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HomeMy WebLinkAbout2008-09-23; City Council; 19573; Reporting Out the Terms and Conditions of the Settlement Agreement Regarding the Properties located at 7550, 7551 Agua Dulce CourtCITY OF CARLSBAD - AGENDA BILL AB# 19,573 MTG. 09/23/08_T^^^^^^~~ w DEPT. CA REPORTING OUT THE TERMS AND CONDITIONS OF THE SETTLEMENT AGREEMENT REGARDING THE PROPERTIES LOCATED AT 7550, 7551 AGUA DULCE COURT DEPT. HEAD CITY ATTY. CITY MGR. RECOMMENDED ACTION: There is no action the Council needs to take. ITEM EXPLANATION: The parties have now settled this claim under the authority given to the City Attorney by the City Council at its closed session meeting of June 17, 2008. This item satisfies the Brown Act requirement to report the fact of a settlement approved in a prior closed session, and makes the terms and conditions of the settlement available to the public. The Settlement Agreement and Agreement between the City of Carlsbad and Real Estate Collateral Management, Inc is attached. FISCAL IMPACT: There is no fiscal impact. The parties wish to settle, compromise and discharge all differences as outlined in the attached Agreements. EXHIBITS: 1. Settlement Agreement and Agreement between the City of Carlsbad and Real Estate Collateral Management, Inc. regarding Preservation of Litigation Rights. DEPARTMENT CONTACT: Ronald R. Ball, (760) 434-2891 rball(5)ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED Jfl DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D D ' SETTLEMEIVT AGREEMENT This Settlement Agreement ("Settlement Agreement") is made and entered into effective as of the 7th day of March, 2008 by and among Mary Lane Campbell and Russell Kurtz (the "Claimants"), on one hand, and Real Estate Collateral Management, Inc. ("RECM"), the City of Carlsbad ("City") and La Costa Town Square, LLC/MAG Properties ("MAG") on the other hand, (individually, a "Party"; collectively, the "Parties") with reference to the following facts: IU5CITALS A. In March 2005, a slope located behind Claimants' real property located at 7550 Agua Dulce Court and 7551 Agua Dulce Court (the "Homes") slid, causing a landslide (the "Landslide") which damaged both Homes, and which Landslide the City subsequently caused to be repaired (the "Slope Stabilization Earthwork and Subdrainage Installation"). • B. RECM and the City allege that the Landslide was caused by natural events, including unusually heavy rains. C. Campbell owns one of the homes and Kurtz owns the other. D. Claimants alleged -feat RECM, the City, La Costa Town Square, LLC/MAG Properties ("MAG") aad the Olivenhain Municipal Water District ("OMWD") may have collectively been responsible for some of the conditions which contributed to the damages to the Homes caused by ihe Landslide. E. Bach Party disputes the claims asserted by the other Party. F. Claimants did not file litigation, but the Parties did enter into a tolling agreement while they attempted to negotiate a settlement G. On March 7,2008, the Parties participated in a mediation, which was successful. H. As a consequence, the Parties now desire to settle and compromise the disputes and differences between them, and by this Settlement Agreement desire to confirm and memorialize their agreement to do so. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Settlement Agreement and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound by the terms of this Settlement Agreement, the Parties do hereby expressly agree as follows: CONSIDERATION Section 1.01 Defendants' Consideration. (i) Within tea (10) calendar days after execution of this Settlement Agreement by the Parties, RECM shall cause to be paid to Claimants the sum. of nine hundred ninety eight thousand dollars ($998,000.00) (the "Settlement Amount") which amount shall be paid as follows: $163,000 to Massie Herman for legal fees and $835,000 to Kurtz and Campbell, jointly. (ii) As a result of the Landslide, the City caused certain repairs to be made and in conjunction with said repairs, and in further consideration for this settlement, the City has provided Claimants with the following documents: a, As-Grade Compaction Report prepared by Testing Engineers-San Diego, Inc. ("TESD") attesting that the Slope Stabilization Earthwork and Subdrainage Installation were constructed La general conformance with the project specifications and are considered suitable for the intended use, attached hereto as Exhibit 1. b. Letter Report from TESD dated April 30,2008 attached hereto as Exhibit 2. (iii) As part of the repairs associated with the Landslide, a passive subdrain system was installed within the~slope behind the Homes. The City and its professional engineers advise mat this passive subdrain system requires no maintenance. As a separate component of the Landslide repair, a cleanout was installed, which the City and its professional engineers advise, may require maintenance. To the extent necessary and appropriate, it will be the responsibility of the City to maintain said cleanout in the area described in a mutually acceptable Easement for Public Drainage, which easement the City will prepare at its sole cost and expense, along with a mutually acceptable letter from the City explaining the above, which easement is to be recorded with, tiae County of San Diego and run with the land within ninety (90) days of Claimants signing this Agreement (iv) The City also agrees to prepare at its sole cost and expense, an acceptable Cross-Lot Drainage Easement between, the Homes to be recorded with, the County of San Diego and run with the land within ninety (90) days of Claimants signing this Agreement (v) City and Claimants further recognize that time is of the essence and that Claimants will suffer financial loss if the agreements provided in Section 1.01 (iii) and (iv) are not completed within the times specified therein. The parties also recognize the expense, difficulty and impractibility involved in proving in a legal or other proceeding the actual loss suffered by Claimants if the agreements are not completed on time. Accordingly, instead of requiring any such proof, City and Claimants agree that as liquidated damages for delay (but not as a penalty), City shall pay Claimants $100.00 for each day that expires after the time specified in Section 1.01(iii) and (iv) until the mutually acceptable agreements are completed and recorded, with such sum representing a reasonable approximation of me daily damage apt to be suffered by Claimants. However, prior to seeking liquidated damages, the parties first agree to seek resolution through mediation with James Roberts. S/S/2008 MUTUAL RELEASES Section 2.01 Release bv the Claimants. (i) Claimants' General Release. Effective upon the full execution of tliis Settlement Agreement, Claimants absolutely and irrevocably release, remise, acquit and forever discharge RECM, the City, the OMWD and MAG and all of their current and former officers, directors, fiduciaries, shareholders, agents, servants, attorneys, managers, predecessors, successors, assigns, and employees (collectively, the "RECM Released Parties") from any and all claims, rights, demands, suits, actions or causes of action, losses, costs, obligations, liabilities, expenses, debts and duties of every kind or nature, known or unknown, suspected or unsuspected, asserted or unassorted, fixed or contingent, at law or in equity, made ui, arising out of or relating to me Landslide, Landslide related construction or repairs or any related damage to the Homes. However, Claimants do not release any claims or rights should there be a subsequent failure of the slope behind the Homes, or should the Slope Stabilization Earthwork and Subdrainage Installation fail or otherwise not function as intended. (ii) Civil Code Section 1542 Waiver. Claimants hereby acknowledge and agree that they are expressly releasing known and unknown rights and claims within the scope of the above-referenced release. Except as provided for herein, Claimants expressly acknowledge that they are familiar with and waive all rights under California Civil Code Section 1542, or any other comparable statute which may be applicable. Section 1542 reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Notwithstanding the provisions of Section 1542, and for the purpose of implementing-a full and complete release and discharge of the RECM Released Parties as to the claims released herein, except as provided for herein, Claimants hereby waive and relinquish all rights and benefits which they have or may have under California Civil Code Section 1542 or the law of any other state or jurisdiction to the same or similar effect, to the Ml extent that they may lawfully waive all such rights and benefits relating to the subject matter of this Settlement Agreement, and that this Settlement Agreement expressly contemplates the extinguishment of all such claims. Section 2.02 Release of Claimants. (i) General Release of Claimants. Effective upon the full execution of this Settlement Agreement, with the exception of RECM and the City's obligations under this Settlement Agreement, RECM and the City hereby absolutely and irrevocably release, remise, acquit