepared to meet with you at your residence, place of business or my office at a date and time that is convenient for you to review the market data, construct ion drawings and answer any quest ions you may have regarding the project and pro.ject financinq. My phone number is (619) 297-0331. If I am away from my office when you call, please Leave a message with my answering service. Very truly yours, W. L. MacFarlane, SR/WFI Rcquisition Consultant to City of Carlsbad WLM/fw cc: John J. Cahill, Municipal Projects Manager OWNER: RDDRESS : SITUS RDDRESS: RSSESSOR PFIRCEL: LEGRL DESCRIPTION: BPERR-IBFIL 6UMMF)RY STRTEMENT (Partial Taking) PROJECT: PRRCEL : ZONE : GENERRL PLRN: PRESENT USE: BEST USE: TOTRL PROPERTY RRER : QRER TO BE RCQUIRED: Market value of the required property is: The market value estimate of the property being purchased i5 based upon an appraisal prepared in accordance with accepted appraisal procedures. Valuation of your property is based upon an analysis of recent sales of comparable sites and similar properties in this locality taking into consideration the highest and best u5e development of the property. Fln analysis of the proposed acquis- ition and construction considering it5 advantages and disadvantages results in no damage lawfully compensable to the remaining property. TOTaL PFlYMENT IS: MacFarlane & Flssociatea (RSSPT/FORM) _- Rppraisal Summary Staf mt - ccntinued: Page 2 of 2 pages DEFINITION OF MRRKET VRLUE - Rrticle 4, Paragraph 1263,320 of the Civil Procedure Code of the State of California defines Fair Market Value as: "(a) The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by a seller being willing to sell but under no particular or urgent necessity far 50 doing, nor obligated to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all u5es and purposes for which the property is reasonably adaptable and available." "(b) The fair market value of property taken for which there is no relevant market is it5 value on the date of valuation as determined by any method of valuation that is just and equitable." This summary represents the amount being offered as just compensation for a partial taking and is presented in compliance with Section 301 of the Uniform Relocation Rssistance and Real Property Rcquisition Policies act of 1970, Public Law 91-646, and/or Chapter 16 of Division 7 of Title .1 of the Government Code and has been derived from a formal appraisal which includes supporting sales data and other documentation. The date of value is ..__, . MacFarlane C Rssociates (QSSPT/FORM) I. <- hlacFARLAi'E and mciates, Itic. Red' Estate Corisultarits 3078 Nodi' Park Way Sen Diego. CA 92104 U. L. MacFarlanr, BRIW (619) 297-0331 REFILTOR - W'PRFIISER/'CUNSUL I F1N r Profmmmional E~porionca J~-ne-.l97B_Cu~rent: Realtor-Glppraiser/Consultant, specializing in (1) Site and R/W acquisition services for public agencies and private de- velopers; (2) Rppraisal services; (3) Replacement Housing Valuation Reports for public agencies; (4) Value enhancement studies; and (5) Business Relocation rea5ibility and Reasonable Probability studies for litigation purposes. Febru a CY - .1-?6.4,r~-ay___i8~- Employed by the City of San Diego as Property Director in charge of the city's consolidated real estate operations which envolved the following: (1) Rcquire title interest in real property commensurate with City use.;; (2) Ilenage City owned real property which is not utilized for City cvper- ations so as to control it5 u5e and develop revenue thrrrugh lease or sale; (3) Provide appraisal services in support of all property management and acquisit icn funct icriq; ('1) ard, Direct, administer and oversee the City' 5 revent-ce producing public facility operations, related operating agreements and contractual service agreements. E!JxL!- 4 ?6-?-_=_Jan~~rY-i-B6-4~- Employed by the Engineering Department, City of San Diego as a Property Supervisor in charge of Rcquisition, Rppraisal and Lease Rdministration services. a!!aust- !?56-_z_M_arch1_?632 Employed by the San Diego County Uepartment of- Pliblic Works, Engineering Division as a Right-of Way Rgent/Hppraiser. June 1953 - July 1956: Employed by the San Diego County Flssessor a5 an Rppraiser. 11. Profomionml Qualification8 Qualified as an expert witness in the County cf San Uiego Superior Court as a real estate consultant/appraiser. State of California Licensed Real Estate Broker, license number 00766222. SR/WFI designation - Senior Member No. 205 of the Inter- national Right-of-Way lksociation. W. i. MacFarlane, SR/_Wfi - Experience and G!~.ral i Licat inrl5 - cent inued: *, I Certified Instructor - Nat ianal Flpartnient Rssociat ion and the California Department of Real Estate. Instructed: I' Pro pert y Maintenance 'I "Clppl icat ion of Management Theory" "Market i ng" "Teaching Methods & Principles" "Organi zat ion/Rdmi nist rat ion" 111, Educational Backpround and Exporioncm Ctt tended : San Diego State University: Graduated 1953 with a BR/BS Degree in Business RdministrationlFlir Science University of California Extension: Completed Certificate in Real Estate (1965) Valuation of Real Property Real Estate Clppraisal and Valuation Estimating of Construction Costs Trends 1c Factors Influencing Real Estate Real Estate Firlance Real Estate Practice Legal aspects of Real Estate Property Management Palomar College: Small Business Management Computer Fundamentals Introduction to Basic Programming (M/PCISIC) Introduction to Micro-Computers L Flpplesoft BRSIC Introduction to UCSD Pascal Qmerican Institute, Real Estate Plppraisers: Course I, Principles of Real Estate Flppraisal Continuing Education - Department of Kea1 Estate Basic Federal Income Tax Considerations for Real Estate Transactions Successful Rpproaches to R. E. Exchanging Real Estate Financing Property Management, The Laws Today The Due On Sale Clause Dilemma Qn Overview of Concepts and Mechanics of Property Management, Evict ions, Management, etc. Standards of Professional Ethics Exchanges W. ‘L. MacFarlane, SR_/WFI - Experience and alt.talS.ications - cant irlued: *< XU. Profmm~ional Rmmociationa RERLTOR - Member of the San Diego Realty Board, California Rssociation of Realtors and the National Rssociation of Realtors SR/WR - Member of San Diego Chapter No. 11 of the International Right-of-way Rssociation Member of the San Diego apartment Rssociation/CRR/NUQ V. Rmprrmrntat ivr Climnts City of National City City of Chula Vista/RQ City of San Marcos City of Carlsbad City of Santee Metropolitan Transit Develop- Fallbrook Sanitary District Cajon Valley School District Grossmont UHS District Lakeside Union School District Point Lorna College ment Board, San Diego Walnut Properties, Inc. Steve a5ara Edward F. Gabrielson K. L. Unruh Rssociates Golden West Rnnex Rancho Cielc, (RIR LOGISTICS) Daley Carpm-ation De nnza Corporation Gremlin Qssc~?ciate,s lhe Drogin Company Genstar, Inc. Penasqui tos, Inc. Udrnark Development Company Service Rmerica Corporation Hazama-Gumi, LTD. Flying 1 igers (LIIX) Lake Family lrust Signal Landmark Properties Jessen Development Co. Centers ide Development Corp. Marlee Electronics (LR) Leadford Estate Jennings, Engstrand 8 Henri kson Qsaro U Keagy Seltzer, Caplan, Wilkins B McMahon Hill, Farrer C Burrill Qshley, Brady C Cerniglia Baxley, Mautino U Ray McLean L McLean lhorsnes, Bartolotta 8 McGu i re Freshman, Mu 1 vaney, Marant z, Corrtsky, Kahan R Uevtsch Procopio, Cory, Hargreaves R Savitch Gaylord L, Henry MIJrfey, Hill & DuVall IT 7 APPOINTMENT AS SPECIAL COUNSEL AND AGREEMENT FOR RIGHT-OF-WAY ACQUISITION SERVICES THIS AGREEMENT, made and entered into as of the day of 9 19 9 by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as and the the law firm of Asaro and Keagy, hereinafter referred to as "Consult ant. It RECITALS City requires the services of the law firm of Asaro and Keagy as special counsel to provide the necessary acquisition services for the La Costa Avenue Corridor projects; and Consultant possesses the necessary skills and qualifications to provide the services required by City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and a Consultant agree as follows: 1. CONSULTANT'S OBLIGATIONS Consultant shall provide acquisition services for the La Costa Avenue Corridor projects in accordance with the terms, conditions, and fees as described in the attached proposal dated February 10, 1987 which is hereby incorporated by reference and made a part of this agreement. Consultant shall perform the work diligently and in a professional manner under the direction of the City's Municipal .. Projects Department. -2- 2. CITY OBLIGATIONS The City shall pay Consultant in accordance with the terms, conditions and rates as described in the aforementioned proposal dated February 10, 1987. 3. PROGRESS AND COMPLETION The work under this Contract will begin upon approval of this agreement by the City Council of the City of Carlsbad and execution of said agreement by Consultant. Work under the terms of this agreement shall extend until such time as the necessary acquisition services as described in the aforementioned proposal are completed. Extensions of time may be granted if requested by the Consultant and agreed to in writing by the Municipal Projects Manager. In consideration of such requests, the Municipal Projects Manager will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of the Consultant, or delays caused by City inaction or other agencies' lack of timely act ion. 4. FEES TO BE PAID TO CONSULTANT The fees payable according to Paragraph 5, "Payment of Fees", shall be in accordance with the rates and fee structure as described in the aforeme.ntioned Consultant proposal. No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 6, "Changes in Work" . 5. PAYMENT OF FEES Payment of fees shall be upon delivery of invoices submitted by Consultant and reviewed and approved by City. -3- r, 6. CHANGES IN WORK If, in the course of this Contract, changes seem merited by the Consultant or the City, and informal consultations with the other party indicate that a change in the conditions of the Contract is warranted, the Consultant or the City may request a change in Contract. Such changes shall be processed by the City in the following manner: A letter outlining the required changes shall be forwarded to the City or Consultant to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. After reaching mutual agreement on the proposal, a supplemental agreement shall be prepared by the City and approved by the City Council. Such supplemental agreement shall not render ineffective or invalidate unaffected portions of the agreement. Changes requiring immediate action by the Consultant or City shall be ordered by the Municipal Projects Manager who will inform a principal of the Consultant's firm of the necessity of such action and follow up with a supplemental agreement covering such work. 7. COVENANTS AGAINST CONTINGENT FEES The Consultant warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making this agreement. For breach or violation of this warranty, the City -4- shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 8. NONDISCRIMINATION CLAUSE The Consultant shall comply with the State and Federal 0 rdi nances regarding nondiscrimination. 9. TERMINATION OF CONTRACT In the event of the Consultant's failure to prosecute, deliver, or perform the work as provided for in this Contract, the City may terminate this Contract for nonperformance by notifying the Consultant by certified mail of the termination of the Contract. The Consultant, thereupon, has five (5) working days to deliver said documents owned by the City and all work in progress to the Municipal Projects Manager. The Municipal Projects Manager shall make a determination of fact based upon the documents delivered to City of the percentage of work which the Consultant has performed which is usable and of worth to the City in having the Contract completed. Based upon that Pinding as reported to the City Council, the Council shall determine the final payment of the Contract. 10. DISPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operating - -5- *, under the provisions of this Contract, shall be reduced to writing by the principal of the Consultant or the Municipal Projects Manager. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The Municipal Projects Manager or principal receiving the letter shall reply to the letter along with a recommended method of resolution within ten (10) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the Office of the City Manager. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. 11. RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render professional acquisition services for the La Costa Avenue Corridor projects. Any payments made to Consultant are compensation solely for such services. 12. SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of the City, the Consultant shall assemble the work product and put same in order for proper filing and closing and deliver said product to City. In the event of termination, the Consultant shall be I L -6- *I paid for work performed to the termination date; however, the total shall not exceed the guaranteed total maximum. The City shall make the final determination as to the portions of tasks completed and the compensation to be made. Compensation to be made in compliance with the Code of Federal Regulations. 13. STATUS OF THE CONSULTANT ~- The Consultant shall perform the services provided for herein in Consultant's own way as an independent Contractor and in pursuit of Consultant's Independent calling, and not as an employee of the City. Consultant shall be under control of the City only as to the result to be accomplished and the personnel assigned to the project, but shall consult with the City as provided for in the request for proposal. The Consultant is an independent contractor of the City. The payment made to the consultant pursuant to this contract shall be the full and complete compensation to which the consultant is entitled. The City shall not make any federal or state tax withholdings on behalf of the consultant. The City shall not be required to pay any workers compensation insurance on behalf of the consultant. The consultant agrees to indemnify the City for any tax, retirement contribution, social security, overtime payment, or worker's compensation payment which the City may be required to make on behalf of the consultant or any employee of the consultant for work done under this agreement. 14. CONFORMITY TO LEGAL REQUIREMENTS The Consultant shall cause all correspondence and documentation or other materials required to perform said I -7- .I services related to this project to conform to all applicable requirements of law: Federal, State, and local. Consultant shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary. The City will provide copies of the approved plans to any other agencies. 15. OWNERSHIP OF DOCUMENTS All studies, sketches, drawings, reports, appraisal data, and other documents as herein required are the property of the City, whether the work for which they are made be executed or not. In the event this Contract is terminated, all documents, plans, specifications, drawings, reports, and studies shall be delivered forthwith to the City. Consultant shall have the right to make one (1) copy of the plans for his/her records. 16. HOLD HARMLESS AGREEMENT The City, its agents, officers, and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatever, nor for personal injuries or death caused by, or resulting from, or claimed to have been caused by, or resulting from, any intentional or negligent acts, errors or omissions of Consultant or Consultant's agents, employees, or representatives. Consultant agrees to defend, indemnify, and save free and harmless the City and its authorized agents, officers, and employees against any of the foregoing liabilities or claims of any kind and any cost and expense that is incurred by the City on account of any of the foregoing liabilities, including liabilities or claims by reason of alleged defects in any .?cumentat ion. I -8- 0. 17. ASSIGNMENT OF CONTRACT The Consultant shall not assign this Contract or any part thereof or any monies due thereunder without the prior written consent of the City. 18. SUBCONTRACTING If the Consultant shall subcontract any of the work to be performed under this Contract by the Consultant, Consultant shall be fully responsible to the City for the acts and omissions of Consultant's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this Contract shall create any contractual relationship between any subcontractor of Consultant and the City. The Consultant shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this Contract applicable to Consultant's work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. 19. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of any architectural, engineering inspection, construction or material supply Contractor, or any subcontractor in connection with the construction of the project, shall become directly or indirectly interested personally in this Contract or in any part thereof. No officer, employee, architect, attorney, engineer, or inspector -9- PI of or for the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or other similar functions in connection with the performance of this Contract shall become directly or indirectly interested personally in this Contract or any part thereof. 20. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during, or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained nor such verbal agreement or Conversation entitle the Consultant to any additional payment whatsoever under the terms of this Contract. 21. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 16, "Hold Harmless Agreement", all terms, conditions, and provisions hereof shall insure to and shall bind each of the parties hereto, and each of their respective heirs, executors,administrators,successors, and assigns. 22. EFFECTIVE DATE This agreement shall be effective on and from the day and year first above written. 73 - 10 - 23. CONFLICT OF INTEREST The Consultant shall file a Conflict of Interest Statement with the City Clerk of the City of Carlsbad in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals. ASARO AND KEAGY Title Assistant City Attorney CITY OF CARLSBAD: ATTESTED: \ City Clerk I I I. 7 cont. c b -. FRANK L. ASARO ROSCOE D. KEAGY RICHARD R. FREELAND JOHN M. TURNER STEVEN A. MCKINLEY ARNOLD NEVES. JR. THOMAS P. SAYER. JR. ASARO & KEAGY ATTORNEYS AT LAW FOURTH FLOOR 3170 FOURTH AVENUE SAN DIEGO. CALIFORNIA 92103 TELEPHONE 16191 297-3170 February 10, 1987 IN REPLY REFER TO Mr. Frank N. Mannen Assistant City Manager 1200 Elm Avenue Carlsbad, CA 92008 Dear Mr. Mannen: The law firm of Asaro & Keagy will provide legal services to the City of Carlsbad relating to the La Costa Avenue Project, including condemnation matters, for the following hourly rates: $125.00 per hour for partners Roscoe 0. Keagy and Richard R. Freeland $90.00 per hour for associates $55.00 per hour for paralegals. These rates are substantially less than those charged to private clients; however, they are consistent with our firm’s charges to other governmental or quasi-governmental entities. We will also bill for actual telephone charges and other costs. All bi month. Please lings are made monthly for work performed the preceding feel free to call should you have any questions, or if you wish to discuss this matter in more detail. We appreciate your asking us to assist you. Very truly yours, ASARO & KEAGY RDK:mad DK : MDLTR/O21087e .CITY OF CARLSBAD. MUNICIPAL PROJECTS DEPARTMENT CONTRACT DOCUMENTS 8i PROJECT SPECIFICATIONS FOR LACOSTAAVENUE AND EL GAMIN0 REAL INTERSECTION IMPROVEMENTS PROJECT + 3215 i . LA COSTA AVENUE AND EL CAMINO REAL INTERSECTION IMPROVEMENTS PROJECT NO. 3215 TABLE OF CONTENTS ITEM - NOTICE INVITING BIDS PROPOSAL BIDDER'S BOND TO ACCOMPANY PROPOSAL DESIGNATION OF SUBCONTRACTORS BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY BIDDER'S STATEMENT OF TECHNICAL ABILITY & EXPERIENCE CONTRACT LABOR AND MATERIALS BOND PERFORMANCE BOND GENERAL PROVISIONS SPECIAL INSURANCE INSTRUCTIONS FOR CONTRACTORS CERTIFICATION OF COMPLIANCE SPECIAL PROVISIONS APPENDIX - STANDARD DRAWINGS - CALIFORNIA DEPARTMENT OF FISH AND GAME PERMIT PAGE - 1 3 10 11 13 14 15 20 22 24 35 38 39 66 -- CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Sealed bids will be received at the Office of the Purchasing Agent, City Hall, 1200 Elm Avenue, Carlsbad, California, until day of 9 19 , at which 4:OO PM on the time they will be opened and read for performi-he work as follows: LA COSTA AVENUE AND EL CAMINO REAL INTERSECTION IMPROVEMENTS CONTRACT NO. 3215 The work shall be performed in strict conformity with the specifications therefor as approved by the City Council of the City of Carlsbad on file in the Municipal Projects Department. Reference is hereby made to the specifications for full particulars and description of the work. No bid will be received unless it is made on a proposal form furnished by the City of Carlsbad. Each bid must be accompanied by security in a form and amount required by law. The bidders' 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 (IO) days after the Contract is awarded. Pursuant to the provisions of law (Government Code Section 4590), appropriate securities may be substituted for any money deposited with the City to secure any obligation required by this notice. The documents which must be completed, properly executed, and notarized are: 1. Proposal 2. Bidder's Bond 3. Designation of Subcontractors 4. Bidder's Statement of Financial Responsibility 5. Bidder's Statement of Technical Ability and Experience 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 $ No bid shall be accepted from a Contractor who has not been licensed in accordance with the provisions of State law. The Contractor shall state his or her license number and classification in the proposal. A total of one hundred ten (110) calendar days is authorized to complete this project. -2- Sets of plans, special provisions, and Contract documents may be obtained at the Purchasing Department, City Hall, Carlsbad, California, for a nonrefundable fee of $25.00 per set. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the Sections 1770, 1773, and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor Code, a current copy of applicable wage rates is on file in the Office of the Carlsbad City Clerk. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible to insure compliance with provisions of Section 1777.5 of the California Labor Code. The provisions of Part 7, Chapter 1, of the California Labor Code commencing with Section 1720 shall apply to the Contract for work. A prebid meeting will be held on at at 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 for rejection of bid. Bonds to secure faithful performance of the work and payment of laborers and materials suppliers each in an amount equal to one hundred percent and fifty percent, respectively, of the Contract price shall be required for work on this project. 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. Approved by the City Council of the City of Carlsbad, California, by Resolution No. , adopted on the day of 9 19 Date Aletha L. Rautenkranz, City Clerk _- I. -3- CITY OF CARLSBAD CONTRACT NO. 3215 PROPOSAL City Council City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 The Undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 3215 in accordance with the Plans and Specifications of the City of Carlsbad, and the Special Provisions and that he/she will take in full payment therefor the following unit prices for each item complete, to wit: Item No. 1. - 2. 3. 4. Item Approximate Descrip. w/Unit Price or Quantity Unit Lump Sum Written in Words and Unit Price Total Clearing and Grubbing, Mobilization and Traffic Control at dollars and cents lump sum. Lump Sum Unclassifed Excavation at cents per cubic dollars and yard. 2,300 C.Y. Unclassified Fill at dollars and cents Der cubic yard. Asphalt Concrete Pavement at dollars 18,000 C.Y. and cents per ton. 2,150 Ton <-' - r, -4- Item Approximate Item Descrip. w/Unit Price or Quantity Unit No. Lump Sum Written in Words and Unit Price Total 5. Aggregate Base Material at dollars and cents per ton. 5,100 Ton 6. Variable Thickness A.C. Overlay at dollars and cents per ton. 660 Ton 7. Pavement Reinforcing Fabric at dollars and cents per square yard. 735 S.Y. 8. 6" Type 'A' A.C. Berm at dollars and lineal foot. 2,115 L.F. cents per 9. 6"Type 'G' Curb and Gutter at dollars and cenfs per lineal foot. 1.570 L.F. 10. Type '8' Concrete Curb at dollars and cents per lineal foot. 11. 5' P.C.C. Sidewalk at dollars and 425 L.F. cents per square foot. 6,110 S.F. 12. Stamped Concrete Median Paving at dollars an, cents per square foot. 615 S.F. 13. Street Survey Monument at dollars and cents per each. 1 Ea. -5- Item Approximat e Descrip. w/Unit Price or Quantity Lump Sum Written in Words and Unit Item No. 14. - 15. 16. 17. 18. 19. 20. - 21. 22. 23. 24. Unit Price Total Street L-ight at dollars and cents per each. 1 Ea. Pedestrian Ramp (Case 'E') at dollars and cents per each. 2 Ea. Concrete Driveway (7 1/2") at dollars and cents per square foot. 200 S.F. Metal Beam Guard Rail at dollars and cents Der lineal 188 L.F. 18 Ea. foot. Reflective Traffic Delineator (Type F-1) at dollars and cents per each. Adjust Water Valve and Cathodic Protection Test Station Covers to Grade at dollars and cents per each. 4 Ea. 18" R.C.P. (1350-0) at dollars and cents Der 172 L.F. lineal foot. 24" R.C.P. (1350-D) at dollars and cents per lineal foot. 56 L.F. 2 Ea. 3 Ea. 2 Ea. Type 'El' Inlet at dollars and cents per each. Curtain Wall at dollars and cents per each. A.C. Spillway at dollars and cents per each. P -6- Item Approximate Item Descrip. w/Unit Price or Quantity No. Lump Sum Written in Words and Unit - 25. Brow Ditch Downdrain at dollars and cents per lineal -. foot. 26. Pipe Collar at dollars and cents per each. 27. Triple IZ'Wx8'H R.C. Box Culvert at dollars and cents per lump sum. 20. Type 'A' Straight Wing wail (~=22') at dollars and cents - per each. 50 L.F. 2 Ea. Lump Sum 1 Ea. 29. Type '8' Straight Wing Wall (L=16') at dollars and cents per each. 1 Ea. 30. Rip-Rap at dollars and cents per cubic yard. 416 C.Y. Unit Price 31. Hydroseed (Non-Irrigated) at dollars and 18" R.C.P. (1350-D) at cents per thousand square feet. 40 M.S.F. 32. Traffic Signal Modification at dollars and cents per lump sum. Lump Sum 33. Traffic Stripe, Legend and Marking at dollars and cents per square foot. 8,300 S.F. 34. Reflective Pavement Marker at dollars and cents per each. 437 Ea. Total -7- Item Approximat e Item Descrip. w/Unit Price or Quantity Unit No. Lump Sum Written in Words and Unit Price Total - 35. Regulatory and Warning Sign at dollars and cents per each. 4 Ea. 36. Job Signs at ~~ dollars and cents per each. 4 Ea. Total amount of bid in words: Total amount of bid in numbers: $ Addendum (a) No(s) has/h ave been received and is/are included in this proposal. -8- 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. The Undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any errors or omissions on the part of the Undersigned in making up 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 City Council of the City of Carlsbad, the proceeds of check or bond accompanying this bid shall become the property of the City of Carlsbad. Licensed in accordance with the Statutes of the State of California providing for the registration of Contractors, License No. Classification The Undersigned bidder hereby represents as follows: 1. That no Councilmember, officer, agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has induced 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 (Cash, Certified Check, Bond, or Cashier's Check7 for the exact dollar amount of ten.percent (10%) of the amount bid or 10% of the bid amount not to exceed 10% of the bid amount. Using "10% of the amount accompanying bid" is not acceptable. dollars. The figure in the blank must exceed -9- The Undersigned is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract. The Undersigned is aware of the provisions of the State of California 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. Phone Number Bidder's Name Date Authorized Signature Authorized Signature Bidder's Address Type of Organization (Individual, Corporation, or Partnership) List below names of President, Secretary, Treasurer, and Manager, if a corporation; and names of all partners, if a partnership: (NOTARIAL ACKNOULEDGENENT OF EXECUTION BY ALL PRINCIPALS NUST BE ATTACHED) (CORPORATE SEAL) - 10 - BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: we 9 9 as That Surety, are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) Principal, and 9 as for which payment will and truly made, we bind outselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these payments. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-bounden principal for: LA COSTA AVENUE AND EL CAMINO REAL INTERSECTION IMPROVEMENTS CONTRACT NO. 3215 in the City of Carlsbad, is accepted by the City Council of said City, and if the above bounden Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of Award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event any Principal above named executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this - day of 9 19 Corporate Seal (If Corporation) Principal Surety BY Title (Notarial acknowledgement of execution bv all PRINCIPALS (Attach acknowledgement of and SURETY must be attached.) Attorney in Fact) - 11 - DESIGNATION OF SUBCONTRACTORS The Undersigned certifies he/she has used the subbids of the following listed Contractors in making up his/her bid and that the subcontractors listed will be used for the work for which they bid, subject to the approval of the Municipal Projects Manager, and in accordance with applicable provisions of the specifications. No changes may be made in these subcontractors except upon the prior approval of the Municipal Projects Manager of the City of Carlsbad. The followinq information is required for each required : Items of Work sub contractor . Additional pages can be Full Company Name Complete Address w/Zip -Code attached, if Phone No. w/Area Code - 12 - DESIGNATION OF SUBCONTRACTORS (continued) The bidder is to provide the following information on the subbids of all the listed subcontractors as part of the sealed bid submission. Additional pages can be attached, if required. Type of State Carlsbad Amount Contracting Business of Full Company Name License & No. License No.* Bid ($ or X> *Licenses are renewable annually. If no valid license, indicate "NONE". Valid license must be obtained prior to submission of signed Contracts. Bidder's Company Name (Notarize or Corporate Seal) Bidder's Complete Address Authorized Signature - 13 - Th of BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY e Undersigned submits herewith a notarized or sealed statement his/her financial responsibility. Signature (Notarize or Corporate Seal) BIDDER'S STATEMENT OF Date Contract Completed - 14 - Name and Phone Name and Address No. of Person Type of Amount of of the Employer to Con.tact Work .Contract TECHNICAL ABILITY AND EXPERIENCE 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, if notarized or sealed. (Notarize or Corporate Seal) Signature - 15 - CONTRACT - PUBLIC WORKS This agreement is made this day of 9 1987, by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called llCitylt>, and whose principal place of business is (hereinafter called "Contractor". ) City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: LA COSTA AVENUE AND EL CAMINO REAL INTERSECTION IMPROVEMENTS CONTRACT NO. 3215 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract documents. 3. Contract Documents. The Contract documents consist of this Contract; the bid documents, including the Notice to Bidders, Instructions to Bidders' and Contractors' Proposals; the Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and the bonds for the project; all of which are incorporated herein by this reference. 4. Pa rnent As full compensation for Contractor's performance hi under this Contract, City shall make payment to Contractor the total amount of $ . per section 9- 3.2 of the Standard Specifications for Public Works Construction, 1985 Edition. The closure date for each monthly invoice will be the 30th of each month. Partial payments will be disbursed monthly for the previous month's invoices according to the following schedule for 1986: January 16 May 15 February 20 June 19 March 20 July 17 April 17 August 21 September 18 October 16 November 20 December 18 Invoices from the contractor shall be submitted according to the required City format to the City's assigned project manager no later than the first Friday of the month. No payments will be made at any time other than those scheduled. - 16 - Payment of undisputed Contract amounts shall be contingent upon Contractor furnishing City with a release of all claims against City arising by virtue of this Contract as it relates to those amounts. Extra compensation equal to 50 percent of the net savings may be paid to Contractor for cost reduction changes in the plans or specifications made pursuant to a proposal by Contractor. The net savings shall be determined by City. No payment shall be made unless the change is approved by the City. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions under 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 in order to overcome unanticipated 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. Contractor Responsible for Unforeseen Conditions. Contractor shall b e responsible for all 1 oss or damage arising out of the nature of the work or from the action of the elements or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City. Contractor shall also be responsible for expenses incurred in the suspension or discontinuance of the work. However, Contractor shall not be responsible for reasonable delays in the completion of the work caused by acts of God, stormy weather, extra work, or matters which the specifications expressly stipulate will be borne by City, 7. Change Orders. City may, without affecting the validity of this Contract, order changes, modifications, deletions, and extra work by issuance of written change orders. Contractor shall make no change in the work without the issuance of a written change order, and Contractor shall not be entitled to compensation for any extra work performed unless the City has issued a written change order designating in advance the amount of additional compensation to be paid for the work. If a change order deletes any work, the Contract price shall be reduced by a fair and reasonable amount. If the parties are unable to agree on the amount of reduction, the work shall nevertheless proceed and the amount shall be determined by arbitration or litigation. The only person authorized to order changes or extra work is the Municipal Projects Manager. However, no change or extra work order in excess of $5,000.00 shall be effective unless approved by the City Council. - 17 - 8. Prevailing Wage. Pursuant to the Labor Code of the State of California, the City Council has ascertained the qeneral prevailing rates of per diem wages for each craft or type of worker needed to execute the Contract and a schedule containing such information is in the City Clerk's office, and is incorporated by reference herein. Pursuant to Labor Code Section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. 9. Indemnity. Contractor shall assume the defense of 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; except for loss or damage which was caused solely by the active negligence of the City; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, unless the loss or damage was caused solely by the active negligence of the City. The expenses of defense include all costs and expenses, including attorneys fees for litigation, arbitration, or other dispute resolution method. IO. Insurance. Without limiting contractor's indemnification, it is agreed that contractor shall maintain in force at all times during the performance of this agreement a policy or policies of insurance covering its operations and insurance covering the liability stated in Paragraph 9. The policy or policies shall comply with the special insurance instructions attached to the bid documents and shall contain the following clauses: Contractor's liability insurance policies shall contain the following clauses: A. "The City is added as an additional insured as respects operations of the named insured performed under contract. with the City.)' B. "It is agreed that any insurance maintained by the City shall apply in excess of and not contribute with, insurance provided by this policy." All insurance policies required by this paragraph shall contain the following clause: - 18 - A. "This insurance shall not be cancelled, limited or non- renewed until after thirty days written notice has been given to the City." Certificates of insurance evidencing the coverages required by the clauses set forth above shall be filed with the City prior to the effective date of this agreement. 11. Workers ' Compensation. Contractor shall comply with the reauirements of S ection 3700 of the California Labor Code. Contractor shall also assume the defense and indemnify and save harmless the City and its officers and employees from all claims, loss, damage, injury, and liability of every kind, nature, and description brought by any person employed or used by Contractor to perform any work under this Contract regardless of responsibility for negligence. 12. Proof of Insurance. Contractor shall submit to the City certification of the policies mentioned in Paragraphs 10 and 11 or proof of workers' compensation self-insurance prior to the start of any work pursuant to this Contract. 