and forever discharge Claimants and all of their current and former fiduciaries, agents, servants, attorneys, managers, predecessors, successors, assigns, contractors and employees (collectively, the "Claimants Released Parties") from any and all claims, rights, demands, suits, actions or causes of action, losses, costs, obligations, liabilities, expenses, debts and duties of every kind or nature, known or unknown, suspected or unsuspected, asserted or unasserted,.fixed or contingent, at law or in equity, made in, arising out of or relating to the Landslide, Landslide related construction or repairs or any related damage to the Homes. . © Civil Code Section 1542 Waiver. RECM and the City hereby acknowledge and agree that they are expressly releasing known and unknown rights and claims within the scope of the above-referenced release. RECM and the City expressly acknowledge that they are familiar with and waive all rights under California Civil Code Section 1542, or any other comparable statute which may be applicable. Section 1542 reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Notwithstanding the provisions of Section 1542, and for the purpose of implementing a full and complete release and discharge of the Claimants Released Parties as to the claims released herein, RECM and the City wjive and relinquish all rights and benefits which they have or may have under California Civil Code Section 1542 or the law of any other state or jurisdiction.to the same or similar effect, to the full extent that they may lawfully waive all such rights and benefits relating to the subject matter of this Settlement Agreement, and that this Settlement Agreement expressly contemplates the extinguishment of all such claims. Section 2.03 Release of RECM bv MAG, and the City (i) General Release. Effective upon the full execution of this Settlement Agreement, MAG and the City absolutely and irrevocably release, remise, acquit and forever discharge RECM and all of its current and former officers, directors, fiduciaries, shareholders, agents, servants, attorneys, managers, predecessors, successors, assigns, and employees (collectively, the "RECM") from any and all claims, rights, demands, suits, actions or causes of action, losses, costs, obligations, liabilities, expenses, debts and duties of every kind or nature, known or unknown, suspected or unsuspected, asserted or unassorted, fixed or contingent, at law or in equity, made in, arising out of or relating to the Landslide, Landslide related construction or repairs or any related damage to the Homes, including any claims should there be a subsequent failure of the slope behind the Homes, or should the Slope Stabilization Earthwork and Subdrainage Installation fail or otherwise not function as intended. In addition, MAG releases RECM from all activities, including any excavation or overexcation, related to or in conjunction with RECM's construction of Rancho Santa Fe Road. (ii) Civil Code Section 1542 Waiver. MAG and the City hereby acknowledge and agree that they are expressly releasing known and unknown rights and claims within the scope of the above-referenced release. MAG and the City expressly acknowledge that fi/5/2008 they are familiar with and waive all rights under California Civil Code Section 1542, or any other comparable statute which may be applicable. Section 1542 reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE'CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR. HER SETTLEMENT WITH THE DEBTOR. Notwithstanding the provisions of Section 1542, and for the purpose of implementing a full and complete release and discharge of RECM as to the claims released herein, MAG and the City hereby waive and relinquish all rights and benefits which they have or may have under California Civil Code Section 1542 or the law of any other state or jurisdiction to the same or similar effect, to the full extent that they may lawfully waive all such rights aad benefits relating to the subject matter of this Settlement Agreement,, and that this Settlement Agreement expressly contemplates the extinguishment of all such claims. GENERAL PROVISIONS Section 3.01 Attorneys Fees and Costs. Ail Parties shall bear their own fees and costs associated with the preparation of this Settlement Agreement, except as provided under separate agreements between them. Section 3.02 Further Assurances. Bach Party agrees to execute any and all documents and to perform such otibsr acts as may be reasonably requested by any other Patty to further the purposes of this Settlement Agreement and the transactions contemplated hereby. Section 3.03 Successors and Assigns: Third-party Beneficiaries. (i) Except as otherwise expressly Bruited herein, the provisions hereof shall inure to the benefit of, and be binding upon, the successors and assigns of the Parties hereto. (ii) Except as otherwise expressly provided herein, nothing in this Settlement Agreement is intended to confer upon any party other than the Parties and their respective successors and assigns any rights, remedies, obligations, or liabilities under of by reason of this Settlement Agreement. Section 3.04 Covenant Not to Sue. The Parties hereby covenant that they have not filed (other than the Arbitration and the Lawsuit) and shall not file, prosecute, pursue or assist o&ers in pursuing any claim, lawsuit or other proceeding against the other Party on. their own behalf or in a representative capacity on behalf of any other person or entity with respect to the claims released herein. 6/5/2008 (s Section 3.05 No Admission of Liability. This Settlement Agreement pertains to disputed claims and does not constitute an admission of liability on the part of any of the Parties, •all liability having been denied, at all relevant times, and which continues to be denied. Section 3.06 Attorneys' Fees for Enforcement Action. In the event any action is filed to enforce, defend or interpret this Settlement Agreement, the prevailing party in such action shall be entitled to, hi addition to any other damages or relief available to them, an award •of reasonable attorneys' and paralegals' fees and costs incurred in connection with such action, including in any bankruptcy or appellate proceeding. Section 3.07 Advice of Counsel. In executing this Settlement Agreement, each Party hereto acknowledges that it has consulted with and has had the advice of counsel of its own. choosing hi negotiations for and preparation of this Settlement Agreement and has been fully advised by counsel with respect to all rights which are affected by this Settlement Agreement Each Party hereto acknowledges that its counsel played a role in drafting this Settlement Agreement and that this Settlement Agreement should be construed neutrally as if jointly drafted by all the Parties, and not be construed in favor of or against any Party based on the origin of the language used. Section 3,08 Choice of Law. This Settlement Agreement is made and entered into hi the State of California and shall in all respects be interpreted, enforced, and governed under the laws of the State of California as if entirely performed within the State of California. California law shall apply without regard to any conflict of laws. The language in all parts of this Settlement Agreement shall in all cases be construed as a whole according to its fair meaning and not strictly for or against any of the Parties. Section 3.09 Arbitration. Any dispute, claim or controversy arising out of or relating to this Settlement Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Diego, California before James A. Roberts, who shall also be appointed and have the power and authority to order injunctive or other relief associated with the implementation of the promises contained hi Section 1.01 (iii) and (iv) herein. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator may, hi the. Award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys' fees of the prevailing party. Section 3.10 After-Acquired Facts. The Parties acknowledge that they might hereafter discover facts different from or in addition to those they now know or believe to be true with respect to a claim or claims released herein, and they expressly agree to assume the risk of ' possible discovery of additional or different facts, and agree that this Settlement Agreement shall be and remain, effective hi all respects regardless of such additional or different discovered facts, or any change in circumstances. Nothing in this provision is intended to preclude Claimants from bringing a claim or initiating any action should there be a subsequent failure of the slope behind the Homes or should the Slope Stabilization Earthwork and Subdrainage Installation fail or otherwise not function as intended. 