13. Arbitration. Any controversy or claim in any amount up to $100,000 arising out of or relating to this Contract or the breach thereof may, at the option of City, be settled by arbitration in accordance with the construction industry rules of the American Arbitration Association and judgment upon the award rendered by the arbitrator(s1 may be entered in any California court having jurisdiction thereof. The award of the arbitrator(s) shall be supported by law and substantial evidence as provided by the California Code of Civil Procedure, Section 1296. 14. Maintenance of Records. Contractor shall maintain and make available to the City, upon request, records in accordance with Sections 1776 and 1812 of Part 7, Chapter I, Article 2, of the California 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. 15. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with Section 1720 of the California Labor Code are incorporated herein by reference. 16. Securit . Pursuant to the requirements of law (Governement dtion 4590) appropriate securities may be substituted for any monies withheld by City to secure performance of this Contract or any obligation established by this Contract - 19 - 17. Additional Provisions. Any additional provisions of this agreement are set f' orth in the "General Provisions1' or "Special Provisons" attached hereto and made a part hereof. Contractor (Seal) (Notarial acknowledgement of BY execution by ALL PRINCIPALS must be attached.) Title APPROVED AS TO FORM: BY Title CITY OF CARLSBAD, CALIFORNIA Assistant City Attorney Mayor, for Contracts $5,000 and above tity Manager, for Contracts less than $5,000 ATTEST: City Clerk Contractor's Certification of Awareness of Workers' Compensation Responsibility. "1 am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.'' Contractor 4 - 20 - LABOR AND MATERIALS BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. , adopted , has awarded to (hereinafter designated as the "Principal"), a Contract for: LA COSTA AVENUE AND EL CAMINO REAL INTERSECTION IMPROVEMENTS CONTRACT NO. 3215 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract documents now on file in the Office of the City Clerk of the City of Carlsbad and incorporated by this reference. WHEREAS, said Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond with said Contract, providing that if said Principal or any of his/her or its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, 9 as Principal, (hereinafter designated as the "ContractorI1), and - -as Surety, are held firmly bound unto the City of Carlsbad in the sum of Dollars ($ 1, said sum being fifty per cent (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 OBLIGATION IS SUCH that if the person or his/her subcontractors fail to pay for any materials, provisions, provender or other 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, that the Surety or Sureties will pay for the same, in . an amount not exceeding the sum specified in the bond, and, also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the court, as required by the provisions of Section 4202 of the Government Code of the State of California. - 21 - This c omp bond 1192.1 of action to nies shall inure to the benefit of any and all persons, nd co poratio s entitled to file claims inder Section the Code of Civil Procedure so as to give a right of them or their assigns in any suit brought upon this bond, as required by the provisions of Section 4205 of the Government Code of the State of California. In the event any Contractor above named executed this bond as an individual, it is agreed the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and Surety above named, on the day of - - , 198 (Notarize or Corporate Seal for each Signer) Contract or Surety 'i ,' i PERFORMANCE BOND - 22 - KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. , adopted , has (hereinafter designated as the "Principal"), a Contract for: awarded to 9 LA COSTA AVENUE AND EL CAMINO REAL INTERSECTION IMPROVEMENTS CONTRACT NO. 3215 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, said Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance of said Contract; NOW, THEREFORE, WE, 9 as Principal, (hereinafter designated as the "Contractor"), and as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of 9 ~~ Dollars ($ 1, said sum being equal to one hundred per cent (100%) of the estimated amount of the Contract, to be paid to the said 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, his/her or its 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 said Contract and any alteration thereof made as therein provided on his/her or 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 and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. And said Surety, for value received, hereby 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 - 23 - 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. In the event that any Contractor above named executed this bond as an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the da; of Contractor and Surety above named on the - 9 19 (Notarize or Corporate Seal for Each Signer) Contractor Surety - 24 - GENERAL PROVISIONS 1. PLANS AND SPECIFICATIONS The specifications for the work shall consist of the latest edition of the Standard specifications for Public Works Construction, hereinafter designated SSPWC, as issued by the Southern Ch apters of the American Public Works Association. the City of-Carlsbad supplement to the SSPWC, the San Diego Regional Standard Special Provisions supplement to the SSPWC, the Contract documents, and the General and Special Provisions attached thereto. In case of conflict between the SSPWC and these Special Provisions, the Special Provisions shall take precedence over and shall be used in lieu of such conflicting portions of either the SSPWC or the General Provisions. The Construction Plans consist of eight(8)sheet(s) designated as City of Carlsbad Drawing No. 270-7. The standard drawings utilized for this project are the San Diego Area Regional Standard Drawings, hereinafter designated SDRS , as issued by the S an Diego County Department of Transportation, together with the City of Carlsbad Supplemental Standard Drawings. Copies of pertinent standard drawings are enclosed with these documents. The reflective pavement marker, regulatory sign, traffic signal and traffic delineator installation work included herein shall be performed in accordance with the State of California business and Transportat ion Agency Department of Transportation Standard Secifications dated July, 1904 and the Standard Plans dated July, 1984 (hereinafter referred to as 'State' or 'Caltrans' Standard Plans and Specifications) and in accordance with these Special Provisions. 2. WORK TO BE DONE The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the project work as shown on the project plans and as specified in the specifications. 3. DEFINITIONS-AND INTENT A. Engineer: The word "Engineer" shall mean the City Engineer, Municipal Projects Manager, or his approved representative. B. C. D. E. ,- . - 25 - Reference to Drawings: Where wo r ds Its hown" , de t ai 1 e d" , 'In o t ed" , "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. ''i nd i c a t ed" , Direct ions: 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 City Engineer or Municipal Projects Manager", unless stated otherwise. 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 "approved1', llapprovall', "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. Perform and Provide: The word "perform" shall be understood to mean that the Contractor, at her/his 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 her/his expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, e quipme nt , and transport at ion. 4. CODES AND STANDARDS Standard Specifications incorporated in the requirements of the specifications by reference shall be those of the latest edition at the time of receiving bids. It shall be understood that the manufacturers or producers of materials . so required either have such specifications available for reference or are fully familiar with their requirements as pertaining to their product or material. - 26 - 5. CONSTRUCTION SCHEDULE A construction schedule is to be submitted by the Contractor per Section6-I of the SSPWC at the time of the preconstruction conference. No changes shall be made to the construction schedule without the prior written approval of the Municipal Projects Manager. Any progress payments made after the scheduled completion date shall not constitute a waiver of this paragraph or any d am age s . Coordination with the respective utility company for removal or relocation of conflicting utilities shall be requirements prior to commencement of work by the Contractor. The Contractor shall begin work within 15 calendar days after being duly notified by an issuance of a "Notice to Proceed" and shall diligently prosecute the work to completion within 110 consecutive calendar days. If the completion date is not met the contractor will be assessed the sum of $1,000.00 per calendar day for each day beyond the completion date as liquidated damages for the delay. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. 6. NONCONFORMING-WORK The Contractor shall remove and replace any work not conforming to the plans or specifications upon written order by the Municipal Projects Manager. Any cost caused by reason of this nonconforming work shall be borne by the Contractor. 7. GUARANTEE All work shall be guaranteed for one (1) year after the filing of a "Notice of Completion" and any faulty work or materials discovered during the guarantee period shall be repaired or replaced by the Contractor. 8. MANUFACTURER'S INSTRUCTIONS Where installation of work is required in accordance with the product manufacturer's directions, the Contractor shall obtain and distribute the necessary copies of such instructions, including two (2) copies to the Municipal Projects Manager. 9. SOUND-CONTROL REQUIREMENTS The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances which apply to any work performed pursuant to the contract. - 27 - All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to City Noise Control Ordinance No. 3109, Carlsbad Municipal Code, Chapter 8.48. Said noise level requirement shall apply to all equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. IO. CITY -INSPECTORS All work shall be under the observation of a City Construction Inspector or a duly authorized private contract representative of the City for inspection services. Inspectors shall have free access to any or all parts of work at any time. Contractor shall furnish Inspectors with such information as may be necessary to keep her/him fully informed regarding progress and manner of work and character o f materials. Inspection of work shall not relieve Contractor from any obligation to fulfill this Contract. 11. PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were 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. 12. INTENT OF CONTRACT DOCUMENTS The Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances throughout the life of the Contract, the City will be the interpreter of the intent of the Contract documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise her/his subcontractors and materials suppliers of this condition of the Contract will not relieve her/him of the responsibility of compliance. - 28 - 13. SUBSTITUTION OF MATERIALS The Proposal of the Bidder shall be in strict conformity with the drawings, specifications, and based upon the items indicated or specified. The Contractor may offer a substitution for any material, apparatus, equipment, or process indicated or specified by patent or proprietary names or by names of manufacturer which she/he considers equal in every respect to those indicated or specified. The offer made in writing, shall include proof of the State Fire Marshal's approval (if required), all necessary information, specifications, and data. If required, the Contractor, at her/his own expense, shall have the proposed substitute, material, apparatus, equipment, or process tested as to its quality and strength, its physical, chemical, or other characteristics, and its durability, finish, or efficiency by a testing laboratory as selected by the City. If the substitute offered is not deemed to be equal to that so indicated or specified, then the Contractor shall furnish, erect, or install the material, apparatus, equipment, or process indicated or specified. Such substitution of proposals shall be made prior to beginning of construction, if possible, but in no case less than ten (IO) days prior to actual installation. 14. RECORD-DRAWINGS The Contractor shall provide and keep up to date a complete "as-built" record set of transparent sepias, which shall be corrected daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the City at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer on completion of the work. 15. PERMITS The general construction, electrical, and plumbing permits will be issued by the City of Carlsbad at no charge to the Contractor. The Contractor is responsible for all other required licenses and fees. This project requires regulatory permits from the State of California Department of Fish and Game, California State Coastal Commission, and the U.S. Army Corps of Engineers due to the construction work within the Batiquitos Lagoon wetlands and floodplain areas. The regulations and requirements of these permits shall be strictly adhered to in the performance of the contract. The enforcement of such requirements under the contract shall not be made the basis for additional compensation. Sa - 29 - 16. QUANTITIES IN THE SCHEDULE The quantities given in the schedule, for unit price items, are for comparing bids and may vary from the actual final quantities. Some quantities may be increased and others may be decreased or entirely eliminated. No claim shall be made against the City for damage occasioned thereby or for loss of anticipated profits, the Contractor being entitled only to compensation for the actual work done at the unit prices bid. The City reserves and shall have the right, when confronted with unpredicted conditions, unforeseen events, or emergencies to increase or decrease the quantities of work to be performed under a scheduled unit price item or to entirely omit the performance thereof, and upon the decision of the City to do so, the Municipal Projects Manager will direct the Contractor to proceed with the said work as so modified. If an increase in the quantity of work so ordered should result in a delay to the work, the Contractor will be given an equivalent extension of time. 17. SAFETY & 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. He/she 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 post danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 18. SURVEYING Contractor shall employ a licensed land surveyor or registered civil engineer to perform necessary surveying for this project. Requirements of the Contractor pertaining to this item are set forth in Section 2-9.5 of the SSPWC. Contractor shall include cost of surveying service within appropriate items of proposal. No separate payment will be made. Survey stakes shall be set and stationed by the Contractor's surveyor for curbs at 50' intervals (25' intervals for curves) curb returns at BCR, 1/4, 1/2, 3/4, and ECR, headers, sewers, storm drains, structures (4 corners min.). Rough grade and as required to satisfy cut or fill to finished grade (or flowline) as indicated on a grade sheet. . --_ - 30 - Contractor shall transfer grade hubs for construction and inspection purposes to crown line base grade of streets as required by engineer. Contractor shall provide engineer with 2 copies of survey cut sheets prior to commencing construction of surveyed item. 19. UTILITIES Attention is directed to Section 5, "Utilities" of the SSPWC, and these special provisions. Utilities for the purpose of these specifications shall be considered as including, but not limited to pipe lines, conduits, transmission lines, and appurtenances of "Public Utilitiesv1 (as defined in the Public Utilities Act of the State of California) or individuals solely for their own use or for use of their tenants, and storm drains, sanitary sewers, and street lighting. The City of Carlsbad and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans all utilities which exist within the limits of the work. However, the accuracy or completeness of the utilities indicated on the Plans is not guaranteed. Service connections to adjacent property may or may not be shown on the plans. It shall be the responsibility of the Contractor to determine the exact location and elevation of all utilities and their service connections. The Contractor shall make his/her own investigation as to the location, type, kind of material, age and condition of existing utilities and their appurtenances and service connections which may be affected by the contract work, and in addition he/she shall notify the City as to any utility, appurtenances, and service connections located which have been incorrectly shown on or omitted from the plans. The Contractor shall notify the owners of all utilities at least 48 hours in advance of excavating around any of the structures. At the completion of the contract work, the Contractor shall leave all utilities and appurtenances in a condition satisfactory to the owners and the City. In the event of damage to any utility, the Contractor shall notify the owners of the utility immediately. It is the responsibility of the Contractor to compensate for utility d am age s . The temporary or permanent relocation or alteration of utilities, including service connections, desired by the Contractor for his/her own convenience shall be the Contractor's own responsibility, and he/she shall make all arrangements regarding such work at no cost to the City. If delays occur due to utilities relocations which were not shown on the Plans, it will be solely the City's option to extend the completion date. 3 - 31 - 20. 21. 22. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities which interfere with the construction, the Contractor, upon request to the City, may be permitted to temporarily omit the portion of work affected by the utility. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the City. All costs involved in locating, protecting and supporting of all utility lines shall be included in the price bid for various items of work and no additional payment will be made. WATER-FOR CONSTRUCTION The contractor shall obtain a construction meter for water utilized during the construction under this contract. The contractor shall contact the appropriate water agency for requirements. The contractor shall include the cost of water and meter rental within appropriate items of the proposal. No separate payment will be made. TEST OF MATERIALS Testing of materials shall conform to Section 4-1.4 of the SSPWC and the following: Except as elsewhere specified, the Agency will bear the cost of testing material and/or 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 City, the source of supply of each of the materials shall be approved by him 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 trial, it is found that sources of supply which 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 materials from other approved sources. After approval, any material which becomes unfit for use due to improper storage, handling or any other reason shall be rejected. COMPACTION TESTS All backfill and subgrade shall be compacted in accordance with the notes on the plans and the SSPWC. Compaction tests may be made by the City and all costs for such testing shall be borne by the City. Said tests may be made at any place along the work as deemed necessary by the Municipal Projects Manager. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. - 32 - 23. CLEANUP AND DUST CONTROL Cleanup and dust control shall conform to Section 7-8.1 of the SSPWC and shall be executed even on weekends and other non-working days at the City's request. Full compensation for furnishing all labor, materials, equipment, and incidentals to clean up and control the dust as specified above shall be considered as included in appropriate items of the proposal and no additional compensation will be allowed therefor. 24. PROTECTION-AND-RESTORAT~ON OF EXISTING IMPROVEMENTS Section 7-9 of the SSPWC is supplemented by the following: Except as may otherwise be provided in specific instances nothing in the Contract shall be construed as vesting in the Contractor any property in any material, article or structure existing at the time of the award of Contract within the area in which the work is to be done or in any material, article, or structure subsequently furnished for the work by the City, or in any material, article, structure or work furnished or performed by the Contractor after having been accounted for on an approved estimate supporting the contractor's demand for payment as provided in Section 9-3 of the Standard Specifications entitled, "Payment". In the latter event any such material, article, structure or work shall become the property of the City after being so accounted for. The Contractor shall maintain all existing official signs other than those called for removal, including but not limited to directional, warning, advisory, regulatory, and street markers and also roadside mailboxes in an erect and functional position and condition at all times during the construction period in either temporary or permanent location as designated by the Municipal Projects Manager. Any of these facilities which are damaged or lost shall be replaced by the Contractor at no cost to the City. All costs involved in protection and restoration of existing improvements shall be included in appropriate items of the proposal and no additional compensation shall be allowed therefor. 25. TRAFFIC -CONTROL The Contractor's attention is directed to Section 7.10 of the SSPWC and these requirements. The Contractor shall notify the following City Departments 24 hours prior to the start of work on this project and 24 - 33 - hours prior to the restriction, closing or opening of a street or alley within the City of Carlsbad: Engineering Department - 438-1161 Police Department - 931-2100 Fire Department - 931-2141 No street or alley closures shall be permitted except upon specific, written approval of the City Engineer. The Contractor shall keep two lanes of traffic in each direction and one pedestrian walkway open at all times on El Camino Real. The Contractor shall keep one lane of traffic in each direction and one pedestrian walkway open at all times on La Costa Avenue. In addition, provisions shall be made to maintain access and use of left-turn pockets at intersections as much as possible. The Contractor shall furnish, maintain and install all lights, signs, barricades, and other safety devices and equipment required. The Contractor shall submit a traffic control plan showing the intended construction zone signing and striping for each phase of the work to be accomplished. This plan shall be submitted within fifteen days after the Notice of Award has been issued to the contractor. No work shall commence until this plan has been reviewed and approved by the City Engineer. Personal vehicles of the Contractor's employees shall not be parked on the traveled way or shoulders at any time, including any section closed to public traffic. When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic. The Contractor shall make every effort to keep driveways open during working hours. After working hours all driveways shall be accessible with smooth and safe crossings through the construction area. The Contractor shall be required to notify all adjacentresidents and businesses three (3) days in advance of his work, using "doorknob type" or other typewritten notices which will be furnished by the Contract,or. These notices will be distributed at the beginning of the project and at other times during the work as required to notify affected people in the area of impending work. All open ditches within traveled areas shall be covered with steel plates adequate to support traffic loadings without noticeable deflection and shall be required at night and all - 34 - non-wo rking days. Temporary A.C. transitions shall be placed on either side of such plates, in the direction of traffic when adjacent surfaces are asphalt or concrete. Traffic -control shall include the cost of all barricades, signs, flagmen, providing notiices, traffic stripe application and removal, ditch plate installation and removal, and any other cost connected with any temporary rerouting of traffic or maintenance of access to properties during the construction period. Full compensation for furnishing all barricades, lights, flashers, flagmen, and any other safety measures used for the control of traffic during the project construction period shall be considered as included in the prices paid for appropriate items of the proposal and no additional compensation will be allowed therefor. 26. SHORING-OF-EXCAVATIOHS The Contractor shall conform to Labor Code Section 6705 by submitting a detailed plan to the Municipal Projects Manager showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground during the excavation of trenches or during the pipe or structure installation therein. This plan must be prepared for all trenches five feet or more in depth and approved by the City Engineer prior to excavation. If the plan varies from the shoring system standards established by the construction safety orders, the plan shall be prepared by a registered civil or structural engineer at the Contractor's expense. - 35 - SPECIAL INSURANCE INSTRUCTIONS FOR CONTRACTORS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. If the insurance is on a "claims made" basis, coverage shall be main- tained for a period of three years from the date of completion of the work. The cost of such insurance shall be included in Contractor's bid. The insurance company or companies shall meet the requirements of City Council Resolution No, 8108. A. Minimun Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office form number GL 0002 (Ed.1/73) covering Comprehensive General Liability; and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; and 2. Insurance Services Office form number CA 0001 (Ed.1/78) covering Automobile Liability, code 1 "any auto"; and 3. Workers' Compensation as required by the Labor Code of the State of California and Employers' Liability insurance. 8. Minimum-Limits of-Insurance Contractor shall maintain limits no less than: 1. Comprehensive General Liability: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Worker's Compensation and Employers' Liability: Workers compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per accident. C. Deductibles-and Self-€nsured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such - 36 - deductibles or self-insured retentions 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. D. OTHER-INSURANCE PROV€SIONS The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages: a. The City, its officials, employees and volunteers are to be covered as 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 or used by the Contractor; or automobiles 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. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self- insurance maintained by the City, its, officials employees or volunteers shall be excess of Contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that 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. 2. Workers' Compensation and Employers' Liability Coverages The insurer shall agree to waive all rights of subrogation against the City, its officials, employees and volunteers for losses arising from work performed by Contractor for the City. 3. All coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. - 37 - E. AcceDtabilitv of Insurers Insurance is to be placed with insurers with a Bests' rating of no less than A:XI unless otherwise authorized by City Council Resolution No. 8108. F. Verification.of-Coverage Contractor shall furnish the City with certificates of insurance and with original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms provided by the City and are to be received and approved by the City before work commences. G. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. - 38 - CERTIFICATION OF COMPLIANCE I hereby certify that Legal Name of Contractor in performing under the Purchase Order awarded by the City of Carlsbad, will comply with the County of San Oiego Affirmative Action Program adopted by the Board of Supervisors, including all cur rent amendments . Date (NOTARIZE OR CORPORATE SEAL) Signature (Seal) Title (Notarial acknowledgement of execution by all principals must be attached.) SPECIAL PROVISIONS -39- 1. CLEARING AND GRUBBING, MOBILIZATION AND TRAFFIC CON- TROL. - Clearing and grubbing shall consist of clearing natural ground surfaces of all trees , shrubs , vegetable growth and objectionable materials within the limits of construction in accordance with the provisions of Section 300-1 of the Standard Specifications and in accordance with the plans and these Special Provisions and as directed by the Engineer. Clearing and grubbing shall also include the removal and disposal of all miscellaneous concrete, pavement, pipes, hardware, timber, rubble or any other objectionable material encountered beneath the ground surface as a result of grading or trenching operations connected with the construction of the project improvements. Clearing and grubbing shall also include the removal, relocation , adjusting, or salvaging of all facilities so indicated on the plans which are not designated as separate bid items or which are not included in other bid items. In addition to the above items, clearing and grubbing shall include, but not be limited to the following items as shown on the plans or specified in these Special Provisions: 1. Removal of trees, shrubs, stumps, trash, debris and fences, whether or not specifically indicated on the plans or otherwise shown to be protected or relocated. 2. Deleterious materials resulting from clearing and grubbing operations shall be hauled away and disposed of at a legal site obtained by the Contractor. 3. Clearing for and providing temporary graded driveways and continuing maintenance thereof to provide safe, smooth , stable and continuous access to all residences and businesses within the project area, and as directed by the Engineer. 4. Minor grading for swales and drainage control. 5. Protection of existing and relocated utility structures prior to and during construction of proposed improvements. 6. Furnishing and applying water. 7. Dust control. 8. Maintenance of project appearance. 9. Control of water and dewatering during construction. 10. Cleanup of project area upon completion of work. -40- The Contractor shall protect all existing structures or facilities which are adjacent to, or fall within, the limits of the work to be done under this contract in accordance with Section 7-9 and 200-1 of the Stand- ard Specifications. This item shall also include. those structures and facilities which the plans show or these Specifications indicate to be pro- tected. Any structure or facility to be protected which is damaged as a result of the Contractor, shall be repaired or replaced at his cost to the satisfaction of the Engineer. Mobilization shall consist of preparatory work and operations, includ- ing, but not limited to, those necessary for the movement of personnel, equipment , sanitation facilities, materials and incidentals to the project site necessary for work on the project, and for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project site. Mobilization shall also include survey staking for the project in con- formance with the requirements of Section 18 of the General Provisions of these Specifications. Traffic control shall be provided in conformance with the requirements of Section 25 of the General Provisions of these Specifications. Payment for clearing and grubbing, mobilization and traffic control shall be at the contract lump sum price and shall be full compensation for furnishing all labor, materials, equipment and incidentals necessary to perform the items of work. 2. UNCLASSIFIED EXCAVATION. - Unclassified excavation shall include excavating, removing, hauling and disposing of all materials to the sub- grade elevations indicated on the plans as required to construct the new roadway improvements. This item involves the removal and disposal of all pavement, concrete, soil and miscellaneous items (including loose or dumped material, base material, curbs, gutters, sidewalks, and lined ditches) which are within the grading and excavation section on both public and private property. Unclassified excavation shall be done in accordance with Sections 300-1.3 and 300-2 of the Standard Specifications and these Special Provisions. In addition to the above items, unclassified excavation shall include, but not be limited to the following items as shown on the plans or specified in these Special Provisions: 1. Sawcutting of concrete and asphalt concrete at joins and right-of-way limits. 2. Removal and disposal of interfering portions of abandoned utility lines and structures and the plugging of abandoned pipes and conduits not removed. 3. Removal and disposal of any additional items not specifically mentioned which may be found within the work limits. .- I -41 - 4. 5. 6. 7. Removal and disposal of interfering portions of existing sewers and storm drains and structures designated on the plans to be removed or abandoned. Removal of miscellaneous concrete items such as drain boxes catch basins, drainage inlets, headwalls water meter boxes utility boxes and covers, drainage pipe, interfering portions of water, sewer and storm drain pipes, posts poles, and retaining walls. Removal and disposal of interfering portions, modifications to and maintaining in working order, existing sprinkler systems. Removal and disposal of interfering or removed portions of traffic signal or street lighting system: including conduit, wires, standards, foundations, pull boxes and covers; when not shown or required to be protected, salvaged or relocated. The Contractor shall so conduct his earthwork operations so as to minimize impacts to the adjacent low-lying wetland and bay area. Access, turn-around and grading movements shall at all times be made so as to limit encroachment outside the toe line limits of the proposed roadway fill slopes or other grading limit lines. The Contractor shall be responsible for obtaining a suitable, legal disposal site for this excavated material in accordance with Section 300-2.6 of the Standard Specifications. The quantities for unclassified excavation are based on cross-sections of existing and proposed ground lines along the roadway with considera- tions made for localized variations between cross-sections and are believed to be accurate. The cross-sections and quantities do not include consider- ation for minor variations anticipated for benching or keying for new side slopes. Excess soil remaining from excavations on the project site may be used for fill material as required subject to the requirements of Section 300-4 of the Standard Specifications, these Special Provisions and as determined by the Engineer. Payment for unclassified excavation shall be at the contract unit price per cubic yard which shall be considered as including keying and benching of existing side slopes and no additional compensation will be allowed therefor. 3. UNCLASSIFIED FILL. - Unclassified fill shall be done in accordance with Section 300-4 of the Standard Specifications and these Special Provisions. It is anticipated that surplus material will result from excavation operations. - -42- The quantities for unclassified fill are based on cross-sections of existing and proposed ground lines along the roadway with considerations made for localized variations between cross-sections, and are believed to be accurate. The cross-sections and quantities do not include consider- ation for minor variations anticipated for benching or keying for new side slopes. Section 300-4.1 of the Standard Specifications is supplemented to include the following: Excess soil remaining from excavations on the project site may only be used for fill material when rocks, broken concrete or asphalt, base material, or other solid materials are less than four inches in greatest dimension and only when suitable for the particular area to be filled as determined by the Engineer. The fourth paragraph of Section 300-4.1 of the Standard Specifica- tions shall be deleted. Payment for unclassified fill shall be at the contract unit price per cubic yard in accordance with Section 300-4.1 of the Standard Specifica- tions which shall be considered as including key and bench fill operations and no additional compensation shall be allowed therefor. 4. SUBGRADE PREPARATION, - Subgrade preparation for the roadway improvements shall be done in accordance with Section 301-1 of the Stand- ard Specifications and these Special Provisions. The provisions of Section 301-1.3 of the Standard Specifications shall be amended as follows: In areas outside of the public roadway shown on the plans to be paved (including parkways and driveways), the top six inches of subgrade material shall be compacted to a minimum relative compaction of ninety percent. Payment for preparation of subgrade will be considered included in the various items of work for which the subgrade is prepared and no additional payment shall be made therefor. 5. BASE MATERIAL. - Aggregate for base material shall conform to Sec- tion 200-2.5.2 of the Standard Specifications, Processed Miscellaneous Base. Placement of base material shall conform to Section 301-2 of the Standard Specifications. Payment for aggregate base material shall be at the contract unit price per ton in accordance with Section 301-2.4 of the Standard Specifications. -43- 6. ASPHALT CONCRETE. - Asphalt concrete shall be in conformance with Sections 203-6, 302-5, and 400-4 of the Standard Specifications, except as amended herein. The provisions of Section 302-5.4 of the Standard Specifications shall be supplemented by the following: The final surface layer of asphalt concrete within the public roadway shall not be placed until all grading and P.C.C. improvements are substantially completed as determined by the Engineer. Within the public roadway, asphalt concrete of 0.20-foot thickness or less may be placed in one lift. Asphalt concrete of greater than 0.20-foot thickness shall be placed in a minimum of two lifts, The compacted thickness of the final surface course of asphalt concrete shall not be greater than 0.20 foot or less than 0.10 foot. In all other areas (outside of public roadway), asphalt concrete may be placed in one lift to a maximum compacted A.C. surface of 0.25 feet. The provisions of Section 400-4 of the Standard Specifications shall be supplemented by the following: The gradation of combined aggregate shall be as follows: 3/4 inch Base Course Type Ill - B2-AR-4000 1/2 inch Sur face Course Type Ill - C3-AR-4000 Asphalt concrete pavement shall include asphalt concrete in all public and private roadway, driveway and ramp areas shown on the plans includ- ing 'feathering' to join existing surfaces. Asphalt concrete overlay shall include asphalt concrete in all areas shown on the plans to receive overlay. This shall include all work neces- sary to achieve the grades shown on the plans despite any variability in the existing roadway surface. Payment for asphalt concrete roadway pavement shall be at the con- tract unit price per ton and shall include full compensation for furnishing all labor, materials, equipment, and incidentals necessary to perform the work . Payment for asphalt concrete overlay shall be at the contract unit price per ton and shall include full compensation for furnishing all labor, materials, equipment, and incidentals necessary to perform the work. Payment for A.C. spillway shall be at the contract unit price per each including all labor, materials, equipment and incidentals necessary to perform the work. -44- 7. PAVEMENT REINFORCING FABRIC. - Pavement reinforcing fabric shall be placed where shown on the plans, and at locations designated by the Engineer. Pavement reinforcing fabric shall be nonwoven polyester, polypro- pylene, or polypropylenelnylon materials conforming to the following when tested in conformance with the listed ASTM Designation: Weight, Oz./sq.yd., 3.5 to 8.0 ASTM Designation: D 1910 Grab Tensile Strength 90 Min. (1-Inch grip), Pounds ASTM Designation: D 1117 Elongation at Break, Percent, 40 Min ASTM Designation : Dl 11 7 Fabric Thickness, 30 to 150 mils ASTM Designation: D 461 The fabric shall retain the physical properties listed herein after being in contact with asphalt concrete at temperatures of up to 325OF. for five minutes (+15 seconds). Pavement reinforcing fabric used on this project shall be accompanied with a Certificate of Compliance. The certificate shall be signed by the manufacturer of the material and shall state that the materials involved comply in all respects with the requirements of these specifications. Further, the physical properties as advertised by the manufacturer shall be submitted with the Certificate of Compliance as support evidence of the materials accepta bi I i ty . The fabric shall be protected from exposure to ultraviolet rays until placed , Before spreading asphalt binder, large cracks, spalls and chuckholes shall be repaired as directed by the Engineer, and such repair work will be paid for as extra work as provided in Section 4-1.03D of the Standard Specifications. Asphalt binder for pavement reinforcing fabric shall conform to the provisions of Section 203-1 of the Standard Specifications and shall be Grade AR-4000 unless otherwise ordered by the Engineer. Asphalt binder for pavement reinforcing fabric shall be applied at an approximate rate of 0.30-gallon per square yard of surface covered. The exact rate of application will be determined by the Engineer. The width of the asphalt binder spread shall be the width of the fabric mat plus three (3) inches on each side. -45- The fabric shall be stretched, aligned, and placed with no wrinkles that lap. The test for lapping shall be made by gathering together the fabric in a wrinkle. If the height of the doubled portion of extra fabric is 1/2 inch or more-, the fabric shall be cut to remove the wrinkle, then lapped in the direction of paving. If manual laydown methods are used, the fabric shall be unrolled, stretched, aligned and placed in increments of approximately 30 feet, Adjacent borders of the fabric shall be lapped two to four inches. The preceding roll shall lap four to eight inches over the following roll in the direction of paving at ends of rolls or at any break. Seating of the fabric with rolling equipment after placing will be per- Turning of the paving machine and other vehicles shall be gradual mitted. and kept to a minimum to avoid damage. A small quantity of asphalt concrete, to be determined by the Engin- eer, may be spread over the fabric immediately in advance of placing as- phalt concrete surfacing in order to prevent fabric from being picked up by construction equipment. Public traffic shall not be allowed on the bare reinforcing fabric, except that public cross traffic shall be allowed to cross the fabric, under traffic control, after the Contractor has placed a small quantity of asphalt concrete over the fabric. Care shall be taken to avoid tracking binder material onto the pave- ment reinforcing fabric or distorting the fabric during seating of the fabric with rolling equipment. If necessary, exposed binder material shall be covered lightly with sand. Full compensation for advance spreading of asphalt concrete over the fabric shall be considered as included in the contract price paid per ton for asphalt concrete, and no additional compensation will be allowed there- for. Pavement reinforcing fabric will be measured and paid for by the square yard for the actual pavement area covered. The contract price paid per square yard for pavement reinforcing fabric shall include full compensation for furnishing all labor, materials (including asphalt binder) , tools , equipment and incidentals and for doing all work involved in furnishing and placing pavement reinforcing fabric, including lapping, complete in place, as shown on the plans, as required by the Standard Specifications and these Special Provisions, and as direct- ed by the Engineer. 47 -46- 8. LIQUID ASPHALT. - Tack Coat Asphalt tack coat shall be Grade SS-lh emulsified asphalt, conforming to Section 203-3 of the Standard Specifications. Tack coat shall be applied to all asphalt concrete and concrete surfaces to be joined by new asphalt concrete pavement. The rate of application shall be as designated in Section 302-5.3 of the Standard Specifications. Care should be taken to prevent tracking the tack coat on finished concrete surfaces. Payment for tack coat shall be included in the contract bid price per ton for asphalt concrete pavement or asphalt concrete berms for which tack coat is required and no additional payment shall be allowed therefor. Prime Coat No prime coat will be required. Seal Coat No seal coat will be required. 9. ASPHALT CONCRETE BERM. - Asphalt concrete materials to be used in constructing asphalt concrete berms shall be Type I I I-D-AR-8000 in conformance with Section 400-4 of the Standard Specifications. A tack coat, as provided in Subsection 302-5.3, shall be applied to the existing or new pavement preceding the placement of the asphalt concrete berm. The material shall be placed and compacted to the required lines, grades, and cross sections shown on the plans. The berm shall be shaped and compacted with an extrusion machine capable of providing the finished berm in place to the required dimensions. Payment for asphalt concrete berm shall be at the contract bid price per linear foot in place, and shall include full compensation for furnishing all labor, materials, tools, equipment, and doing all work involved in providing the berm complete in place. 10. PORTLAND CEMENT CONCRETE. - Portland cement concrete shall meet the requirements of Section 400 of the Standard Specifications. The Cleanness Value requirements of Section 200-1.4 shall be replaced with the following: Tests Cleanness Value Individual Test Moving Average Test Method No. Calif. 227 Requirements 70 hlin. * 75 Min.* -. -47- The Sand Equivalent requirement of Section 200-1.5.3 shall be replaced with the following: Tests Test Method No. Sand Equivalent Calif. 217 Individual Test Moving Average Requ i remen ts 70 Min.* 75 Min.* * For 2,500 or less class concrete, except concrete pavement, a mini- mum 65 Individual Test result and a minimum 70 Moving Average will be acceptable if 2,500 psi 28 day strength criteria of Section 201-1.1.4 are met, at a six inch slump or greater. The testing and acceptance determination will be made by the Agency. Evaluation of Sand Equivalent and Cleanness Value results shall con- form to the provisions of Subsection 400-1.4. 11. CONCRETE CURB AND GUTTER, SIDEWALK, DRIVEWAY AND PEDES- TRIAN ACCESS RAMPS. - Concrete items, as listed above, shall be constructed in accordance with Section 303-5 of the Standard Specifica- tions, referenced Standard Plans, and as listed herein. Slab thickness and curb heights shall be as shown on the plans and applicable Standard Plans. The last sentence of the second paragraph of Section 303-5.5.2 of the Standard Specifications shall be modified as follows: The name of the Contractor and the year in which the improvement is constructed shall not be stamped in the completed work. Payment for concrete curb and gutter shall be at the contract unit price per linear foot, including transition sections where the curb face varies (such as at pedestrian ramps and at curb returns at cross- gutters). Payment for concrete median curb shall be at the contract unit price per I inear foot. Payment for concrete sidewalks shall be at the contract unit price per square foot. Measurements for sidewalk pay quantities will be taken from the back of curb to the back of walk and between the limits of driveways, catch basins, planters, etc. Payment for concrete driveways shall be at the contract unit price per square foot. Measurements for driveway pay quantities shall be from the back of curb to the back of driveway slab and the width of driveway. Payment for pedestrian access ramps shall be at the contract unit price per each. Payment for stamped conrete ;r;cdian paving shall be at the curitr,act unit price per square foot. -48- 12. REINFORCED CONCRETE PIPE. - Reinforced concrete pipe shall con- form to Section 207-2, bedding shall conform to Section 306-1, and the pipe laying shall be in accordance with Section 306 of the Standard Specifications. Payment shall be per linear foot of reinforced concrete pipe installed in accordance with Section 306-1.6 of the Standard Specifications. The contract unit price per linear foot of reinforced concrete pipe shall also include sawcutting of existing asphalt pavement and concrete street im- provements; brick and mortar bulkheads and plugs for abandonment of pipes as shown on the plans; excavation; backfill; bedding; shoring; com- paction and imported fill if directed by the City Engineer; making con- nection of pipes; applying cement mortar inside and outside the pipes on all joints; making connections to new catch basins; temporary and perma- nent trench resurfacing; supporting utilities: replacement of existing asphalt and concrete street improvements; and dewatering. The provisions of Section 306-1.6 of the Standard Specifications relative to payment shall be modified as follows: Payment per lineal foot shall include both temporary and permanent trench resurfacing. 13. VARIATION OF DEPTH OF CURB INLETS AND CONNECTOR PIPE. - The selection of the various depths for the catch basins was based upon hydraulic requirements and the best available data with respect to the locations of various utilities; however, in order to further assist in avoid- ing utilities, or for other reasons deemed necessary by the City Engineer, the City reserves the right by direction of the City Engineer, to increase or decrease the depth of any catch basin from that shown on the draw- ings. If the "VIt depth of a catch basin is increased or decreased by order of the City Engineer as a result of excavation, then an adjustment (great- er or less than the price bid) for the increase or decrease will be made and the amount thereof will be based upon the method stipulated herein- after; furthermore, any increase or decrease in cost of constructing the connector pipe resulting from the "V" change, or of the catch basin due to thickening of the concrete section or addition of steel reinforcement shall be included in said stipulated amounts. Any reduction tlV" depth must be approved by the City Engineer. Determination of these stipulated amounts involves the exclusion of all metal work and reinforcing steel not necessary to the increase or decrease of the catch basin "V" depth. Such exclusion is accomplished by the factor 0.40 used in the stipulated formula below. If the adjustment is an increase in the total amount of money due the Contractor, then the City will be entitled to and shall receive a monetary credit from the money due the Contractor. -49- In addition to the work listed in the bid proposal, the Contractor agrees that, if directed by the City Engineer, he will either increase or decrease the lV1l depth of any given catch basin and that the amount to be paid to the Contractor or credited to the City therefor shall be based upon the following stipulated method: (Bid Price) X (0.40) Adjustment per foot change Plan Depth of Catch Basin = in plan depth as ordered by the City Engineer. The adjustment per foot or fraction thereof of change in plan depth (defined hereinabove) is the ratio of the total price bid for any given catch basin to the plan depth of the given basin all multiplied by the applicable factor. If an interference occurs between a connector pipe and a utility, the Contractor shall not be entitled to additional compensation unless a concrete collar is required. If a concrete collar is required, the Contractor shall be paid for the grade change at a price as agreed upon by the Contractor and the City Engineer in writing. No additional compensation shall be allowed for delays which might result. 14. CURB INLETS, BOX CULVERTS, WING WALLS, CURTAIN WALLS, BROW DITCH DOWN-DRAIN, PIPE COLLARS AND MISCELLANEOUS CON- CRETE STRUCTURES. - Concrete storm drain structures and miscellaneous concrete structures shall be constructed in accordance with Section 303-1 of the Standard Specifications. Concrete for these structures shall be in accordance with Section 201-1 of the Standard Specifications and shall have a minimum twenty-eight (28) day compressive strength of 3,250 pounds per square inch. Reinforcing steel shall be Grade 40 minimum, conforming to ASTM A615. The Contractor may extend or otherwise increase the total length of inlet or manhole structures by as much as a total of four feet, to meet the uncut ends of pipe. Payment for pipe to the limits shown on the con- struction plans shall be full compensation for extending such structures. Where concrete structures are extended, steel reinforcing shall be extend- ed in the pattern and spacing shown for the standard length structure. Payment for concrete storm drain structures and miscellaneous con- crete structures shall be in accordance with the provisions of Section 303-1.11 of the Standard Specifications and the following: Payment for curb inlets shall be at the contract unit price per each including local depressions and monolithic curb to the ends of the local depressions and shall include form removal , backfilling, and all labor, materials, equipment and incidentals necessary to perform the work. Payment for R.C. Box culvert shall be at the contract lump sum bid price and shall be full compensation for constructing the box culvert, parapet walls, cut-off walls, timber retaining wall, chain link fence, pro- viding shoring, dewatering , excavation, removal of portions of existing structures to be joined , backfilling, crushed rock and fabric filter material below structures, and wall inlet as shown on the plans. I -50- Payment for wing wall shall be at the contract unit price per each including all labor , materials, equipment and incidentals necessary to per- form the work. Payment for brow ditch downdrain shall be at the contract unit price per lineal foot including all labor, materials, equipment and incidentals necessary to perform the work. Payment for concrete curtain wall shall be at the contract unit price per each including all labor , materials, equipment and incidentals neces- sary to perform the work. Payment for concrete pipe collar shall be at the contract unit price per each including all labor , materials, equipment and incidentals neces- sary to perform the work. 15. FILTER FABRIC. - The filter fabric shall be a commercial grade, nonwoven pervious sheet of fabric manufactured from polyester, nylon , or polypropylene material , or any combination thereof. The fabric shall not act as a wicking agent, shall be permeable, shall be free of any chemical treatment or coating which might significantly reduce permeability, shall have no flaws or defects which could significantly alter its physical prop- erties, and shall conform to the following: Weight (ASTM 01910): 4.0 oz./sq.yd. Minimum Grab Tensile Strength (ASTM D1682): 90 Ibs. Mini mum Elongation Each Direction (ASTM D1682): 3 0% Minimum Toughness (8 Elongation x Grab Tensile Strength ) 4,000 Ibs. Minimum A Certificate of Compliance for each kind of engineering fabric used on the project shall be furnished to the Engineer, The following fabrics have been tested previously and have been found to be materials which meet the requirements of these Specifications; Polyfilter-X, Mirafi 140 and Mono-filter. When these materials are used, a mill certificate or affidavit that the material to be installed is the same material as one of those named above and that the fabric does meet the Specifications shall be submitted to the Engineer. If a fabric which is not described above is proposed for use, tests required herein and any other tests required by the Engineer shall be furnished at no expense to the Agency. Mill certificate or affidavit signed by a company officer authorized to sign such documents from the company manufacturing the fabric shall be furnished to the Engineer. Filter fabrics shall be furnished in protective covers capable of protecting the fabric from ultraviolet rays, abrasion, and water. Filter fabric shall not be exposed to sunlight longer than three days before sand or aggregate blanket is placed upon it. The surface to receive the fabric shall be free of obstructions, de- pressions and debris. The filter shall be loosely laid and not placed in a -51 - stretched condition. The strips shall be placed to provide a minimum 18 inches of overlap for each joint. Securing pins, minimum 12 inches long, with washers, shall be inserted through both strips of overlapped fabric at not greater than six foot intervals along a line through the midpoint of the overlap. Additional pins shall be installed as necessary to prevent any slippage of the filter fabric regardless of the location. Any damage to the fabric during its installation, or during installation and spreading of the material above, shall be replaced at no expense to the Agency. Payment for filter fabric shall be considered as included in the con- tract price bid for rip-rap and no additional compensation shall be allowed therefor. 