6/5/2008 Section 3.11 Entire Integrated Settlement Agreement, This Settlement Agreement is the entire agreement among the Parties with respect to the subject matter hereof., This Settlement Agreement includes all of the terms, promises, representations and understandings made by the Parties, and supersedes any earlier written or oral understandings or agreements between the Parties. No Party hereto aor its respective attorneys or advisors or agents have made any promise, representation or warranty, whether expressed, implied or statutory, not contained herein concerning the subject matter of such agreements in order to induce the Parties hereto to execute this Settlement Agreement Section 3.12 Authority. Each of the Parties represents, warrants and covenants that it has the power to settle and release fully and completely all claims, causes of action, demands, charges and liabilities asserted against the other Party. The Parries have not assigned, subrogated or in any other way transferred to anyone else any portion of any claim they have or had against each other. Section 3.13 Review of Agreement. Each Party to this Settlement Agreement certifies that it has read all of this Settlement Agreement and fully understands all of the same. Section 3.14 Cooperation in Implementation. Each Party to this Settlement Agreement will cooperate and diligently perform any further acts, deeds and things arid execute and deliver any documents that may from time to time be reasonably necessary or otherwise reasonably required to consummate, evidence, confirm and/or carry out the intent and provisions of this Settlement Agreement, all without undue delay or expense and without further consideration. Section 3.15 Notices, etc. All notices and other communications required or permitted hereunder shall be ia writing and shall be (1) mailed by registered or certified mail, postage prepaid, (2) delivered by reliable overnight courier service, or (3) otherwise delivered by hand or by messenger, addressed as follows: (i) Claimants Mary Lane Campbell and Russell Kurtz 7550 Agua Dulce Court Carlsbad, CA 92009 With a Courtesy Copy to: Andrew E. Herman Massifi-Berman 3588 Fourth Avenue, Suite 200 San Diego, CA 92103 Tel: (619) 260-9010 Fax: (619) 260-9016 aberman@massieberman,com (ii) KECM 6/5/2008 Stuart Richter, Esq. Katten Muchin Rosennran, LLP 2029 Century Park East, Suite 2600 Los Angeles, California 90067-3012 Tel: 310-788-4582 Fax:310-812-8434 stuart.rich.ter@JcatteiiIaw.com The.City Ronald Kemp, Esq. Office of the City Attorney 1200 Carlsbad Village Drive Carlsbad, CA 92008 Tel: 760-434-2891 Fax: 760-434-8367 rkemp@.ci.carlsbad.ca.us Mitchell D. Dean, Esq. Daley & Heft 462 Stevens Ave., Suite 201 Tel: 858-755-5666 - - Fax: 858-755-7870 mdean@dalev-heft.com (iv) MAG c/o John M. Tworoger & Dietmar E. Schott, Esq. 8799 Balboa Avenue, Suite 265 San Diego, CA 92123 Tel: 858-268-8901 Fax: 858-268-0337 dsch.ott@.asTien-prop.com Section 3.16 Counterparts and Facsimile. This Settlement Agreement may be executed in counterparts and via facsimile with the same force and effect as if executed in one complete document. Any Party executing this Settlement Agreement by facsimile shall provide the other Party with an originally executed Settlement Agreement within, five (5) calendar days. Section 3.17 Severabilitv. If any clause or provision of this Settlement Agreement is held to be illegal, invalid or unenforceable under any law applicable to the terms hereof, then the remainder of mis Settlement Agreement shall not be affected thereby. Section 3.18 No Waiver. Failure to insist on compliance with any terms covenant or condition contained in this Settlement Agreement shall not be deemed a waiver of that term, covenant or condition, now shall any. waiver or reimquishment of any right or power 6/5/2008 wauiaed in ihjj Settieme&l Agreement u. tsy OM tinve or more time* be deemed i waiver or leUnqiUthmeffl rf my light or power it any «h« time or time*, Scoloi 3.19 ftMJng Effoa. This Setrisment Apwwcnt dial! Jw tbdinj{ qxw and hntie to ihe benefit of we Ptnicahcotu and meiiinpective rtpresoiuiiv«, wc«sjwt» tnd «djn« ]HOTided, however, die fonjolng ihull not be tlcenied a connroed u cwifer uy right, UUe,!fJU^C»m<rf*3^«ram<HSy>»pooinyp«tOTM^pttty wotttd not nor did not otiMrvriu jxwsew, Sectioa3JO Authority to Bind Ptttv. E«di pcnon cr entity «xecuiin4 ihit ni Ajtwnsm on behalf of »y P*ny «eraiiy individually repnwcnis *nd wanmu th»t « AUy lolhotizcd to execute tht» S«fliMWl« Acrcement oo behalf of jadi Pmy, Tkewa ftmka lepcuant and wttflfll thai •Jwy in Use owaen of ifee Homtr «nd hive authority to rsi«*t« til cutiau u let focib h«dn. IN wm>-ESS WHEREOF, (Iw Pmki hive executed this Apeonccd. Rot! Efftttc Coll»t«at Mautcttnwni Company i Delaware Corporation 1* U CoiU Towit Sqean. UOMA<3 PropeRiai contained in this Settlement Agreement at any one time or more times be deemed a waiver or relinquisbment of any right or power at any other time or times. • Section 3.19 Binding Effect. This Settlement Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective representatives, successors and assigns; provided, however, the foregoing shall not be deemed or construed to confer any right, title, benefit, cause of action or remedy upon any person or entity not a party hereto, which such party would not nor did not otherwise possess. Section 3.20 Authority to Bind Party. Each person or entity executing this - Settlement Agreement on behalf of any Party or entity individually represents and warrants that they are .duly authorized to execute this Settlement Agreement on behalf of such Party. The Claimants further represent and warrant that they are the owners of the Homes and have authority to release all claims as set forth herein. IN WITNESS WHEREOF, the Parties have executed this Agreement Real Estate Collateral Management Company a Delaware Corporation By: Its: Its: Mavor quare,.LLC/MAG Properties Mary Lane Campbell Russell Kurtz #5/2008 contained in this Settlement Agreement at any one time or more times be deemed a waiver or relinquishment of any right or power at any other time or times. Section 3.19 Binding Effect This Settlement Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective representatives, successors and assigns; provided, however, the foregoing shall not be deemed or construed to confer any right, title, benefit, cause of action or remedy upon any person or entity not a parry hereto, which such party would not nor did not otherwise possess. Section3.20 Authority to Bind Party. Each person or entity executing this Settlement Agreement on behalf of any Party or entity individually represents and warrants that they are duly authorized to execute this Settlement Agreement on behalf of such Party. The Claimants furtherrepresent and warrant that they are the owners of the Homes and have authority to release all claims as set forth herein. IN WITNESS WHEREOF, the Parties have executed this Agreement RECM a company By: • Its: The City of Carlsbad By: Its: La Costa Town Square, LLC/MAG Properties By: Its: Mary Lane Campbell 224-544-2000 HSBC 02:24:00 p.m. 06-26-2008 . 2/7 AGREEMENT BETWEEN CITY OF CARLSBAD AND REAL ESTATE COLLATERAL MANAGEMENT. INC. REGARDING PRESERVATION OF LITIGATION RIGHTS This Agreement ("Agreement") is made and entered into effective as of the date of the latest signature below by and among Real Estate Collateral Management, Inc. ("RECM") on the one hand, and the City of Carlsbad ("City") on the other hand, (individually, a "Party"; collectively, the "Parties") with reference to the following facts: RECITALS A. In March 2005, a slope located behind Claimants' real property located at 7550 Agua Dulce Court and 7551 Agua Dulce Court (the "Homes") slid, causing a landslide (the "Landslide") which damaged both Homes, and which Landslide the City subsequently caused to be repaired (the "Slope Stabilization Earthwork and Subdrainage Installation"). B. RECM and the City allege that the Landslide was caused by natural events, including unusually heavy rains. C. Owners of the Homes have alleged that RECM, and the City, among others, may have collectively been responsible for some of the conditions which contributed to the damages to the Homes caused by the Landslide. D. Each Party disputes any such allegations. E. Owners of the Homes did not file litigation, but the Parties, along with others, entered into a settlement agreement pursuant to which RECM paid settlement monies and the Parties released each other as set forth hi an executed Settlement Agreement. ("Settlement Agreement") F. As a result of the Landslide, the City caused certain repairs to be made on the slope behind the Homes, and received certain reimbursements of funds spent on those repairs from the Federal Highway Administration ("FHWA"). The primary reason the City agreed to release RECM pursuant to the Settlement Agreement, was the City's receipt of the FHWA reimbursement monies. Effective March 7,2008, RECM and its insurance carrier agreed to pay nine hundred ninety eight thousand dollars ($998,000) to the Owners of the Homes pursuant to the Settlement Agreement. The City paid no money to the Owners of the Homes under the Settlement Agreement. G. City represents and warrants mat it has, to date, complied with all administrative requirements set forth by FHWA, and the City further represents and warrants that it has had successful audits to date by FHWA and has been commended for its construction contract adrninistration by FHWA in relation to the FHWA reimbursement program, known as the FIRE Program established via FHWA