16. RIP-RAP. - Stone for rip-rap shall conform to Section 200-1.6 of the Standard Specifications and placement of rip rap shall conform to Section 300-8 (Method "A1') of the Standard Specifications. Payment for rip-rap shall be at the contract unit price per cubic yard and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals including excavation and backfilling; necessary to perform the work complete in place. 17. STREET MONUMENTS. - Cast-in-place street survey monuments shall be constructed in accordance with Section 309 of the Standard Specifica- tions. Payment for street monuments shall be at the contract unit price per each in place, and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals necessary to perform the work. 18. sha the sha the REFLECTIVE TRAFFl C DELINEATOR. - Reflective traffic delineator I conform to the provisions of Section 82, "Markers and Delineators" of CALTRANS Standard Specifications and these Special Provisions. Traffic delineators shall be flexible post type F-1. Flexible posts I conform to the details shown in the Specifications and shall be, at Contractor's option, one of the following types or equal: Type Flextron MCD Auto Post Carsoni te Roadmarker CRM-375 Curve-Flex CFRM-400 Manu fac tu rer or Distributor Car son Manufacturing Company P. 0. Box 125 2676 Bridgeway Sausalito, CA 94965 Pacific Au topos t No. I Lindberg Irvine, CA 92714 Carsonite lnternat P. 0. Box 1298 Carson City, NV onal Corp. 89701 _- -52- Flexible posts shall be made from a flexible white plastic which shall be resistant to impact, ultraviolet light, ozone and hydrocarbons. Flexible posts shall resist stiffening with age and shall be free of burns, discolora- tion, contamination, and other objectionable marks or defects which affect appearance or serviceability. The Contractor shall provide the Engineer with a Certificate of Com- pliance. Said certificate shall certify that the flexible posts comply with the Plans and Specifications herein. Payment for reflective traffic delineator shall be at the contract unit price per each and shall be full compensation for furnishing all labor, materials , equipment and incidentals necessary to perform the completed work. 19. CHAIN LINK FENCE AND GATES. - Chain link fencing and gates shall conform to Sections 206-6 and 304.3 of the Standard Specifications, the Plans, Standard Drawings and as specified in these Special Provisions. Fence shall be constructed of new, galvanized chain link fabric, posts and hardware. Fences and gates shall be three (3) feet high. Payment for chain link fence shall be considered as included in the contract price bid for R.C. Box culvert and no additional compensation shall be allowed therefor. 20. METAL BEAM GUARDRAIL. - Metal beam guardrails shall be installed as shown on the construction plans, the referenced Standard Detail, and as specified in Section 304-2.2.2 of the Standard Specifications. All guardrail materials shall conform to Section 206-5.2 of the Standard Speci- fications and shall be maintained by the Contractor, once installed, until completion of the project. Payment for installation of metal beam guardrail will be at the contract unit price per linear foot as measured from the extremities of the terminal section and shall include payment for maintenance of the guardrail during the project construction period. 21. ADJUST WATER VALVE OR CATHODIC PROTECTION TEST STATION COVERS TO GRADE. - The Contractor shall adjust all water valve and cathodic protection test station covers to grade as shown on the plans or encountered within construction areas. Full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all work involved in adjusting existing water valve boxes and existing valve box covers to the grade of the finished pavement shall be at the contract unit price per each. 22. REMOVAL OF EXISTING STRIPING AND PAVEMENT MARKINGS. - PJiiited stripes and pavement markings to be removed will be as shown on the plans and as designated by the Engineer. -53- Removal of traffic stripes way will be required for any and pavement markings in the public road- temporary reroutinq of traffic which in the opinion of the Engineer will 'require that new la& lines and markings be provided. Removal of stripes and markings in the public roadway by painting or slurry will not be allowed. Where blast cleaning is used for the removal of painted traffic stripes and pavement markings or for removal of objectionable material, and such removal operation is being performed within ten (10) feet of a lane occu- pied by public traffic, the residue including dust shall be removed immedi- ately after contact between the sand and the surface being treated. Such removal shall be by a vacuum attachment operating concurrently with the blast cleaning operation or by other methods approved by the Engineer. Payment for removal of traffic stripes and pavement markings in the public roadway shall be considered as included in various bid items, in- cluding traffic striping and traffic control and no additional compensation shall be allowed therefor. 23. TRAFFIC STRIPING AND MARKINGS. - The Contractor shall furnish and apply two coats of either white or yellow reflective traffic stripes and markings at the locations shown on the plans and as directed by the Engineer. Paint used for traffic striping and markings shall be rapid-dry type paint with reflective material and shall conform to Section 210-1.6 of the Standard Specifications. All work of applying the traffic striping shall be done in accordance with Section 310-5.6 of the Standard Specifications. Stencils used for striping, markings or legends shall be approved by the City Utility and Maintenance Division manager before work begins. Payment for furnishing and applying traffic striping and markings shall be at the contract unit price per square foot, regardless of color. 24. REFLECTIVE PAVEMENT MARKERS. - The Contractor shall furnish and install two-way, yellow or blue, Type ID' reflective pavement markers on public roadways at the locations shown on the plans and as directed by the Engineer. Pavement markers shall conform to the provisions of Section 85, "Pavement Markers" of the CALTRANS Standard Specifications, and thee Special Provisions. Pavement markers shall be placed to the line established and approved by the Engineer, which will consist of existing markers or new or existing stripe. Markers shall be cemented to the pavement with epoxy adhesive con- forming to Section 95-2.04, "Rapid Set Epoxy for Pavement Markers," of the CALTRANS Standard Specifications. -54- Payment for reflective pavement markers shall be at the contract unit price for each complete in place, regardless of color. 25. STREET LIGHTING SYSTEM. - Street lighting system materials shall conform to Section 209 of the Standard Specifications. Attention is directed to additional Sections 209-2.1 through 209-2.10 in the Standard Special Provisions and these Special Provisions. Installation of street lighting system shall conform to Section 307 of the Standard Specifications. Attention is directed to additional Sections 307-1.3 through 307-8 in the Standard Special Provisions and these Special Provisions. The Contractor's particular attention is directed to Section 307-1 of the Standard Specifications which shall be strictly adhered to. Anchor Bo1 ts The first sentence of the first paragraph of Section 209-2.2 of the Standard Specifications shall be revised to read: Anchor bolts shall be of a type and size, and anchor base foundations shall be constructed, as shown on Supplement to Regional Standard Drawing Number E-1 attached herein. Conduit Section 209-2.3 of the Standard Specifications is amended to read: Acceptable materials are U. L. approved galvanized rigid steel and U. L. approved heavy wall polyvinyl chloride (P.V.C. Sch. 40). All conduits shall be of a size as shown on the plans but in no event shall conduit be less than one-inch inside diameter. Wire (Conductors 1 The first sentence of the first paragraph of Section 209-2.4 of the Standard Specifications shall be revised to read: Circuit conductor runs to lights shall be solid or stranded copper wire, No. 8 AWG minimum. Concrete Liaht Standards The second sentence of the first paragraph of Section 209-2.5.1 of the Standard Specifications shall be revised to read: They shall be round, black and white marble aggregate or natural exposed aggregate, anchor base type. Direct burial type poles will not be accepted. i , -55- Section 209-2.5.1 of the Standard Specifications shall be supplemented to include the following: Light standard handhole cover plate securing bolts shall be stainless steel. Securing bolts made of brass, plain steel, cadmium coated or galvanized steel will not be allowed. Pole height shall be 25 feet plus or minus two (2) feet as required per Supplement to Regional Standard Drawing Number E-1 attached herein. Luminaire Section 209-2.6 of the Standard Spec to include the following: fications shall be supplemented Street lighting luminaires shall )e a horizontal burning, G.E. M-250A cutoff or ITT series 13, or equivalent type for 15OW high pressure sodium (16,000 lumen output) lamps. Glare shields will not be allowed. Luminaires for street lights installed on El Camino Real shall be metal "Mission Bell" enclosures. The "Mission Bell'l fixture shall have a rigid, mechanical connection to the mast arm and shall not allow the fixture or luminaire to move or swing during normal operation. Luminaire mounting height shall be 27 feet, plus or minus one (1) foot, above finished surface of pole foundation per Supplement to Regional Standard Drawing Number E-1 attached herein. Street lighting luminaires shall be completely assembled and furnished with a lamp and a photoelectric control unit. It shall be cutoff type of standard make and manufactured by a manu- facturer of recognized experience and ability, who is now regu- larly engaged in the manufacture of street lighting luminaires. The luminaire shall be die cast aluminum and furnished with an optical assembly removable without the use of special tools. Leveling and clamping of the luminaire to the mast arm pipe shall be accomplished by tightening mounting bolts which are external- ly or internally accessible. Provision shall be made to check leveling of the unit. Luminaires shall include an integral twist- lock type receptacle for photoelectric cell control in accordance with the latest EEI-NEMA standards, and photoelectric control unit. The receptacle shall be prewired to the terminal board. The luminaire power unit assembly shall consist of an integral ballast, starter board, capacitors, and a heavy duty terminal block, and the power unit assembly shall be mounted on a sepa- rate component of the luminaire to facilitate replacement. The luminaire optical assembly shall provide a true ninety degree (90") cutoff that does not allow any :ight to escape above the horizontal and shall consist of a die cast aluminum lens holder, -56- an Alzak processed or equivalent aluminum reflector, a heat and impact resistant clear flat glass lens, and a porcelain enclosed mogul multiple screw socket with lamp grips. The socket sup- port assembly shall be adjustable to provide variations in the light distribution and shall be factory pre-set to produce a medium or long cut off Type Ill distribution. The optical assembly shall be sealed with a heat resisting gasket, and also filtered to prevent light loss from gaseous and particulate material infiltration. The optical assembly door hinge shall be designed so that when the door is opened the hinge pins shall prevent the door from swinging free of the pins. The luminaire shall be constructed and installed in such a manner to provide the required lighting distribution with the lower edge of the luminaire's housing below the entire light source and all glass- ware. External shielding added to the luminaire to accomplish the function shall not be acceptable. The fifth paragraph of Section 209-2.6 of the Standard Specifications shall be revised to read: The net weight of the luminaire, including ballast, and its projected area shall be no greater than the following: HPS Lamp Size Weight Projected Area (Watts ) (Ibs) (Square Feet) 100,150 E 250 50 400 55 700 75 1,000 76 2.0 2.5 2.8 3.0 Section 209-2.6 of the Standard Specifications shall be supplemented with the following: High pressure sodium vapor lamps shall have a clear glass bulb and be suitable for use in street lighting applications. The lamp shall be designed to operate in any position. High pressure sodium vapor lamps shall comply with the following minimum performance requirements. AN SI Lamp Size Ballast Rated Ave. We Initinl Lumens (A) Light Output Factor (Watts) Code (@ 10 hrs. per start) (Burninq any Position) Mean (B) Per (C) 100 s54 24 , 000 150 s55 24 , 000 250 S 50 24 , 000 400 S51 24 , 000 9,500 .90 .70 16,000 .90 .70 30,000 .90 .70 50 , 000 .90 .70 (A) Initial lumen ratings based on 100 hour photometry readings. (B) Mean lqht output factor is taken at 1/2 rated lamp life. , ,.. -57- (C) Lumen Output at end of rated life. High pressure sodium vapor lamps shall be able to reach eighty percent (80%) of light output within four (4) minutes and to restrike within one (1) minute after an outage due to power interruption or v&ge drop at the lamp socket. The base of the lamp shall have a device that will allow the installer to indicate the month and year of installation. Section 209-2.7 of the Standard Speci6catbns shall be supple- mented with the following: Mast arm length shall be eight (8) feet and shall provide a one foot minimum overhang past the curb face. Ballast Section 209-2.10 of the Standard Specifications shall be supplemented with the following: Ballast shall be suitable for use on multiple distribution circuits with 60Hz, 120 and 240 voltage rating. Each ballast system shall have an auxiliary starting circuit capable of supplying the pulse characteristics listed below. The starting aid shall be readily accessible and easily replaced in the field. Starting aids must be compatible with core and coil of the same rating without need for adjustment. Starting aids must be suitable for continuous operation for a minimum of three (3) months in the event of lamp failure without loss of life or ballast damage. HIGH PRESSURE SODIUM VAPOR BALLASTS Lamp Size ANSI Line +/- % Allow. Line Var. Line Power % (Watts) Code Vdts Line Vdts Oper. Amps Start Amp Factor 100 s 54 120 10 1.2 .8 98 240 10 .6 .4 98 150 s 55 120 10 1.8 1.0 98 240 10 .9 .6 98 250 S 50 120 10 2.8 1.2 98 240 10 1.4 .7 98 400 s51 120 10 4.1 1.1 98 240 10 2 Photoelectric Con trot Unit The photoelectric control unit sha a weatherproof housing which plugs into integral with the luminaire. 1 .7 98 Allow. Line Vdt Drop 40-50 40-50 40-50 40-50 40-50 40-50 40-50 40-50 . I consist of a photoelectric cell in an EEI-NEMA twist lock receptacle -58- The photoelectric control unit shall provide an output in response to changing light levels. The response level shall remain stable throughout the life of the control unit. The control unit shall contain a cadmium-sulfide photoelectric cell suitable for operation with 120 V or 240 V line supply as noted on the plans. The unit shall have a rated load capacity of 1,000 volt - amperes minimum, with a normal power consumption of not more than 10 watts. The control unit shall also have surge protection to prevent damage from sudden voltage surges. The control unit shall have a "Turn-On" level between one five (5) foot-candles. The "Turn-Off" level shall be between one-half (1 1/21 and five (5) times the "Turn-On" IeClel. The photocell shall be properly oriented with the photocel facing north. (1) and one and window Fuses Fuses shall be slow blow 13/32 x 1 1/211 in line 10 amps. The fuse shall be installed in the hot leg of the lighting conductor. The circuit shall be fused in the base of the pole and not in the pull box. Fuseholders Fuseholders shall be completely waterproof, shall grip the fuse in load side section when fuseholder is opened, be able to take a 13/32 x 1 112" fuse, with crimp type tubular terminals of a size able to take the size of cable in the particular street light. Wire and Conduit Run to Service Point Service conductor runs to feed points shall be solid or stranded copper wire, No. 8 AWG minimum. For service points that are from overhead electrical distribution on a wood power pole, the Contractor shall be responsible to install the conduit riser sweep, pull box within five feet of pole, and all trenching and resurfacing required at existing power pole. The Contractor shall be responsible to coordinate closely with the utility company regarding the specific circuit feed connection procedures for each individual service location. Pavmen t Payment for street lighting system shall be at the contract unit price per street light and shall include full compensation for furnishing all labor and materials, including coordination with S. 0. G. &E. necessary to provide the system complete in place including sawcutting, removal and repair of existing A. C. or concrete improvements disturbed in the construction of conduit, boxes, foundations, etc. -59- 26. TRAFFIC SIGNAL MODIFICATION. - Removing , relocating , furnish- ing and installing traffic signals and payment therefor shall conform to the provisions in Section 86, "Signals & Lighting ,I' of the CALTRANS Standard Specifications , and these Special Provisions. EauiDment List and Drawinas Equipment list and drawings of electrical equipment and material shall conform to the provisions in Section 86-1.03 , "Equipment List and Drawings", of the CALTRANS Standard Specifications and these Special Provisions. The