Order 45601 A, H. This Agreement is now entered into between the Parties solely in order to preserve the City's right to make claims against RECM, as to the cause of the Landslide, despite the releases set forth in the Settlement Agreement, in the event FHWA demands that the reimbursement monies be returned to FHWA. Page 1 of 6 224-544-2000 HSBC 02:24:24 p.m. 06-26-2008 3'/7 NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Settlement Agreement and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound by the terms of this Settlement Agreement, the Parties do hereby expressly agree as follows: AGREEMENT Section 1.01. City represents, warrants and agrees to continue to comply with all administrative requirements associated with the reimbursements by FHWA. City presently has no reason to believe that any of the reimbursement monies will be requested by FHWA to be returned to FHWA. A breach of this provision by the City is a material breach of this Agreement and a complete defense to any claims, pursuant to Section 1.02 below, by the City against RECM associated with the Landslide or any required reimbursement of FHWA funds by the City. Section 1.02. RECM hereby agrees that in the event City is required to return the reimbursement monies to FHWA, City may make claims against, and may file any appropriate legal action against RECM concerning, or related in any way to, the cause of the Landslide, and the respective fault, responsibility, and/or liability of the Parties as to the cause of the Landslide. In the event that the City makes any claims against RECM related to the Landslide or any refund of FHWA monies, RECM may make any claims against, and may file appropriate legal action against, the City concerning, or related in any way to the Landslide, the cause of the Landslide,the respective fault, responsibility and/or liability of the Parties as to the cause of the Landslide and any of the City's actions or remedial work associated with the Landslide, including, without limitation, whether such work was necessary, reasonable and performed in a cost efficient manner For this purpose, and under the conditions set forth above only, the Parties hereby waive their rights to assert any defenses based upon any otherwise applicable statute of limitations or any defense based upon the lapse or passage of time. All of the Parties defenses other than those based upon statutes of limitations or the lapse or passage of time are otherwise preserved and may be asserted in the event of any such claim and/or litigation relating to or concerning the Landslide. Section 1.03. Within 5 business days from the date the Parties execute this Agreement, the City agrees to release RECM's bond SP 7978 in the original amount of $3,262,529 and of the current amount of $1,631,265, and within seven business days from the the date the Parties execute this agreement to return to RECM, with any interest due, RECM's cash deposit of $10,000 GENERAL PROVISIONS Section 2.01. Attorneys Fees and Costs. All Parties shall bear their own fees and costs associated with the preparation of this Agreement, except as provided under separate agreements between them. Page 2 of 6 224-544-2000 HSBC 02:24:49 p.m. 06-26-2008 4,7 Section 2.02. Successors and Assigns; Third-party Beneficiaries. (i) Except as otherwise expressly limited herein, the provisions hereof shall inure to the benefit of, and be binding upon, the successors and assigns of the Parties hereto, (ii) Except as otherwise expressly provided herein, nothing in this Agreement is intended to confer upon any party other than the Parties and their respective successors and assigns any rights, remedies, obligations, or liabilities under of by reason of this Agreement. Section 2,03, Covenant Not to Sue. The Parties hereby covenant that they have not filed (other than the Arbitration and the Lawsuit) and shall not file, prosecute, pursue or assist others in pursuing any claim, lawsuit or other proceeding against the other Party on their own behalf or in a representative capacity on behalf of any other person or entity with respect to the claims released herein. Section 2.04, Attorneys' Fees for Enforcement Action. In the event any action is filed to enforce, defend or interpret this Agreement, the prevailing party hi such action shall be entitled to, in addition to any other damages or relief available to them, an award of reasonable attorneys' and paralegals' fees and costs incurred in connection with such action, including in any bankruptcy or appellate proceeding, Section 2.05. Advice of Counsel. In executing this Agreement, each Party hereto acknowledges that it has consulted with and has had the advice of counsel of its own choosing in negotiations for and preparation of this Agreement and has been fully advised by counsel with respect to all rights which are affected by this Agreement Each Party hereto acknowledges that its counsel played a role in drafting this Agreement and that this Agreement should be construed neutrally as if jointly drafted by all the Parties, and not be construed in favor of or against any Party based on the origin of the language used. Section 2.06. Choice of Law. This Agreement is made and entered into in the State of California and shall in all respects be interpreted, enforced, and governed under the laws of the State of California as if entirely performed within the State of California, California law shall apply without regard to any conflict of laws. The language in all parts of this Agreement shall in all cases be construed as a whole according to its fair meaning and not strictly for or against any of the Parties. Section 2.07. Pre-Litigation Non-Binding Mediation. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to mediate, shall be first be, as a mandatory pre-requisite to filing any action in the Superior Courts of this State, submitted by the Parties to a mediation before a mediator agreed upon by the Parties. If the Parties cannot mutually agree to the selection of a mediator, they agree that, upon request by either Party, a mediator shall be appointed by JAMS from the JAMS panel of jurists/mediators with construction industry experience. The fees of the mediator shall be paid in equal shares by the Parties. As soon as practicable after the mediator is selected or appointed, the Parties shall participate in good faith in said mediation. If the mediator, in his/her discretion, after Page 3 of 6 224-544-2000 HSBC 02:25:20 p.m. 06-26-2008 511 diligent efforts towards voluntary resolution, determines that the parties to the mediation are unable to agree on a resolution, the mediator shall make a recommendation, in writing, as to a suggested resolution. The mediator's suggested resolution shall be non-binding, and notwithstanding and without regard to such recommendation, any party shall be entitled to commence an action in the nature described in section 1.02 above. Section 2.08. After-Acquired Facts. The Parties acknowledge mat they might hereafter discover facts different from or in addition to those they now know or believe to be true with respect to a claim or claims released herein, and they expressly agree to assume the risk of possible discovery of additional or different facts, and agree mat this Agreement shall be and remain effective in all respects regardless of such additional or different discovered facts, or any change in circumstances. Section 2.09. Authority. Each of die Parties represents, warrants and covenants that it has the power to settle and release fully and completely all claims, causes of action, demands, charges and liabilities asserted against the other Party. The Parties have not assigned, subrogated or in any other way transferred to anyone else any portion of any claim they have or had against each other. Section 2.10. Review of Agreement. Each Party to this Agreement certifies that it has read all of this Agreement and fully understands all of the same. Section 2.11. Cooperation in Implementation. Each Party to this Agreement will cooperate and diligently perform any further acts, deeds and things and execute and deliver any documents that may from time to time be reasonably necessary or otherwise reasonably required to consummate, evidence, confirm and/or carry out the intent and provisions of this Agreement, all without undue delay or expense and without further consideration. Section 2.12. Notices.etc, All notices and other communications required or permitted hereunder shall be in writing and shall be (1) mailed by registered or certified mail, postage prepaid, (2) delivered by reliable overnight courier service, or (3) otherwise delivered by hand or by messenger, addressed as follows: (i) KECM Stuart Richter, Esq. Katten Muchin Rosenman, LLP 2029 Century Park East, Suite 2600 Los Angeles, California 90067-3012 Tel: 310-788-4582 Fax: 310-812-8434 stuart.richter@kattenlaw.com (ii) The City Ronald Kemp, Esq. Office of the City Attorney Page 4 of 6 224-544-2000 HSBC 02:25:44 p.m. 06-26-2008 6/7 1200 Carlsbad Village Drive Carlsbad, CA 92008 Tel: 760-434-2891 Fax: 760-434-8367 rkemp @ ci.carlsbad.ca.us Mitchell D. Dean, Esq. Daley & Heft 462 Stevens Ave., Suite 201 Tel: 858-755-5666 Fax: 858-755-7870 mdean® daley-heft.com Section 2.13. Counterparts and Facsimile. This Agreement may be executed in counterparts and via facsimile with the same force and effect as if executed in one complete document. Any Party executing this Agreement by facsimile shall provide the other Party with an originally executed Agreement within five (5) calendar days. Section 2.14 Severability. If any clause or provision of this Agreement is held to be illegal, invalid or unenforceable under any law applicable to the terms hereof, then the remainder of this Agreement shall not be affected thereby. ~~ Section 2.15. No Waiver. Failure to insist on compliance with any term, covenant or condition contained in this Agreement shall not be deemed a waiver of that term, covenant or condition, now shall any waiver or relinquishment of any right or power contained in this Agreement at any one time or more times be deemed a waiver or relinquishment of any right or power at any other time or times. Section 2.16. Binding Effect This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective representatives, successors and assigns; provided, however, the foregoing shall not be deemed or construed to confer any right, title, benefit, cause of action or remedy upon any person or entity not a party hereto, which such party would not nor did not otherwise possess. Section 2.17 Authority to Bind Party. Each person or entity executing this Agreement on behalf of any Party or entity individually represents and warrants that they are duly authorized to execute this Agreement on behalf of such Party. IN WITNESS WHEREOF, the parties have executed this Agreement. RECM company Its: Page 5 of 6 n APPROVED AS TO FORM: RONALD R. BALL BY: Deputy City Attorney Page 6 of 6 City of Carlsbad 5950 El Camino Real Carlsbad, CA 92009 February 19, 2(M)7 Contract No.: 89583 Attention: Mr. Skip Hammann, P.E. Subject: As-Graded Compaction Report Project: Rancho Santa Fc Road Phase 1 Slope Stabilization Carlsbad, CA References: I. "Geotechnical Investigation & l-'ield Review, Rancho Santa Fe Road Phase I Roadway Slope Stabilization ". Contract No. 89583, April 17. 2006, prepared by Testing Engineers - San Diego, Inc. (TESD). Dear Mr. Hammann: In accordance with your request, Testing Engineers — San Diego, Inc. (TESD) has conducted observations during grading and subdrain installation, as well as compaction testing for the above referenced project site. Services described herein were provided by TESD from March 21, 2005 to January 15,2007. A representative of this office observed the excavation of all slide debris from the slope failure extending to a depth ranging from 280 to 300 feet MSL at (he above referenced project site. In order to provide appropriate subdrainage for the remedial slope, a subrain system was installed. extending from the keyway bottom at an invert elevation of 280 feet MSL to the existing storm drain along Esfera Street. Four horizontal drains with invert elevations ranging from 288 to 300 feet MSL were installed along the east end of the slope failure. The four horizontal drains were installed in order to provide communication between the regraded slope subdrain and the new Rancho Santa Fe Road rock fill prism. Rcgrading of the slope followed the removal of slide debris, keyway over-excavation, and installation of subdrainage elements (note: including geogrid and gravel). Fill placed within the shored keyway was placed, compacted, and tested for 90 percent relative compaction. Grading operations for Agua Dulce Court and a pedestrian walkway southeast of the top-of-slope were also observed. The subgrade for these paved areas were scarified 8 inches, moisture conditioned and re-compacted to 95 percent of the maximum dry density. Rock base was then placed and compacted over the subgrade, the capped with asphaltic concrete per plan. Compaction test locations are presented on Plot Plan Nos. 1 to 3. Summaries of laboratory and field compaction test results are provided in Appendix A. Tables 1 and 2, respectively. The fill materials were placed, compacted, and tested for compliance with a minimum 90 and 95 percent relative compaction requirement, as ap .'ing Engineers San Diego, Inc. ?8!>'i < i ii/^Lo. J.B1 1 ...••. Rancho Santa Fe Road Phase 1 Slope Stabilization Contract No. 89583 It should be noted that the precision of the field and laboratory maximum dry density test results are subject to variation inherent with testing procedures and heterogeneous material characteristics. Quantitative values of testing precision have been documented by the American Society of Testing and Materials. For example, results indicate the accuracy of the ASTM D- 1557 test to be plus or minus 2 percent of the mean density. Based on this information, relative compaction results should be interpreted as approximate values subject to variations in lateral and vertical directions. Survey lines and elevations relative to grade modifications, final design grades, locations of various elements, etc., were established by others. Field Monitoring services provided by this office, consisting of visual observation of subdrain installation, compaction operations and random in-place density tests, are intended as assistance to the owner/client in monitoring apparent reasonable compliance with the project earthwork and paving specifications. The presence of our field representative during the work progress did not involve any direct supervision of the contractor/subcontractor. Technical advice and suggestions were provided upon request based upon the results of the tests and observations. In any case, no warranty or responsibility for the contractor's performance is intended or implied. Based on the observations and testing made during construction by TESD representatives, it is our opinion that the slope stabilization earthwork and subdrainage installation were constructed in general conformance with the project specifications and are considered suitable for the intended use. If you should have any questions after reviewing this report, please do not hesitate to contact the undersigned at (858) 715-5800. Sincerely, Testing Engineers—San Diego, Inc. A Bureau Veritas Company Nick Tracy, EIT Staff Engineer VanW.OIin,GE25 Principal Geotechnical Engl Attachments: NT/VO:mm Distribution: Figure 1: Site Location Map Figure 2: Plot Plan I Figure 3: Plot Plan 2 Figure 4: Plot Plan 3 Appendix A: Table 1 and Table 2 *(4) Addressee * Includes copies for building department submittal FIGURES f 30' II SITE LOCATION I — ,-- .>- SCALE 1:24000 Ref: USGS 7.5 minute Rancho Santa Fe Quadrangle, latest rev 1983. NOTE: This figure may contain areas of color. TE-U.S. Labs cannot be responsible for any subsequent misinterpretation of Ihe information result- ing from black and white reproductions of this figure. Testing tf|i ' 7! TP!" CR*i Engineers - U.S. Labs, Inc. 395 Convoy Court, Suite 18 San Diego, CA 92111 8)715-5800 Fax:(858)715-5810 Title Site Location Map Project: Rancho Santa Fe Rd. Phase 1 Drwn: D.M.M Date: January, 2007 Contract No: 89583 Figure: 1 SCALE 1" * 40' LEGEND: C^pTest uocasons fapprcs ) • - Project LjmrS (appro*.) —— Uppsr Subdraln (InvertB 300'MSU Lower Subdrain (Invert El. 288' MSL) FOR SCHEMATIC USE ONLY - NOT A CONSTRUCTION DRAWING Testing Engineers San Diego 7895 Convoy Court. Surie 18 SanQeso, CA92111 Tel. (BS6)71S-SBOO Fax: (658) 715-5S10 Plot Plan #1 Rancho Santa Fe Rd Phase 1 Contract No 6S5S3 Figure No Reference: "fianefto Santa F« Ro«tf Stope StabSfoetion Finished Grading and Tmll Plan.' DmwmaM35-9A, Sheet #6, Berryman S Henlgar 7_~..-"~- ---•-i SCALE 1" « 40' LEGEND: '357>T»st Locations (epprox.i FOR SCHEMATIC USE ONLY - NOT A CONSTRUCTION DRAWING Reference: 'Ranctoo Santa Fe Road Stops Stabilization Finished Grating and Trail Plan,' Drawng *!35-9A SfiatstSP. Betryman & Henigar §Testing Engineers San Diego 78S5 Convoy Court. Suite 18 San Diego, CA 92111 rrlii^ Tel. (856)715-5800 Fax: (8SB! 715-5810 ™" Plot Plan #2 Project Rancho Santa Fe Rd. Phase 1 Own D.M.M. Date January 2007 Contract No: 89583 Hgur* No: o V SCALE V* 40' LEGEND: Coinpactton Test Locations (approxj FOR SCHEMATEC USE ONLY - NOT A CONSTRUCTION DSAWfNG Reference. 