controller cabinet schematic wiring diagram and intersection sketch shall be combined into one drawing, so that, when the cabinet door is fully open, the drawing is oriented with the intersection. The Contractor shall furnish a maintenance manual for all controller units, auxiliary equipment, vehicle detector sensor units, control units and amplifiers. The maintenance manual and operation manual may be combined into one manual. One copy of the maintenance and operation manual shall be submitted to the City prior to installation. The maintenance manual shall include, but need not be limited to the following items: Specifications Design Characteristics General Operation Theory Function of all Controls Trouble Shooting Procedure (Diagnostic Routine) Block Circuit Diagram Geographical Layout of Components Schematic Diagrams List of Replaceable Component Parts with Stock Numbers Foundations . Foundations shall conform to the provisions in Section 86-2.03, "Foundations ,I1 of the CALTRANS Standard Specifications and these Special Provisions. Portland cement concrete shall conform to Section 90-10, "Minor Concrete," of the CALTRANS Standard Specifications and shall contain not less than 470 pounds of cement per cubic yard, except concrete for pile foundations shall contain not less than 564 pounds of cement per cubic yard. The fifth paragraph in Section 86-2.03 ma foundation^,^^ of the CALTRANS Standard Specifications is amended to read: "Cast in drilled hole concrete pile foundations for traffic signal and lighting standards shall conform to the provisions in Section 49, "Piling," with added requirements that standards shall not be erected until seven (7) calendar days have elapsed after placing the concrete and that material resulting from drilling holes shall beconie the property of the Contractor." c -60- Excess unclassified material resulting shall become the property of the Contractor of. Conduit from foundations or grading and shall be properly disposed Conduit shall conform to the CALTRANS Standard Specifications and these Special Provisions. Rigid metal conduit to be used as a drilling or jacking rod shall be fitted with suitable drill bit for the size hole required. Insulated bonding bushings will be required on metal conduit. After conductors have been installed, the ends of conduits terminat- ing in pull boxes and controller cabinets shall be sealed with an approved type of sealing compound. Heavy wall Underwriters' Laboratories approved polyvinyl chloride (P.V.C Sch. 40) conduit may be used in sidewalk and roadway areas pro- vided the proper depth is adhered to. If the jacking method is used, a hole must be bored and prior to removal of the boring tool, the polyvinyl chloride shall be pulled back through the bored hole. Pull Boxes Pull boxes shall conform to the provisions in Section 86-2.06, "Pull Boxes ,I1 of the CALTRANS Standard Specifications and these Special Provi- sions. Grout in bottom of pull boxes will not be required. Conductors and Wiring Conductors and wiring shall conform to the provisions in Section 86-2.08, "Conductors ,I1 and Section 86-2.09 "Wiring ,'I of the CALTRANS Standard Specification and these Special Provisions. Vehicle detector lead-in cables within the controller cabinet shall be labeled with the appropriate detector number identification that is shown on the construction plans. The label shall be a permanent type. Conductors shall be spliced by the use of trC" shaped compression connectors as shown in the CALTRANS Standard Plans. Splices shall be insulated by Method llBrl. Field Testing Field Test shall conform to the provisions in Section 86-2.14B "Field Testing", of the CALTKANS Standard Specifications and these Special Pro- visions. -61 - Meggar test for traffic signal and lighting conductors shall be per- formed in the following order: Signals: After conductors are connected to signal head terminals, and before connection to controller. Lighting: Before fuses are installed in fused splice connectors, Load side conductors in signal heads shall be disconnected from terminal blocks during the test. The full cost for the Contractor performing this field testing in the presence of the Engineer shall be included in the lump sum price for Traffic Signal and Street Lighting installation and no additional payment will be allowed therefor. Pain ti n9 Painting shall conform to the ing ,It of the CALTRANS Standard sions. All paint is to be furnished expense. provisions in Section 86-2.16, "Paint- Specifications and these Special Provi- and applied by the Contractor at his Factory finish will be satisfactory for new luminaires and no further painting will be required. Steel poles and mast arms shall not be painted except that all cuts or damaged edges shall be covered in accordance with Section 75-1 .OS, IIGal- vanizing ,I1 of the CALTRANS Standard Specifications. Sianal Controller Model 170 traffic controller units, cabinets, and auxiliary equipment shall conform to the provisions in Section 86-3.11 IIModel 170 Controller Assembly" of the CALTRANS Standard Specifications and these Special Provisions. The controller shall be equipped with the latest CALTRANS approved local intersection control program and a full complement of prom chips. The Contractor shall install the new Type 170 controller in a model 332 cabinet. Emergency Vehicle Preemption The Contractor shall install Opticom or equal, emergency vehicle pre- emption equipment. The EVPE sensors shall be installed at the locations shown with all installation hardware furnished by the Contractor. Sianal Face and Sianal Heads Signal faces, signal heads and auxiliary equipment, as shown on the plans, and the installation thereof, shall conform to the provisions in Lection 86-4.01, "Vehicle Signal Faces," 86-4, "Traffic Signals and Fit- tings" of the CALTRANS Standard Specifications and these Special Provi- sions. -62- All Signal faces and all arrow indications shall be provided with , twelve inch sections with glass lenses. All lamps for traffic signal units shall be furnished by the Con- tractor. Nonmetallic vehicle signals may not be substituted for the type speci- fied in Paragraph 1, Section 86-4.01 (B), "Housing," of the CALTRANS Standard Specifications . Pedes t r i a n S ig na 1 s Pedestrian signals shall conform to the provisions in Section 86-4.05 , "Pedestrian Signal Faces ,I1 of the CALTRANS Standard Specifications and these Special Provisions. Pedestrian signals shall be Type B or Type C. types of screen shall be provided on Type B or Type C signals: One of the following A. An aluminum honeycomb screen with 3/16 inch cells, 3/8 inch thick, or a plastic screen of 3/8 inch squares, 1/2 inch thick with wall thickness of 1/16 inch shall be installed tilting down- ward, at an angle of 15 degrees (+/- 2 degrees) out from the top, and shall completely cover the left compartment housing the hand symbol and the right compartment housing the walk symbol. The screen shall be covered with a clear, 1/8 inch minimum thickness, acrylic plastic cover, or with a 1/16 inch nominal thickness formed polycarbonate cover. Screen and cover shall be held firmly in place by the use of stainless steel or aluminum clips or stainless steel sheet metal screws. B. A 1-1/2 inch deep eggcrate type screen either of 0.020-inch minimum thickness 3003 H14 aluminum alloy or of 0.030-inch nominal thickness polycarbonate. The assembly shall be mounted in a frame constructed of 0.040-inch minimum thickness aluminum alloy or polycarbonate. The vertical spacing of the horizontal members shall be starting approximately 1 /4 above and ending approxima inch below the hand and walk symbols respectively. Additional members may be employed outside the two areas for structural strength. 12 inch ely 1/4 legend The eggcrate type screen shall be installed parallel to the face . of the message and shall be held in place by the use of stainless steel screws. The hood described in Section 86-4.05c, "Visors," of the CALTRANS Standard Specifications may be omitted with the egg- crate type screen. - -63- The screen and frame shall be anodized flat black or may be finished with the flat black enamel as specified in Section 91-4.01 'IEnamel: Traffic Signal Lusterless Black ,I1 of the CALTRANS Standard Specifications. Said enamel shall be applied in the shop at the Contractor's expense. Alternate methods may be substituted for the above screening providing the results are equal to or superior to those obtained with the above specified screens as determined by the Engineer. Detectors Detectors shall conform to the provisions in Section 86-5, "Detectors ,I1 of the Standard Specifications and these Special Provisions. Loop detector lead-in cable shall be Type B. Existing detector loops shall be modified and/or new loops installed in such a manner that the period of time that signals are in the 'flashing' or shut-down mode is reduced. Contractor shall coordinate with and obtain approval from City Engineer as to the maximum time period signals may remain in this mode. Sians. Reaulatorv and Warnina Signs shall conform to these Special Provisions, the Plans and the State of California Traffic Manual, The Contractor shall furnish and install the regulatory and warning signs as shown on the plans. The signs shall be aluminum with a minimum .080 gage thickness. All signs shall be reflective. Relocation of Existing Equipment The Contractor may reuse any existing signal equipment which is shown to be removed or relocated. The Contractor, however, shall not reuse any equipment which in the opinion of the City Engineer is damaged. Shutdowns Signal shut downs shall be kept to a minimum and shall not last more than two (2) calendar days. Prior to the shutdown of the signal system the Contractor shall install a minimum of two stop signs on each approach and shall notify the Police Department a minimum of 24 hour prior to the shutdown. Salvaaed EauiDment Salvaging of electrical equipment and poles shall conform to Section 86-7 "Removing, Reinstalling or Salvaging Electrical Equipment" of the CALTRANS Standard Specifications and these Special Provisions. Salvaged equipment not reused on the job shall be delivered to the yard area at the Public Works Department. -64- Delivery time and location shall be coordinated with the City Engineer a minimum of one (1) working day in advance of desired delivery date. Delivery includes the necessary off-loading and proper storage. It is the responsibility of the Contractor to obtain an appropriate receipt upon delivery . Pavment Payment for traffic signal modifications shall be at the contract lump sum price and shall be considered full compensation for furnishing all labor, materials, equipment, and incidentals necessary to perform the work. 27. HYDROSEEDING. - The new roadway fill slopes and dirt parkways adjacent to the new fill slopes shall be hydroseeded with a mixture as specified herein. Hydroseed mixture shall be applied by equipment which is standard to the industry. The application per acre shall consist of: Wood Cellulose Fiber Stabilizing Emulsion Commercial Fertilizer ( 16-6-8) Seed : Alyssum Maritima Ca I i fornia Poppy A tri plex Semibaca ta Perenial Rye Grass Gazania Hybrida 1,500 pounds 100 pounds 500 pounds 4 pounds 2 pounds 2 pounds 20 pounds 4 pounds The area to receive the hydroseeding shall be pre-moistened. Addi- tional watering will not be required to establish growth. A dispersing agent recommended by the manufacturer may be added provided that the agent is not harmful to the mixture or to plant growth. The materials shall be mixed in a tank having a built-in continuous agita- tion and recirculation system of sufficient capacity to produce a homo- geneous slurry. When hydraulically sprayed on the ground, the material shall form a blotterlike cover impregnated with grass seed and fertilizer. The cover shall allow rainfall or applied water to percolate to underlying soil. If applied material begins to dry out within 24 hours, the Contractor shall spray the dried area with water. The nozzles used for watering shall produce a spray that does not concentrate or erode the material. Payment for hydroseeding shall be at the contract bid price per thousand square feet, and shall include full compensation for furnishing all soil preparation, water, labor, materials, tools, equipment, and doing all work necessary in providing the hydroseeding complete in place. 28. JOB SIGNS. - The Contractor shall furnish and install job signs at locations on the site as directed by the Engineer. The sign shall be four feet high by eight feet wide constructed on 314 inch exterior plywood with -65- 4x4 redwood posts on each end. When installed, the bottom of the sign shall be five feet above the ground and the posts shall extend a minimum of 2.5 feet into the ground. The sign shall be professionally painted and lettered and shall contain the following information: The name of City and City seal; the project name; the name of the prime Contractor: the name of the Engineer, the name and title of the Mayor, the City Council members and City Manager. The exact layout of the sign shall be coordinated with the Construc- tion Inspection Division of the City Engineering Department. The City will provide City seals for the Contractor's use in preparing these signs. Lettering shall be a minimum of four inches high, block (Gothic) style, painted black on a white background. At the completion of the project, the signs will be delivered to the Engineer's designated storage area. -66- APPEND1 X -Standard Drawings -California Department of Fish and Game Permit b 3 - H 0 c 1 1/2" oxapt whm olevations rhm indiata othrmio. r c TYPE G & H CURB with 6" Curb Fam NOTES: 2. So@ Standard Drawing 6-10 tor joint dotnib. I. COncnh chrll bo 517 - C - 2500. LEGEND ON PLANS DRAWING NUMBER 6-2 RIvirion I By1 Approd I Dm SAN DIEGO REGIONAL STANDARD DRAWING I1 I CURB AND GUTTER - COMBINED 11" SAN DIEGO REGIONAL STANDARD DRAWING fl*vislon By Approwd Date 1 , DIKES (BERMS] - ASPHALT CONCRETE - -# TYPE A-SECTION llCOYYtN0t0 IV 7Mt SAM OltGO RICIOMAL SIANOAIIOS comYirTtE c-nilUOl- &/&.A/- &e /WS ORAWlNG NUMBER G-5 Height 6, 8", or 9" 2H + 6 TYPE C-SECTION Slooa end of dike 1 : 1 whin not joining othar improwmnO ALL TYPES-SIDE VIEW L[ I- 13" - - - TYPE 6-SECTION TYPE 0-SECTION APPROX. DIKE QUANTITIES_ C-6" 0.0375 C-8" 0.0583 C-9" 0.0702 0.0062 NOTES 1. Dike is to be plecrd on a minimum 2' of A.C. road surfacing, extanding throughout tha width of tha dika. 2. AR-8000 gnde esphalt to be used for all dikes 3. A.C. diksl may ba shaped and compacted with an extrusicn machine or other equipment cspabla of shaping and compacting the material to the required cross section. LEGEND ON PLANS Typa A Dike 8-1 AREA - 0.79 SCZFT. ntconinoio ar rnt UR oitto 1fG101141 nuo~aos wwlnii &~xi &z MfS - .~---- C." vu Ri L 'ab01 ON~ DRAWING NUMBER C-6 112" dia. continuous steel bar L 2" Wiakened Plane Joint I Renuon By Approwd I Date Note 1 ~& P S 1.77 SAN DIEGO REGIONAL STANDARD DRAWING -- CURBS AND GUTTER - MEDIANS I 6-2 AREA = 1.29 SQ.FT. u-- 1/2" dia. Sfeel ODnnls 8 4' C.C. min. length 8" Ism note 3) 0-3 AREA - 0.29 SQ.FT. NOTES 1. Concrete shall k 517-C-2500. 2. See Standbrd Drawing G.10 for joint details. 3. Extruded type B-3 curb shall be anchored to existing pmmrnt by placing nee1 domls and reinforcing steel as shm or by ww an epprowd adhasiw. 8-4 AREA - 0.35 SQ.FT. LEGEND ON PLANS Type 8.2 Curb and Gutter Type 0-1, 8.3, 8-4 Curb NON-CONTlGUOUS 1 Revision By Apprond Date I Width I shown on plan SAN DIEGO REGIONAL STANDARD T’RAWING CONTIGUOUS NOTES 1. Concrete shall be 517 - C - 2500. 2. See Standard Drming G-10 for joint details. SIDEWALK - TYP!CAL SECTIONS RfCDYYtNDtD IV THE IAN DlfCD REGIONAL STANDARDS CDYYIlTfE DRAWING NUMBER 6-7.1 Bottom of Curb ELEVATION Revision By Approved Thlckoen D-J Thicknesr,_d m.8 SAN DIEGO REGIONAL STANDARD DRAWING Cone. Tw %.e. -- CONCRETE DRIVEWAYS 5%'' Residential J Dat[ 7-2 6-L 102 5W Commarial SECT ION 2" RJ L1" above Gutter NOTES 1. No concrete shall be placed until forms and subgrade are inspected by the Agency. 2. Concrete shall be 520-C-2500. 3. See standard drawings G.15 and G-16 for width and location requirements. LEGEND ON PLANS of - Residential (Commercia 4-t Driveway DRAWING NUMBER 6-14.1 M8-0 - / d i 4 9 5L sa I- L Toenail with I - 160 gal nail on each side of the block \ flat pbte wosk levision -. Cut steel washer with hex nut Ground Line Q 518" Carriage bolt Shoulder Surfocing By Approwd Date ntcouwwoto ev in( SAM DILCO IlttlDM*L s,A,,oAI1os touY,,,Lf . - &GAL& 8iu ws CGZziriiRC t 19101 Dae SAN DIEGO REGIONAL STANDARD DRAWING Fir Block. Douglo Fir Post, pressure treated. UL Rail Splice 4 0 j? n - Toe Face of Dike/ of Curb SECTION AT SUPPORT SECTION AT BERM Post spacing 6'-3" C. to C. LINE POSTS 6"x 8" Block between post and mi I /on a11 posts 7 I 6'-3" 1 Traffic PLAN Lop in direction of troffi T *y a Traffic -cu ,cu -m, nf' - mm .o' Cx 8' Douglas Fir Post - *IL A 0 ELEVATION NOTE See Standard Drawing M-8 for additional details. 7 0.108" om W@U &./m . LLL M OI RETURN SECTION I ' I METAL BEAM GUARD RAIL I 543''573 BUTTON HEAD BOLT FLAT PLATE WASHER TERMINAL SECTION TYPE "A" ~~1~ Wmonhead ml shoulder bolts with 14 recessed hsx nuts - Total. 8 per splice and 4 par !ormind section Lap m direction of tmffic. RAIL SPLICE t- 27" Slotted rlrment Section TERMINAL SECTION TYPE " 8" SECTION THRU RAIL ELEMENT NOTES 1. See Standard Drewing M-7 far guard rail installation. 2. All metal elrmnu shall be galvanized. ORAmlle MUYIER M-8 DETAILS I I I1 I i '' 4 f t--I d E A79-A 0 El c .- E b N ~~ ~ ~ afconinoeo 41 TNf w oitco SAN DIEGO REGIONAL STANDARD DRAWING CY-. G"ZFKrlsi0r D,,. ORAWING MUYBEA M-IO I€C@Ul S'fuOAnm CONlllff LZ'L./~~& && /T?S STREET SURVEY MONUMENT 24" min - m Rmuon Ev Apprond Date Notes & DJ 7-7; 1 L6'' thick grout pad L Slope surface of grout pad to drain away from cover, and to meet existing grade. PLAN-IN UNPAVED AREA 2" min C.I. I - 1 I I RISER RING Grout around box C.I. Fnm - 7 NOTES 1. Cover and frame to be urt integrally with pipe box. 2 Monument ban may be cast in place or prem. TYPICAL MONUMENT SECTION IN PAVED AREA 3. Form and taper exposed upper 6" of cast in place bsm to a top diameter of 5". (Precast baa shall be sand 4. Monument marker shall be a domed brass, 3" in diameter. 5. Monument Location: backfilled). a) Set on all Centerline intersections unless actual location b modified by the Agency and shown in modified loation on map. When centerlinr interoletion is impractical, offset 5 fnt on centerline of major street, (see detail at right). If neither centerline can be occupied, two monuments will br mt in line around the front on the perimeter of a t@foot diameter circle, whose center is the point. b) Sat on centerline at intervals not exceeding 1000 feet on straight runs. c) Set on centerline at points of curvaturm. d) Set on center at canter points of cul-de-sacs. eJ Set on unterline when center point of cul-de-sac is offset from centerline. 