'Runcha Sanfg Fe /?oad StojDe Stsbiltzatton Finished Grading a/Td 7m// Plon" Drawsns ^435-9A Sheet #5, Berry man £ Henig £Testing Engineers San Diego 7B95 Convoy Court, Suite 18 San Dleao.CA 87111 Tel (856) 71M800 Fax (858) 715-5610 Title Plot Plan #3 Project Rancho Santa Fe Rd. Phase 1 Own D.M.M Dam January 2007 Contract No 89583 Figure No 4 APPENDIX A City of"Carlsbad Contract No,: 89583 RSF Phase I Road Slide Repair TABLE I RESULTS OF MAXIMUM DENSITY TESTS (ASTM-D-1557) SAMPLE fi DESCRIPTION MAXIMUM DRY OPTIMUM MOISTURE DENSITY (PCF) CONTENT (%) 1 2 3 4 4 R/C 5 6 7 8 9 10 II 13 15 16 17 18 19 20 22 23 Import: Brown Clayey SAND Import: Brown Clayey SAND Import: Brown Silty SAND w/ Gravel Import: Brown Silty SAND Import: Brown Clayey SAND w/ Gravel On-site: Brown Clayey SAND w/ Gravel On-site: Brown Silty SAND w/ Gravel Import: Clayey SAND w/ Gravel Import: Rock Base Import: Brown Clayey SAND Import: Clayey SAND w/ Silt Import: Fine Silty SAND Import: Silty SAND w/ Gravel On-site: Fan Sandy SILT On-site: Brown Silty SAND w/ Gravel On-site: Light Brown Sandy SILT Import: Red Silty SAND w/ Gravel Import: Red-brown silty SAND On-site: Tan-Brown Silty SAND w/ Gravel Import: Class 11 base Import: Brownish-Gray Base 115.0 118.0 129.5 136.0 141.0 133.5 135.0 134.5 142.0 125.5 124.0 123.0 143.0 119.0 133.0 116.5 129.0 126.0 135.5 144.0 142.5 15.5 14.5 11.5 7.0 7.0 8.5 7.0 8.0 6.5 11.0 11.5 9.5 6.0 13.0 6.0 13.5 8.5 1 1 .0 8.0 6.0 5.0 City of Carlsbad Contract No.: 89583 RSI-" Phase I Road Slide Repair •25 On-site: Black/Brown Silly SAND 130.5 8.5 26 Import: Asphaltic Concrete 149.8 TABLE 2 REPORT OF FIELD DENSITY TESTS Contract Number Project Name: Location: 89583 Carlsbad - Agua Dulce Carlsbad, California Test #Sample # Test Date Test Location Elev. (ft) Moisture Field 1 3 9/14/2005 6" Subdrain STA 15+60 287.0 13.6% 2 1 9/15/2005 6" Subdrain STA 16+00 between 7550 & 286.0 18.0% Opt. Dry Density (pcf) Field 11.5% 119.8 15.5% 94.6 Max. Relative Com p. Obt. 129.5 93% 115.0 82% Req. Conform Non-Conform 90% Conform 90% Nonconform 2A 1 28 1 2C 1 3 1 4 1 4A 1 5 1 6 1 6A 1 7 1 7A 1 8 1 8A 1 9 1 9A 1 10 3 11 2 9/15/2005 9/15/2005 9/15/2005 9/15/2005 9/16/2005 9/16/2005 9/16/2005 9/16/2005 9/16/2005 9/16/2005 9/16/2005 9/16/2005 9/16/2005 9/16/2005 9/16/2005 9/16/2005 9/19/2005 12 9/19/2005 7551 Agua Dulce Ct. Retest of #2 Retest of #2 Retest of #2 6" Subdrain STA 15+80 between 7550 & 7551 Agua Dulce Ct. 6" Subdrain STA 15+86 between 7550 & 7551 Agua Dulce Ct. Retest of #4 6" Subdrain STA 15+96 between 7550 & 7551 Agua Dulce Ct. Adjacent SB 62 & 63 Retest of #6 Adjacent SB 58 & 59 Retest of #7 6" Subdrain STA 15+45 between 7550 & 7551 Agua Dulce Ct. Retest of #8 Adjacent SB 60 & 61 Retest of #9 Adjacent SB 59-60 Backfill behind logging between Soldier Beams 57 & 58 - Zamberelli Backfill behind logging between Soldier Beams 63 & 64 - Zamberelli 286.0 19.5% 15.5% 100.5 286.0 18.5% 15.5% 102.4 286.0 18.0% 15.5% 103.2 286-0 18.1% 15,5% 103.3 288.0 17.1% 15.5% 101.9 288.0 14.6% 15.5% 108,2 288.0 16.2% 15,5% 107,1 310.0 19.5% 15.5% 98,0 310,0 18.8% 15.5% 105.2 309.0 19.1% 15.5% 98.5 309.0 19.0% 15.5% 108.1 287,0 19.1% 15.5% 98.6 287.0 18,7% 15.5% 103.5 310.0 18.6% 15,5% 100.2 310.0 18.0% 15.5% 109,2 309.0 15.4% 11.5% 123.0 13.6% 14.5% 114.2 10.3% 14.5% 112.2 115.0 115.0 115.0 115.0 115.0 115.0 115.0 115.0 115.0 115.0 115.0 115.0 115.0 115.0 115.0 129,5 118.0 87% 89% 90% 90% 89% 94% 93% 85% 91% 86% 94% 86% 90% 87% 95% 95% 97% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% Nonconform Nonconform Conform Conform Nonconform Conform Conform Nonconform Conform Nonconform Conform Nonconform Conform Nonconform Conform Conform Conform 118.0 95%90%Conform TABLE 2 REPORT OF FIELD DENSITY TESTS Contract Number: Project Name: Location: Test # 13 14 15 16 17 18 19 20 21 22 22A 23 23A 24 24A 25 Sample # 2 2 2 8 1 2 8 2 2 1 1 1 1 1 1 1 Test Date 9/20/2005 9/21/2005 9/21/2005 9/21/2005 9/21/2005 9/22/2005 9/22/2005 9/22/2005 9/22/2005 9/23/2005 9/23/2005 9/26/2005 9/26/2005 9/27/2005 9/27/2005 9/27/2005 89583 Carlsbad - Agua Dulce Carlsbad, California Moisture Dry Field Opt. Fk Density (pcf) Relative Comp. Conform Id Max, Obt. Req. Non-Conform 6" Subdrain system STA 14+90 on Agua 285.5 12,9% 14,5% 108.3 118,0 92% 90% Conform Dulce Ct 6" Subdrain system STA 9+87 on Esfera St 270.0 15,9% 14,5% 107,4 118,0 91% 90% Conform 6" Subdrain system STA 9+77 on Esfera St 270,5 16.0% 14,5% 114.9 118.0 97% 90% Conform 6" Subdrain system STA 9+80 (Base) on 271,5 5.5% 6,5% 128.4 142.0 90% 95% Conform Esfera St 6" Subdrain system STA 14+90 on Agua 285,0 17.5% 15.0% 98,8 115.0 86% 90% Nonconform Dulce Ct 6" Subdrain System STA 9+95 on Esfera St 274.0 15,1% 14,5% 1112 118,0 94% 90% Conform 6" Subdrain System STA 10+07 on Esfera 274.5 4.1% 6,5% 137.2 142.0 97% 95% Conform St 6" Subdrain System STA 10+11 on Esfera 274.0 14.8% 14.5% 112.1 118.0 95% 90% Conform St 6" Subdrain System STA 10+13 on Esfera 274.0 14.6% 14.5% 110.9 118.0 94% 90% Conform St 6" Subdrain System STA 10+48 on Dorado 278,0 20.6% 15.5% 101.9 115,0 89% 90% Nonconform PI Retestof#22 278.0 19.9% 15.5% 103.5 115.0 90% 90% Conform 6" Subdrain System STA 10+70 on Dorado 278.0 17,0% 15.5% 100.1 115.0 87% 90% Nonconform PI Retestof#23 278.0 17.4% 15.5% 105.8 115,0 92% 90% Conform 6" Subdrain System STA 11 +26 on Dorado 278.5 17.5% 15,5% 99.8 115.0 87% 90% Nonconform PI Retestof#24 278.5 17.7% 15.5% 104,6 115,0 91% 90% Conform 6" Subdrain System STA 11+80 on Dorado 278.0 17.7% 15.5% 103.1 115.0 90% 90% Conform PI TABLE 2 REPORT OF FIELD DENSITY TESTS Contract Number: Project Name: Location: Test # 26 27 28 29 30 30A 31 32 32A 33 33A 34 34A 35 36 37 Sample # 1 3 1 1 1 1 1 1 1 1 1 1 1 1 19 19 Test Date 9/28/2005 9/28/2005 9/29/2005 9/28/2005 9/29/2005 9/29/2005 9/29/2005 9/30/2005 9/30/2005 9/30/2005 9/30/2005 10/3/2005 10/3/2005 10/3/2005 11/14/2005 11/21/2005 89583 Carlsbad - Agua Oulce Carlsbad, California Test Location 6" Subdrain system STA 12+10 on Agua Dulce Ct 6" Subdrain system STA 12+25 on Agua Dulce Ct 6" Subdrain system STA 12+55 on Agua Dulce Ct 6" Subdrain system STA 12+79 on Agua Dulce Ct 6" Subdrain system STA 13+04 on Agua Dulce Ct Retestof#30 6" Subdrain system STA 1.3+34 on Agua Dulce Ct 6" Subdrain system STA 1 3+52 on Agua Dulce Ct Retestof#32 6" Subdrain system STA 13+73 on Agua Dulce Ct Retestof#33 6" Subdrain System STA 1 3+85 Agua Dulce Retestof#34 6" Subdrain System STA 14+00 Agua Dulce Ct Storm Drain at STA 10+54 Clean Out Box G- 2 Storm Drain at STA 10+34 West Side Clean Elev. (ft) 280.0 281,0 279.0 282.0 282.5 282.5 283.5 284.0 284,0 284.0 284.0 284.5 284.5 284.0 61.0 59.0 Moisture Field 15.3% 11.4% 16.2% 15.9% 16,2% 17.0% 18.8% 18,9% 18.5% 17.9% 14,7% 19.9% 17.0% 17.6% 13.6% 10,3% Opt. 15.5% 11.5% 15,5% 15.5% 15.5% 15.5% 15.5% 15.5% 15.5% 15.5% 15,5% 15.5% 15.5% 15.5% 11,0% 11.0% Dry Density (pcf) Field 103.1 118.8 103.5 103.4 100,1 104.6 104.2 101-2 104.6 97.3 110.8 101.8 105,7 103,5 126.0 119.0 Max. 115.0 129,5 115.0 115.0 115.0 115,0 115.0 115.0 115.0 115.0 115.0 115.0 115,0 115.0 126.0 126.0 Relative Com p. Obt. 90% 92% 90% 90% 87% 91% 91% 88% 91% 85% 96% 89% 92% 90% 100% 94% Req. 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% Conform Non-Conform Conform Conform Conform Conform Nonconform Conform Conform Nonconform Conform Nonconform Conform Nonconform Conform Conform Conform Conform Out Box A-4 TABLE 2 REPORT OF FIELD DENSITY TESTS Contract Number: Project Name-- Location: Test it 38 39 40 41 41A 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Sample # 19 19 19 19 19 19 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 Test Date 11/21/2005 11/22/2005 1 1/22/2005 1 1/23/2005 1 1/23/2005 1 1/23/2005 2/8/2006 2/9/2006 2/9/2006 2/9/2006 2/10/2006 2/10/2006 2/13/2006 2/13/2006 2/14/2006 2/14/2006 2/14/2006 2/22/2006 2/22/2006 2/22/2006 2/24/2006 2/24/2006 89583 Carlsbad - Agua Dulce Carlsbad, California Moisture Field Opt. Dry Density (pcf) Relative Comp. Field Max. Obt. Req. Storm Drain at STA 10*34 East Side Clean 60.0 10.7% 11.0% 121-6 126.0 97% 90% Out Box A-4 Storm Drain at STA 11 +64 East Side Clean 57,0 10.3% 11.0% 120.3 126,0 95% 90% Out Box A-4 Storm Drain at STA 10+54 West Side Clean 60,0 10.7% 11.0% 122.8 126.0 97% 90% Out Box E-2 Storm Drain at STA 10+54 South Side Clean 62.0 8.7% 11.0% 112.6 126.0 89% 90% Out Box E-2 Retestof#41 62.0 9.8% 11.0% 117.8 126.0 93% 90% Drain Main Lateral between A-4 Clean Out 61,0 10.3% 11.0% 120.3 126.0 95% 90% box® 10+54 & 10+31 A-4 Agua Dulce 6" SD STA 14+68 286.0 14.5% 11. 5% 113,4 124.0 91% 90% Agua Dulce 6" SD STA 14+78 282.0 11.5% 11.5% 112,8 124.0 91% 90% Agua Dulce 6" SD STA 14+ 78 284.0 12.8% 11,5% 113.5 124.0 92% 90% Agua Dulce 6" SD STA 14+78 286.0 13,2% 11.5% 112.7 124.0 91% 90% Agua Dulce 6" SD STA 14+78 284.0 12.4% 11.5% 115,6 124.0 93% 90% Agua Dulce 6" SD STA 14+78 286.0 11.1% 11.5% 115.3 - 124,0 93% 90% Agua Dulce 6" SD STA 14+93 285,0 12.8% 11.5% 113.1 124,0 91% 90% Agua Dulce 6" SD STA 14+78 286.0 11.5% 11.5% 117.8 124.0 95% 90% Agua Dulce 6" SD STA 14+28 281.5 11.5% 11.5% 114.7 124,0 93% 90% Agua Dulce 6" SD STA 14+28 283.5 12.4% 11.5% 113,1 124,0 91% 90% Agua Dulce 6" SD STA 14+28 285.5 12.8% 11. 5% 114,8 124.0 93% 90% Agua Dulce 6" SD STA 14+28 281.0 13.2% 11.5% 113.5 124.0 92% 90% Agua Dulce 6" SD STA 14+28 283.0 12.4% 11,5% 116.5 124.0 94% 90% Agua Dulce 6" SD STA 14+28 285.0 11. 9% 11. 5% 115,6 124.0 93% 90% Agua Dulce 6" SD STA 14+02 279.5 13.6% 11.5% 114.6 124.0 92% 90% Agua Dulce 6" SD STA 14+02 281.5 12,8% 11.5%116.9 124.0 94% 90% Conform Non-Conform Conform Conform Conform Nonconform Conform Conform Conform Conform Conform Conform Conform Conform Conform Conform Conform Conform Conform Conform Conform Conform Conform Conform TABLE 2 REPORT OF FIELD DENSITY TESTS Contract Number Project Name: Location: Test # 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 Sample* 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 Test Date 2/24/2006 3/6/2006 3/6/2006 3/6/2006 3/7/2006 3/7/2006 3/7/2006 3/8/2006 3/8/2006 3/8/2006 3/22/2006 3/23/2006 3/27/2006 3/27/2006 3/30/2006 3/30/2006 3/31/2006 3/31/2006 5/2/2006 5/2/2006 5/2/2006 5/2/2006 89583 Carlsbad - Agua Dulce Carlsbad, California Test Location Agua Dulce 6" SD STA 14+02 Agua Dulce 6" SD STA 13+75 Agua Dulce 6" SD STA 13+75 Agua Dulce 6" SD STA 13+75 Agua Dulce 6" SD STA 13+75 Agua Dulce 6" SD STA 13+75 Agua Dulce 6" SD STA 13+75 Agua Dulce 6" SD STA 13+44 Agua Dulce 6" SD STA 13+44 Agua Dulce 6" SD STA 13+44 Agua Dulce 6" SD STA 13+44 Agua Dulce 6" SD STA 13+05 Agua Dulce 6" SD STA 13+05 Agua Dulce 6" SD STA 13+05 Agua Dulce 6" SD STA 12+57 Agua Dulce 6" SD STA 12+57 Agua Dulce 6" SD STA 12+57 Agua Dulce 6" SD STA 12+57 Aligned at 'L' point between Soldier Beams 42&51 Aligned at 'L' point between Soldier Beams 42&53 Aligned at 'L' point between Soldier Beams 42&S5 Aligned at 'L1 point between Soldier Beams 40&51 Elev. (ft) 283.5 280.0 282,0 284.0 280,0 282.0 284,0 279.0 281.0 283.0 282.0 282.0 281,0 283.0 280,0 282,0 280.5 282.5 2870 287.0 287,0 287.0 Moisture Field 11.1% 11,5% 12.4% 13.6% 12.4% 13,2% 11.9% 13.2% 11.5% 12.8% 13.7% 14.1% 14,1% 13.6% 13.6% 13.2% 13,6% 13.2% 5.9% 4,5% 4.1% 4.8% Opt, 1 1 ,5% 1 1 .5% 1 1 .5% 11.5% 11.5% 11.5% 1 1 .5% 1 1 ,5% 1 1 .5% 11,5% 1 1 ,5% 1 1 .5% 1 1 .5% 1 1 ,5% 1 1 .5% 1 1 .5% 1 1 .5% 11,5% 7.0% 70% 7,0% 7.0% Dry Density (pcf) Field 114.8 113.0 115.1 112,8 112.7 113.9 113,6 113,2 113.9 116.6 120.4 115.2 114.1 115.0 112.6 114.8 114.9 116.1 133.3 136.4 131.9 131.1 Max. 124.0 124.0 124.0 124.0 124.0 124.0 124.0 124.0 124,0 124.0 124.0 124.0 124,0 124.0 124.0 124,0 124.0 124.0 141,0 141.0 141.0 141,0 Relative Com p. Obt. 93% 91% 93% 91% 91% 92% 92% 91% 92% 94% 97% 93% 92% 93% 91% 93% 93% 94% 95% 97% 94% 93% Req. 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% Conform Non-Conform Conform Conform Conform Conform Conform Conform Conform Conform Conform Conform Conform Conform Conform Conform Conform Conform Conform Conform Conform Conform Conform Conform TABLE 2 REPORT OF FIELD DENSITY TESTS Contract Number: Project Name: Location: Test # 81 82 83 84 85 86 87 88 89 90 91 92 93 94 Sample # 10 10 10 10 10 10 10 10 5 5 4 4 4 4 Test Date 5/2/2006 512/2006 5/2/2006 5/2/2006 5/2/2006 5/2/2006 5/2/2006 5/2/2006 5/4/2006 5/4/2006 5/23/2006 5/23/2006 5/23/2006 5/23/2006 89583 Carlsbad - Agua Dulce Carlsbad, California Moisture Dry Field Opt Fie Density (pcf) Relative Comp. Conform Id Max. Obt Req. Non-Conform Aligned at V point between Soldier Beams 287,0 5.9% 7.0% 129.7 141.0 92% 90% Conform 40&53 Aligned at 1' point between Soldier Beams 287.0 4.7% 7.0% 137.8 141,0 98% 90% Conform 40&55 Aligned at 'L' point between Soldier Beams 287.0 5.7% 7.0% 129.6 141.0 92% 90% Conform 36&51 Aligned at 'L' point between Soldier Beams 287.0 5.1% 7.0% 134.9 141,0 96% 90% Conform 3S&53 Aligned at 'L' point between Soldier Beams 287.0 4.2% 7.0% 138.3 141.0 98% 90% Conform 36&55 Aligned at 1' point between Soldier Beams 287,0 5.0% 7.0% 132.6 141.0 94% 90% Conform 31 &51 Aligned at 1' pom! between Soldier Beams 287.0 5.1% 7.0% 131.1 141.0 93% 90% Conform 31 &53 Aligned at 'L' point between Soldier Beams 287.0 5.2% 7,0% 132.7 141.0 94% 90% Conform 31 &55 Pothole compaction behind 331 8 Dorado 289.0 18.9% 15.5% 101.2 115.0 88% 90% Nonconform Place Retestof#89 289.0 18.1% 15.5% 103.5 115.0 90% 90% Conform South of SB-32 adjacent Pool at STA 1 1 +50 287.5 8.1% 7.0% 115,6 136.0 85% 90% Nonconform Retestof#91 287.5 7.9% 7,0% 126.5 136.0 93% 90% Conform South East Of Pool at STA 11 +-20 288.0 7.1% 7.0% 114.2 136.0 84% 90% Nonconform Retestof#93 2880 6.8% 7.0% 123.8 136.0 91% 90% Conform 95 10R/C 5/23/2006 Near previous location of SB-38 at STA 11+75 288.0 7.1% 7.0% 133.9 141.0 95%90%Conform TABLE 2 REPORT OF FIELD DENSITY TESTS 89S83 Carlsbad - Agua Dulce Carlsbad, California Test tf Sample # Test Date Test Location Elev. (ft) Moisture Field 96 4 5/23/2006 Near previous location of SB-37 at STA 289 0 7.9% 11+60 97 4 5/23/2006 Near previous location of SB-32 at STA 289.0 8.0% 11+25 Opt. Dry Density (pcf) Field 7.0% 126.5 7.0% 116.9 Max. Relative Com p. Obt. 136.0 93% 136.0 86% Req. Conform Non-Conform 90% Conform 90% Nonconform 98 99 100 101 102 103 104 105 106 107 108 109 110 4 4 4 4R/C 4 4 4 4 4 4 4 4 4 5/23/2006 5/23/2006 5/23/2006 5/23/2006 5/23/2006 5/23/2006 5/23/2006 5/24/2006 5/24/2006 5/24/2006 5/24/2006 5/24/2006 5/24/2006 Retest of #97 Near previous location of SB-35 at STA 11+40 Retest of #99 Near previous location of SB-40 at STA 11+90 Near previous location of SB-36 at STA 11+50 Retest of #102 Retest of #103 Aligned at 'L' Point Between soldier beams S2&24 near STA 11+10 Aligned at 'L' Point Between soldier beams 52&22nearSTA11+40 Aligned at 'L' Point Between soldier beams 51 &1 7 near STA 11 +62 Aligned at 'L' Point Between soldier beams 51&12 near STA 12+00 Aligned at 'L' Point Between soldier beams 51&7 near STA 12+35 Aligned at 'L' Point Between soldier beams 289.0 289.0 289.0 289,0 288.5 288.5 288.5 289.0 289.0 289.0 288.0 287,5 288.5 7.7% 6.8% 6.7% 7.4% 6.9% 7.1% 7.4% 8.8% 7.4% 6.9% 7.5% 5.9% 6.8% 7.0% 7.0% 7.0% 7,0% 7.0% 7.0% 7.0% 7,0% 7,0% 7.0% 7.0% 7.0% 7.0% 123.8 119.7 127,8 129.7 114.2 119.7 123.8 125.1 122,4 122,4 123.8 122.4 123.8 136.0 136.0 136.0 141.0 136.0 136.0 136.0 136.0 136.0 136.0 136.0 136.0 136.0 91% 88% 94% 92% 84% 88% 91% 92% 90% 90% 91% 90% 91% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% Conform Nonconform Conform Conform Nonconform Nonconform Conform Conform Conform Conform Conform Conform Conform 51&7 near STA 12+36 TABLE 2 REPORT OF FIELD DENSITY TESTS Contract Number: Project Name: Location: Test # 111 112 113 114 115 116 117 118 119 120 121 122 123 Sample # 4R/C 4R/C 4R/C 4R/C 4 4 4R/C 4 4R/C 4 4R/C 4 4 Test Date 5/24/2005 5/24/2006 5/24/2006 5/30/2006 5/30/2006 5/30/2006 5/30/2006 5/30/2006 5/30/2006 5/30/2006 5/30/2006 5/30/2006 5/31/2006 89583 Carlsbad - Agua Dulce Carlsbad, California T0cf 1 nraHrtn PlAw /fHi cm Lwwdiluii di5v. \il/ ^^ F Aligned at 'L' Point Between soldier beams 288.5 54&12 Aligned at 'L' Point Between soldier beams 289.0 S4&66 Aligned at 'L' Point Between soldier beams 288.5 52&12 Aligned at 'L' Point Between soldier beams 290.0 52S66 Aligned at 'L' Point Between soldier beams 290.0 52S63 Aligned at 'L' Point Between soldier beams 290.0 S2&64 Aligned at 'L' Point Between soldier beams 289.5 52&17 Aligned at 'L' Point Between soldier beams 289.5 54&17 Aligned at 'L' Point Between soldier beams 290.0 52&21 Aligned at 'L' Point Between soldier beams 290.0 S3&22 Aligned at 'L' Point Between soldier beams 290 .0 58S22 Aligned at 'L' Point Between soldier beams 290 0 58&19 Masonry Retaining Wall (Ftg Backfill) STA 287 5 Moisture Dry Density (pcf) ield Opt Field 6.9% 7.0% 132.5 7.0% 7.0% 131.9 5.8% 7.0% 129.7 5.4% 7.0% 133.9 6.1% 7.0% 123.4 5.4% 7.0% 126.7 5.9% 7.0% 130.2 6,1% 7.0% 123.9 6.2% 7.0% 130.8 4.7% 7.0% 127.6 7.1% 7.0% 131.1 6.8% 7.0% 127.8 7.5% 7.0% 121.5 Max. 141.0 141.0 141,0 141,0 136.0 136.0 141.0 136.0 141.0 136,0 141,0 136,0 136.0 Relative Com p. Obt. 94% 94% 92% 95% 91% 93% 92% 91% 93% 94% 93% 94% 89% Req. 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% Conform Non-Conform Conform Conform Conform Conform Conform Conform Conform Conform Conform Conform Conform Conform Nonconform 11+25 TABLE 2 REPORT OF FIELD DENSITY TESTS Contract Number Project Name Location: Test # 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 Sample # 4 A A 4 4 4 4 4 4 4 4 4 4R/C 4 4 Test Date 5/31/2006 5/31/2006 5/31/2006 5/31/2006 5/31/2006 5/31/2006 5/31/2006 5/31/2006 6/7/2006 6/7/2006 6/7/2006 6/7/2006 6/7/2006 6/7/2006 6/7/2006 89583 Carlsbad - Agua Dulce Carlsbad, California M ToCfr 1 nr*Zlfinn P (O\/ /ftl mum .[muiim-I Vat UUCdtlUn Clt?V. (IIJ mini.LLLiLiniir Fiel( oisture Dry Density (pcf) i Opt. Field Max. Masonry Retaining Wall (Ftg Backfill) STA 287.5 7.3% 7.0% 125.1 136.0 11+10 Masonry Retaining Wall (Ftg Backfill) STA 288.0 7.9% 7.0% 123.1 136.0 11+40 Masonry Retaining Wall (Ftg Backfill) STA 288.0 7,5% 7.0% 127,3 136,0 11+25 Masonry Retaining Wall (Ftg Backfill) STA 289.0 7.2% 7.0% 129,0 136.0 11+90 Masonry Retaining Wall (Ftg Backfill) STA 289.0 6.6% 7.0% 130.6 136.0 11+75 Masonry Retaining Wall (Ftg Backfill) STA 289,0 8.6% 7.0% 130.5 136.0 11+55 Masonry Retaining Wall (Ftg Backfill) STA 289.0 7.6% 7.0% 129.6 136.0 11+15 Masonry Retaining Wall (Ftg Backfill) STA 289.0 7.8% 7.0% 127.8 136.0 11+40 Aligned at 1' Point Between soldier beams 290.0 6.8% 7.0% 118,3 136.0 53&14 Retestof#132 290.0 6.9% 7.0% 102.4 136.0 Aligned at 1' Point Between soldier beams 290.0 7.2% 7.0% 123.8 136.0 53S21 Aligned at 1' Point Between soldier beams 290,0 6.7% 7.0% 125.1 136.0 55&7 Aligned at 1' Point Between soldier beams 290.0 6.5% 7.0% 132.5 141,0 53&1 Adjacent Soldier Beam 54 290,0 5.5% 7.0% 115.6 136.0 Retestof#137 290.0 7.1% 7.0% 122.4 136.0 Relative Comp. Obt. 92% 91% 94% 95% 96% 96% 95% 94% 87% 75% 91% 92% 94% 85% 90% Req. 