1) Them standards may be modified at the discretion of the Agency in casts where Rrict compliance there with results in more monuments than it considers neceasry. The lollowing technique for reducing the number of monumnts will be routinr. g) Substitution of one monument on the "Point of Intersection" for monuments at the '%ginning of Cum" and the "Ending of Curve" when the "Point of Intersection" falls within the pavement area. hJ Oeletion of any monument otherwip, required by them standards when its position can be determined by turning one angle from a point on a straight line between two other monumantt. providing such point is not more than 300 faat from the point on which the delrted monument would haw been placed. Alternate location of monument. Tir distances shown on final arb. division map if alternate location is umd. LOCATION OF STREET SURVEY MONUMENT , hvision - -. Arm Lmgth 8' mu Curb Overhang 1' min Hand hole to fra mnt 564 - C - 3000 P.C.C. Anchor baa quare or round, add 1' to each dimension for loot, soil or soft .. ' :1 U r.6" RECT BURIAL FOUNDATION ANCHOR BASE FOUNDATIOI Finished Grade Anchor bolts must not protrude. Anchor Bolts (4 rep.) l'x 3rx 4' hoo Use two leveling nuts with washers (all on each bolt. ntcouuwoto 8v THE UN oitrio BY Approwd Date - SAN DIEGO REGIONAL STANDARD DRAWING IIEG,ON~L COlulTTtt G5uuu &u /WS NUMBER E-1 Coor&mtor IC t IWO) DIU DRAWING ORNAMENTAL STREET LIGHT ORN,_MENTAL STRTET LIGHT 6 SUPPLEMENT TO DRAWING E-l STEEL COlYOUlt DIRECT BURIAL aU.& &/m OnAmWO wuun €02 -- 3 Id copprr win grounbd to polo rrml wth lug NON-METALLIC CONDUIT FOUNDATION I i I 6ROUWDIN6 . I OF CONCRETE L16HTIN6 STANDARDS r 1 I ANCHOR &E @ btrltaduit. NON-METALLIC CONDUIT UNDATION 8-1 conduit--\ Anchor Robc DETAIL A 1/2"MlN. I/B"EDG€ TAPER . . . . . . .. . -. . -- __-. .__ ---. FINISHED GRADE r RE IN FORCED --- -- SECTION A-A PLAN 4 TOP DIMENSION SECTION B-B COVER REINFORCING PLAN NOTES I). USE STEELCOVER WHEN SUBJECTED To TRAfFlC LOADS. 21. PULL BOX COVER SHALL BE MARKED "STREET LIGHTING" WHERE PULL BOX CONTAII?S STREET LIGHTING CONOUCTORS ONLY. HIGH VOLTAGE SHALL BE ADDED . WWERL VOLTAGE IS ABOVE 600 VOLTS. 5) THE L AND W OIMCNSIONS OF THCCOVER SEAT SHALL BE 1/8"GREATER THAN THE COVER DIMENSIONS. PULL BOX. 4). COMPACT EARTH UNDER AND AROUNO DEE . BAR! --,-, fL /0-/5-e0 GS-13 'EV. APPROVE9 OAT€ OATC CITY €W)mCER PULL BOX FOR TRAFFIC SIGNAL AND STREET L IGMTING SURE ML NTAL STANOARO W. '! I I Revision 1 By Notes It, SAN OlEGO REGIONAL STANDARD DRAWING -Manhole frame FA Approved I Date J?5 7-79 curb height in 10 ft. on both sides unless '48 -- LA LB Edge of Gutter Y 4 BB", PLAN cr- L Length shown on plans H tomrds outlet -1 T Ly_l Determined by pipe T 1- size--4' min. E' max. SECTION C-C Galv. steel angtr continuous and protection bar. SECTION 6-8 Curb Line Y+10' I/ 10'unlm SECTION A-A NOTES: 1. See Standard Orwings 0-11 & 0-12.1 for additional nom and detrils. 2. Types are designated as follow: (no wing) E, (one wing) 8-1, (two wings) 8.2. 3. Expood edge$ of concrete shall be rounded with a radius of 1/2". 4. When V exceeds 4' steps shall be installed. See Standard Orawing 0-1 1 for details. 5. Concrete gutter to match adjacent gutters. 6. An expansion ioint hall be placrd at the ends of the inlet whew the curb is to adjoin. 7. Provide 1/4" tooled groon in top slab in line with b#k of diacrnt curb. 8. Surface of top slob shall be sidewalk finished to drain toward strwt at a slope of 1/4" per foot. 9. Maintain 1 1/2" clear spacing between reinforcing and rurfaa unlm othrmiu noted. LEGENO ON PLANS 15' Type 9.1 inlet A 2 15' I, DRAWING NUMBER 012.1 CURB INLET - TYPE B - 0 l? I: ?I J:; GUTTER ik.7 7:7.-ei. t .: :A SECTION 5' I ! 5.5' CUR8 INLET 5.5' 5' - I -------- I I I L---,,,,J r I I I v=+: 1 t REV. 1 $ /0-/5-$0 APPROVED OAT€ CITY OF CARLS8AD OATX CITY cIK)(nCca I - i : d Transition from berm to ditch mction. i P Transition from berm m to ditch section. "I I PLAN NOTES 1. A.C. spillmy may br umd when fill is 10' or less, and whrrr fill dope h 1 1/21 or flatter. 2. Urn 10' min. length of gutter transition on nch ride of downdrain in sag condition. TOP of Berm Roadway Surface c .- io SECTION A-A 2" AX. NOTE Cross . sectional area of ditch may be founded, or trrglzoidrl. SECTION B-B TVPe 0 A.C. Berm 3c' k 2" A.C. ALTERNATE SECTION 8-B LEGENO ON PLANS con7]r FACE ELEVATION SIDE ELEVATION NOTES: 1. A curtain wall shell be und in plm of a headmll at culvert ends where extamion 2. Concrete shall bm 564-C-3OOO. 3. Keep the pipa-end cloar of obstructions to permit easy placing of culnn extension. of the culwn k conridend imminent or no fill is retained. LEGEND ON PLANS Revision By Apprond Dm SAN DlEGO REGIONAL STANDARD DRAWING :011tNOCO W TNI UN OItGO 11ONAL SlMOAIlOS COWlntI WUW brC./m act tn'T AWlNO WEER 0-38 I CURTAIN WALL I 30 or 3W A Revision By Approved ntcomaoco IILJ:ONAL STUOAllOl I* THE COYYlntl SAM oitoo SAN DlEGO REGIONAL STANDARD DRAWING sill, kr Wfldiiii bLC H?S ~Z,IWIU nr t iwor n mu . RIP RAP ORAWING NUMBER D-40.1 ENERGY DISSIPATOR 0 - Pipe Diameter W - Bottom Width of Channel Dare ,osri L6" Sill, Clm 42&C.2000 Concrrtu SECTION A-A PLAN 20 or m Blan kr t NOTES: 1. Plans shall specify: A) Rock dm end thicknm V). B) Filter material, number of layen and thickness. 2 Rip rap rhlll k either quarry stone or broken concrete (if shorn on thr plans.) Cobbles are not acceptable. 3. Rip rap shall ba plead over a filter blankrt which may be either granular material or platjc filter cloth. 4. Sea standard spacial provisions for selection of rip rap and filter blanket 5. Rip rap energy dirtipaton shall be designated as either Type 1 or Type 2. Type 2 shall be without sill. Type 1 shall be with concrete sill; SECTION 6-8 EL EVATION _I pipr sizes 30" and smaller 9" min., for pipr sizes larger thrn 30 SECTION A-A NOTES: 1. Pipe collar does not hava to be finished if covered, but mutt haw I minimum of 6" of concnte around joint. 2. Concrete shall be 564 - C .3000 LEGEND ON PLANS -n- U Revision ]By[ Approved 1 Date SAN DIEGO REGIONAL STANDARD DRAWING ItCOIIIIOfO IV TUf UII OltCO ItGlOl4L nuomoi coiimtt I DRAWING NUMBER 0-62 I PIPE COLLAR I I I I I I I I I I m E 3" 47O.C-2000 concnh or 3" 2500 psi, air plrwd concrete with 1H"xlW" 17 0101 mcco ba rounded at the option of the contractor. nening. TYPE A BROW DITCH TYPE B bottom m 3" 47O.C-Zi!OO concrete or 3" 2500 p',, air placed concrete iay be rounded at the option of the contnctor.-/ with 1H"xr'h" 17 gaga stucco nening. TYPE c TERRACE DITCH TYPE 0 NOTES 1. Longitudinal slope of lined ditch shell be 2% minimum. 2. Owr slope down ditches shell employ 6" thickened edge getion at both ddn of ditch. LEGEND ON PLANS --- ORAWMG WUMOER 0-78 Revwon SAN DIEGO REGIONAL STANDARD DRAWING b By Approd C8U TRIPLE BOX CULVERT a GB 0 -- I TYPE A NPE 0 END ELEVATION STRAIGHT WINGWALLS TYPE C TYPICAL SECTION TYPICAL SECTION H*4'thru 12' H113'thru le' -\ I 1 'Qad DETAIL X DETE.ll Y SECTION 6-6 I I I I I I I I I I i I evision InCrete U Y-l . . . .. By Approwd Dm n€COuYtlDtD I? TMf SAN OlfGO . SAN DIEGO REGIONAL STANDARD DRAWING ntG,ON,L gArrO,nof W w.6. io-rt - &gk& diu 1VS turawtm nc I ir0T C- 0 RAW1 NG NUMBER 0- 81.1 I BOX CULVERT MISCELLANEOUS DETAILS r 648 MARKINGS Tmffla Menus1 74nl noon- TYPICAL DELINEATORS ! CLASS I FLu(i8e POST DELINEATORS . Edge of Trovebd W8y f &Ineator shoulder 2'toe' DELINEATOR POSITIONING DELINEATOR REFLECTORIZATION NOTES: 1. The typ. Of mflactorlzatlon and the Clare of poet la deblg noted am E-1, F-2, otc. 2. Claw I dellneaton are Intended to be standard on state highways, except forcomln locatlonr, e.g., anow, protected area8 behind gUSrdrSll, etc. 3. The reflector ured on beck of dellneator may be 3" round or 3" square. 6=16 MARKINGS Traffic Manu81 Flml ngun 6-2 LANELINES MULTILANE HIGHWAYS OETAIL 77 a* W' Isnellno pathm for UI. on multilano 8h.eta and hlghwayr (normully uwd on local atnnta I and hlghwaya). 0 bnellne pattern with pavement marken for UIO on mutttifane conwntfonel street8 und h Ig hwsys. LEGEND 4" Whlte OneWay Clear Retlectlve Marker * Olrectlon or T~VOI El RedClear ~er~oct~ve Maker 0 Non-Reflective Whlte Marker 0-18 MARKINGS Traffic Manual 7.1- NO PASSING Fiounw ZONES *TWO Dl RECTION Two dlnctlon nepmulng pattom .wtth pave mont markers for uao on twa-lane atreeta and highwan (8eo Nok 1). NOTE: 1. Pavrmont marken In Dotall 22 may k placed on the Ilne. LEGEND -. 4" Yellow 0 TweWay Yellow Refldve Marker c Dlrectlonr of Tnvd 0 NorrRsflcrctlvs Yellow Marker b20 MARKINGS traff IC Manual I-lrl ngun 6-8 MEDIAN ISLANDS Doubk left dgollno pattorn wfth p.vomont marlcon tor we on rlbprved wctions of rtreeta and hlghmya (soo Not. 1). LEGEND NOTE: 1. Pavement marken In Oetall 28 may be placed on the Ilne. 4'' Yellow 0 TweWay Yellow Reflectlm Marker c ..+ Dlmdons of Travel 0 Non-Aeflectlve Yellow Marker I ..... \ &21 Traffic Manual MARKINGS 7-1l)l FIQW 8-7 TWO-WAY LEFT TURN LANES DETAIL 32 I a' 1 24' I 24' D 0 I 24' 98' 0 Q I #' I ra c 1 8 1 POLICY -Way left turn lane pattern wtth pavement markers for use on streets and highways (800 Nota 1). LEGEND - 4" Yellow - Dlrectlonr of Travel 0 TweWey Yellow Roflectlw Msr)cer 0 Non-Reflectlve Yellow Marker Q1 I NOTE: I. Pevemant marker8 In Detall 32 mey be placed on the Ilne. qc MARKINGS 6-23 - traffic Manual 7.1981 ngw 0-0 MISCELLANEOUS MARKINGS Lane drop pattern for use at freeway exlt ramps. Sea elBo Flgum 610. *Reflective markem may k placed on Ilne. DE TAIL 38 (Chmmlkhg Uno) Typlcal channellzlng tlne for use on Left-turn or Rlght-turn laner on rtreeta and hlghwap (am Sectlon 602.2(3)). a m ThrOughTrn 24' I 24' I LEGEND 3 Dlrsctlon of Tmvol 0 OnaWay Clear Reflecttva Mcrker . MARKER DETAllS ii TYPE D TYPE G REFLECTIVE SURFACE AGREEMENT RELADING PROPOSED STREAM Oh LAKE ALTERATION THIS AGREEMENT, entered into between the State of California, Department of Fish and Came, hereinafter called the Department and City Of Cwad of Cmlebad , State of ballf oaa , hereinafter called the operator, is as follows: of California Fish and Came Code, the operator, on the 2p dayof Mag , 1g866-, notified the Dcpartment that he intends to substantially divcrt or obstruct the natural flow of, or substantially chan e the bed, channel, or bank of, or use material from the sheambed of, the following water: mciataa & htiquitos LaQooq in the County of EREAS, pursuant to Section 1 601 , State of California, ~35,34~ 12s RL. -7 WHEREAS, The De artment (represented by& Fitzsi=na has made an inspection -, 19=, and) has determined that of subject area on the L day of such a ions may substantial1 adversely affect existin fish and wildlife resoiirces including: &&ian.~woodlandk. coastal salg march & br-d assaciated wildlife species a TIJEREFORE, the Departmcnt liereby proposes mcasrires to protcct fish and wildlife during the opcrator’s agrees to accept the following recommendations as part of his work: Numbers - from thc list of rccommcndations on the work. The operator hereb 1.2.3.4. 13.14.1J,~ 21 -----_- back of this page and the following special recommcndations: 1. All work in or near the stream or lake shall be confinctl to the period - 2. Applicant will conform project to all requirements of the Coastal for the enhanaement of Batiauitoe Lamon. 3. Mitigation will consist of rePlm-al,gut 1.7 acre6 of wian habitat near the intersectfon of Saxonp Rogrd -sh -=&Saxony native vegetation. and creatina about, 4.7 acres of by dredging two areas east of the interBection of La ually and appropriate measurea taken Lareas are noLm&abUaUng-~rly. Commiseion, Corps of Engineera, and tbe Coast- ’* -S La Costa Ave with 4. Monitoring of the enhanced & reveaetat ed was be 5. Revegetation of manufadtured sloDes and crib ~~13s will b - by hgdroaeeding & plantina around c~vers and 8 l-udxuld- mix chaDamal-- 6. En be cmtruxteL~mntlthQfEnr-lnitrra to a minimum by use of siltation basas or Q3hezmLeqaate- Creektsiltationfromw Aagac-bx3m-pmjeCt will be k ept If the operator’s work changes from that stated in thc notification spccified above, this agreement is no longer wlid and a new notification shall bc suhmitted to thc Dcpartmcnt of Fish xiid Guinc. Failure to comply with thc provisions of this agrecmcnt and with othcr pcrtinent Codc Sections, including but not limited to Fish and Came Code Sections 5650, 5652 :md 5918, may result in prosccution. Nothing in this agecinciit iluthorizcs thc opcr:itor to trcspnss on niiy land or property, nor docs it rclicve thc opcrator of responsibility for compliancc with nppliciililc federal, stntc, or local laws or ordinances. A con- sunirnatcd agreement does not iicccssnrily constitiitc Dcpnrtmcnt of Fish ant1 Garnc cndorscrncnt of thc proposcd operation, or assure thc Dcpartment’s concrirrcncv with pcrmits requircd from othcr agencics. 11 u Organization @r r3 &= cmsl3&Q - Date (E 19% If inspection was not made, cross out words within parenthrsrs. D&xtrncnt ncprescnrntive Dcpartment of Fish and Came, Statc of California DateA&-Q IQK --- FG 1050 f11.’9l 1. 2. 3. 1. - a'). 0. e. 1. 8. .1 ,... :_ ._L 9. 10. 11. 12. . ..,r--l..... c-c ----,.---~,-~~~~~~:~~~.,,-. -. - -- ~ I_.* ,- - ' 1' '1 . I *.., -. . Disturbance or removal of vegetation shall not excccd the minimum necessary to. completc opcrations. Thc disturbed portions of any strcam cli;inncl or lakc mar- gin within thc high water mark of thc strcarn or lakc shall he rcstorcd to as near thcir original condition as possible. 1 Restoration shall include the revegetation of strippcd or exposed areas. Rock, riprap, or other erosion protcction shall be placcd in arcas whcrc ve ctation cannot rrasonahly be cxpcctctl Installation of bridges, culvcrts, or othcr structures shall bc such that watcr flow is not impaired and u strcam or dowwtrearn passagc of fish is assured at aR times. Dottonis of tti orary culverts shall be placcd at or ciiliwts shall lx plnwd helow strcarn channel gradc. Plans for 'dcsign of concrctc sills and othcr features that cauld potentially impcdc. fish migrations must be approvcd by Dcpartmcnt enginccrs. U'hcn any dam (any artificial obstruction) is being constructcd, mnintaincd, or placcd in opcmtion, sufTi- cicnt wator shall at all timcs bc allo\rwl to pass down- strcam to maintain fishlifc below thc dam. An adcquate fish passage facility m&t be incorporated into any barricr that obstructs fish passage. . . . - Any tcmpbrary dam -(an gavel which will ~;IUS~ little or no,siltation. .- -- No equiprncnt will bi-dpcratcd in live strcim- chanricb. Equipment shall not bc operatrd in the strcam channels, of flowing livc strcams cxccpt as may be necessary to construct crossings or barriers and fills at channel changes. , , When work in a flowing strcnm is unavoidablc, thc entire strcamflow sliall Iic divcrtcd around the work a barrier, tcmporary culvcrt, and/or a new stream fish movcmcnt. Construction of thc barrier and/or thc ncw channcl shall normally begin in the downstream area nnd continue in an upstream dircc- tiori, and thc flow shall be divcrtcd only when con- struction of thc diversion is complctcd. Channel hank or lnrrirr construction shall I)o adcqrintc to prcvcnt sccpngr into or from thc work ;irra. Channcl banks or barrim shall not hc mndc of earth or other srihstnnccs sulijcct to crasion unless first cnclosrtl hv shcct piling, rock riprap, or othcr protective material. Thc cnclosiirc and the supportive mntcrinl shall I)c rcrnovcd when thc work is cornplctcd and thc rcrnoviil shall normally procccd from dowvnstrram in an iipstrrnrn clircction. T(vnpornrv fills shll hc* const nic,tr(l of nonvro(li!)lt- rn:itcrinlr ;inil \h;ill lie rrrnovctl iiiii~i~~~i;it~-Iy rrlioii work minplction. to bccornc recsta t lishcd. bclo\v strcilm ' "R c anncl grade. Uottorns of pcnnancnt - -. hrtificial obstruction) &n-- ''_' -. . structed shall only bc bui r t from mtcrial such as clean .- . ' .. .'1 . & a- channc br capablc of pcrmitting upstrcam and down- ....__ ---_ -- . .- -- 1, 1.' I- sary to construct bam'cn or fills. If work in thc hkc is unavoidablc, a .curtain cnclosurc to prcvcnt siltation of thc lakc beyond tho immetliatc working area shall bc installcd. Thc cnclosurc end any siipportivc material shall be rcmovcd when thc work is complctcd. 14. Silt settling basins sliall bc located away from thc strcam or lakc to prcvcnt discolorcd, silt-bearing watcr from 13. 16. 17. 18. -. - . b 19. 20. 21. 2'. rcaching the strcam or lake. Prc arntion shall 1)c rnatlc so that runoff from stccp, cro x LIP surfaccs will Iw divvrtcd into stable ;ircas with little erosion potential. Frcqucnt wntcr chccks shall bc placed on dirt roads, cat tracks, or othcr work trails to control erosion. Was11 watcr containing mud or silt from agpcgatc wash- inq or othcr opt-rations slid1 not bc illlo\\*cd to rntcr a hkc or flowing strcams. - it) A silt cntchmcnt basin shall be constructcd across thc strcarn immcdiatcl * I)clow tlic projcct sitc. This catchment basin shall bc constructcd ot gravel which is frcc from mud or silt. b) Upon completion of thc rojcct and aftcr 311 flowing watcr in tlic i\rca ir clear o P turbidity, thc gravcl along with thc trapped scdirncnt shall bc rcmovcd from thc strcam. If opcraions rcquirc moving of cquipmcnt across a flowing strcam, sricli opcrations shll bc conductcd without substantiidly increasing strcam trrrhidity. For repcatcd crossings. ttw dpcrntor shall initall a bridgc, culvert, or rock-fill crossing as spccificd in cornmcnts If a stream chnnncl has bccn altcrcd during the opcra- tions, its low flow channel shall hc rcturncd ;is ncnrlv as possiblc to its nntwal statc wittiout crcnting n possiblc futurc bank erosion problcin, or a flat witlc channcl or sluicc-likc arca. If a lake margin has I)CC.II altcrcd, it shall bc rcturncd as ncarly as possiblc to its natural statc witliout crcnting a future bank erosion problcm. Thc grmlicmt of thi~ strrnml)ctl or Ink13 m.irgin shnll bcr ns nrarly as possililc. the same gradicnt as cxistcd prior to distur1)nncc. Structures and ascoc.i;itc~tf m;itcrials not dcsignctl to withstand high st*;ison;il f1otr.s shall he rcvnovcd to wca'i abovc the high wntcr mark hcforc siicli flows occur. No dhis, soil, silt. sand, hrk, sl;ish, saudiist, nib- hich. ccrnrnt or c.onc*rr-tc or wasliing~ thrrrof, oil or c.trolc*urn )rotliictr or 0thr.r orgnnic or c~~rthc-ri mntrrinl t'rorn any logginq, con5tnictioii. or a\socintrtl activity of \vhatrt.c*r n;ittrrc xli:ill lx! allowtvl to cntcr into or pl:iccd whcrc it rnny t)c washed by rainfall or rrrnoff into, iv;ttcm of tho State. Whew opc.r;itions arc tam- Ictrt!, any cxww matc8ri;ils or tf~lwis slinll Iw rc*movt*d rrom tlic. work :irc;i. NO ml)t)isli shn~~ tw dqmsitcsci within 1.50 fwt rif llic Iiigli watrr ni;irk of .my strcwn or Iakc Ttiib ol)c-r.itor \vi11 riot if!. 1t1(. I)l,;i,irtiiii,iit id I:i\h iiiitl tIu* ci,rti. of (~oiii~)It~~~~)ii of oi)i-r.tliijii\ %it lc).i\t I;vc* d;iys prior to siic.11 t ~~iiiiil~~~i~iii. .. .. 1- bcblo\v. - (;allllf' Of t!l(' (t.lt(' Of ('OIIItIIr ll~'t~l:l,~i,! (Jf l)i)l 1.1ti 'II\ :illll