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% Conform Mori-Conform Conform Conform Conform Conform Conform Conform Conform Conform Nonconform Nonconform Conform Conform Conform Nonconform Conform TABLE 2 REPORT OF FIELD DENSITY TESTS Test #Sample # Test Date Test Location Elev. (ft) Moisture Field Opt. Dry Density (pcf) Field Max. Relative Com p. Obt.Req. Conform Non-Conforrn Contract Number Project Name: Location: Test 139 140 141 142 143 144 145 146 147 148 149 150 151 152 Sample # 4 4 4R/C 4R/C 4R/C 4R/C 4R/C 15 15 15 15 15 15 4R/C Test Date 6/7/2006 6/7/2006 6/7/2006 6/7/2006 6/7/2006 6/7/2006 6/7/2006 6/7/2006 6/7/2006 6,7/2006 6/7/2006 6/7/2006 6/8/2006 6/8/2006 89583 Carlsbad - Agua Dulce Carlsbad, California 153 4R/C 6/8/2006 Aligned at 'L' Point Between soldier beams 52&11 Retestof#139 Aligned at 'L' Point Between soldier beams 53S23 Aligned at 'L' Point Between soldier beams 53&19 Aligned at 'L' Point Between soldier beams 53&11 Aligned at 'L' Point Between soldier beams S4&66 Aligned at 'L' Point Between soldier beams 53&17 Aligned at 1' Point Between soldier beams 16&59 Retestof#146 Aligned at 'L' Point Between soldier beams 22&66 Aligned at 'L' Point Between soldier beams 19&66 Aligned at 'L' Point Between soldier beams 21&66 Retestof#150 Aligned at V Point Between soldier beams 53&19 Aligned at 'L' Point Between soldier beams 53&15 290.0 6.8% 7.0% 111.5 136.0 82%90%Nonconform 290.0 291.5 291.5 291.0 291.5 292.0 291.5 291-5 291.5 291.5 293.5 293,5 292.0 7,0% 6.3% 6.3% 5.4% 6.1% 7.1% 15,6% 14.7% 12.8% 15.1% 15.7% 17.0% 6.4% 7.0% 7.0% 7.0% 7.0% 7.0% 7.0% 13.0% 13,0% 13.0% 13.0% 13.0% 13.0% 7.0% 122,4 128.6 127.1 134.0 131,2 128.3 105,3 109.9 112.3 108,7 100.4 107.4 134.3 136.0 141,0 141.0 141.0 141.0 141.0 119,0 119.0 119.0 119.0 119.0 119,0 141.0 90% 91% 90% 95% 93% 91% 88% 92% 94% 91% 84% 90% 95% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% Conform Conform Conform Conform Conform Conform Nonconform Conform Conform Conform Nonconform Conform Conform 292.0 5.9% 7,0% 123.1 141.0 87%90%Nonconform TABLE 2 REPORT OF FIELD DENSITY TESTS Contract Number: Project Name: Location: Test # 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 Sample # 4R/C 4R/C 4R/C 4R/C 4R/C 4R/C 15 4R/C 4R/C 4R/C 4R/C 4R/C 15 4R/C 4R/C Test Date 6/8/2006 6/8/2006 6/8/2006 6/8/2006 6/8/2006 6/8/2006 6/9/2006 6/9/2006 6/9/2006 6/9/2006 6/9/2006 6/9/2006 6/9/2006 6/9/2006 6/9/2006 89583 Carlsbad - Agua Dulce Carlsbad, California M Tpr— t 1 rtMttnn Flnr fftti esi i_ocaiion ciev, jnj - Fielc Aligned at 'L' Point Between soldier beams 292.0 6.7 53&11 aisture Dry Density (pcf) i Opt. Field Max. % 7.0% 132.5 141.0 Aligned at 'L' Point Between soldier beams 292.0 6.9% 7,0% 128.2 141.0 54&10 Aligned at 'L' Point Between soldier beams 292.0 6.7% 7.0% 132.5 141.0 53&8 Aligned at 'L' Point Between soldier beams 292.0 6.9% 7.0% 129.9 141.0 S3&66 Aligned at 1' Point Between soldier beams 292.0 6. 1 53&61 % 7.0% 126.7 141.0 Adjacent Retaining wall in alignment w/ SB 291.0 6.2% 7.0% 131.1 141.0 23 Aligned at V Point Between soldier beams 293.0 17,1% 13.0% 107.3 119.0 57&9 Aligned at V Point Between soldier beams 293,0 5.3% 7.0% 124.0 141.0 S4&66 Retestof#161 293.0 5.9% 7,0% 128,3 141.0 Aligned at 'L' Point Between soldier beams 293.0 7.0% 7,0% 129.0 141.0 54&18 Adjacent wall between SB 52&1 8 293.0 6.8%- 7.0% 129.7 141.0 Adjacent wall between SB S2&22 292.5 6.5% 7.0% 128.3 141,0 In front of Soldier Beam 17 Backfill of El 298 299.0 13.1% 13.0% 109.9 119.0 Hal trench Aligned at L point between soldier beams 294.0 6,6% 7.0% 126.5 141.0 5S&65 Aligned at L point between soldier beams 294.0 6.1% 7,0% 129.7 141.0 Relative Comp. Obt. 94% 91% 94% 92% 90% 93% 90% 88% 91% 91% 92% 91% 92% 90% 92% Req. 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% Conform Non-Conform Conform Conform Conform Conform Conform Conform Conform Nonconform Conform Conform Conform Conform Conform Conform Conform 53&8 TABLE 2 REPORT OF FIELD DENSITY TESTS Contract Number: Project Name Location: T®st Sample*ff 169 4R/C 170 4 R/C 171 4 R/C 172 15 173 15 174 4 R/C 175 4 R/C 176 4 R/C 177 4 R/C 178 4 R/C 179 4 R/C 180 4 R/C 181 4 R/C 182 4 R/C 183 4 R/C Test Date 6/9/2006 6/9/2006 6/9/2006 6/9/2006 6/9/2006 6/12/2006 6/12/2006 6/12/2006 6/12/2006 6/12/2006 6/12/2006 6/13/2006 6/13/2006 6/13/2006 6/13/2006 39583 Carlsbad - Agua Dulce Carlsbad, California Moisture Dry Field Opt. Fie Density (pcf) Relative Comp. Conform Id Max. Obt. Req. Non-Conform Aligned at L point between soldier beams 294.0 5,8% 7.0% 126.9 141,0 90% 90% Conform 53&12 Aligned at L point between soldier beams 295.0 6.7% 7,0% 128.3 141.0 91% 90% Conform 54&18 Aligned at L point between soldier beams 294.0 6.8% 7.0% 131.1 141-0 93% 90% Conform 53&20 Aligned at L point between soldier beams 294,0 18.7% 13.0% 109.9 119.0 92% 90% Conform 58&18 Aligned at L point between soldier beams 294.0 20.4% 13.0% 105,2 119.0 88% 90% Nonconform 57&8 Aligned at L point between soldier beams 295.0 5.9% 7.0% 125.5 141.0 89% 90% Nonconform 53&7 Retestof#174 295.0 7.2% 7.0% 129,7 141,0 92% 90% Conform Aligned at L point between soldier beams 295.0 5.2% 7.0% 124.1 141.0 88% 90% Nonconform 53&15 Retestof#176 295.0 7.1% 7,0% 128.3 141.0 91% 90% Conform Aligned at L point between soldier beams 297.0 8.7% 7,0% 128.6 141.0 91% 90% Conform 53&9 Aligned at L point between soldier beams 298.0 6.0% 7.0% 119.8 141.0 85% 90% Nonconform 53&5 Retestof#179 298.0 7.1% 7.0% 133.9 141.0 95% 90% Conform Aligned at L point between soldier beams 298,0 6.1% 7.0% 125.5 141.0 89% 90% Nonconform 54&14 Retestof#181 298.0 7.1% 7.0% 131,1 141,0 93% 90% Conform Aligned at L point between soldier beams 297.5 5.9% 7.0% 122.7 141.0 87% 90% Nonconform 54&14 184 4 R/C 6/13/2006 Retestof#183 297.5 6.8% 70% 135.4 141.0 96%90%Conform TABLE 2 REPORT OF FIELD DENSITY TESTS Contract Number; Project Name: Location: Test n 185 186 187 188 189 190 191 192 193 194 195 196 197 198 Sample # 6 15 15 4 R/C 4 R/C 4 R/C 6 17 17 17 4 R/C 4 R/C 17 17 Test Date 6/13/2006 6/13/2006 6/13/2006 6/14/2006 6/14/2006 6/14/2006 6/14/2006 6/14/2006 6/14/2006 6/14/2006 6/14/2006 6/14/2006 6/15/2006 6/15/2006 89583 Carlsbad - Agua Dulce Carlsbad, California M Tr~t 1 nritlrttt Plnr ffMteal LUtallOM Clt?V. \tlf — — — — Fiek oisture Dry Density (pcf) 1 Opt Field Max. Aligned at L point between soldier beams 297,0 6.2% 7.0% 125.1 135.0 5S&27 Aligned at L point between soldier beams 298.0 20.0% 13.0% 107.5 119.0 66&17 Aligned at L point between soldier beams 298.0. 17.2% 13.0% 107.5 119,0 66&21 Aligned at L point between soldier beams 299.0 6.3% 7.0% 133.3 141.0 53&6 Aligned at L point between soldier beams 299,0 8.2% 7.0% 134.9 141.0 53&17 Aligned at L point between soldier beams 299.0 7.4 53&22 % 7.0% 135,4 141.0 Aligned at L point between soldier beams 2960 6.4% 7,0% 1274 135.0 52S24 (e slope) Aligned at L point between soldier beams 298.0 17.4% 13.5% 103.4 116.5 S9&64 Aligned at L point between soldier beams 298.0 15.7% 13.5% 103.4 116.5 9&66 Aligned at L point between soldier beams 298,0 16.1% 13,5% 106.9 116,5 12&66 Aligned at L point between soldier beams 301.0 8.7% 7.0% 129.5 141.0 54&6 Aligned at L point between soldier beams 301,0 7.5% 7.0% 134.9 141.0 53&15 Aligned at L point between soldier beams 300.0 17.7% 13.5% 102,2 116.5 59S63 Retestof#197 300.0 17,1% 13.5% 109.3 116,5 Relative Comp. Obt. 93% 90% 90% 95% 96% 96% 94% 89% 89% 92% 92% 96% 88% 94% Req. 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% Conform Non-Conform Conform Conform Conform Conform Conform Conform Conform Nonconform OK'd by VO Nonconform OK'd by VO Conform Conform Conform Nonconform Conform TABLE 2 REPORT OF FIELD DENSITY TESTS Contract Number Project Name Location: 89583 Carlsbad - Agua Dulce Carlsbad, California Test #Sampled Test Date Test Location Elev. (ft) Moisture Field Opt Dry Density (pcf) Field Max. Relative Comp. Obt.Req. Conform Non-Conform 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 17 17 17 17 17 17 4R/C 4R/C 4R/C 4R/C 4R/C 17 17 17 17 17 17 17 17 6/15/2006 6/15/2006 6/15/2006 6/15/2006 6/15/2006 6/16/2006 6/15/2006 6/15/2006 6/15/2006 6/16/2006 6/16/2006 6/16/2006 6/16/2006 6/16/2006 6/16/2006 5/16/2006 6/16/2006 6/16/2006 6/16/2006 Aligned at L point between soldier beams 66&14 Retestof#199 Aligned at L point between soldier beams 57&66 Aligned at L point between soldier beams S7&67 Aligned at L point between soldier beams 66S24 Aligned at L point between soldier beams 57&8 Aligned at L point between soldier beams S6&23 Aligned at L point between soldier beams 57&16 Aligned at L point between soldier beams 57&8 Retestof#205 Retestof#206 15'WestofSB#10 Retestof#210 10' West of SB #17 Retestof#212 15'WestofSB#21 20'WestofSB#9 20'WestofSB#13 20'WestofSB#18 300.0 300.0 300.0 300.0 300.0 300.0 302.0 302.0 302.0 302.0 302.0 303.5 303.5 303.5 303.5 303.5 306.0 306.0 306.0 18.6% 19.1% 16.5% 16.7% 16.3% 6.4% 7.4% 7.6% 6.8% 7.8% 7.4% 177% 16.4% 16.1% 16.7% 15.7% 16.0% 16.7% 16.1% 13.5% 13.5% 13.5% 13.5% 13.5% 13.5% 7.0% 7,0% 7.0% 7,0% 7.0% 13.5% 13.5% 13.5% 13.5% 13.5% 13,5% 13.5% 13,5% 98.7 106.9 108.1 110.5 111.2 132.2 124.1 124.1 126.9 131.1 132,5 103,4 106,9 1034 106.9 108.1 106.9 108.1 108.1 116.5 116.5 116.5 116,5 116.5 116.5 141.0 141.0 141.0 141.0 141.0 116,5 116.0 116.5 116.5 116.5 116.5 116.5 116.5 85% 92% 93% 95% 95% 113% 88% 88% 90% 93% 94% 89% 92% 89% 92% 93% 92% 93% 93% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% Nonconform Conform Conform Conform Conform Conform Nonconform Nonconform Conform Conform Conform Nonconform Conform Nonconform Conform Conform Conform Conform Conform TABLE 2 REPORT OF FIELD DENSITY TESTS Contract Number Project Name: Location: 89583 Carlsbad - Agua Dulce Carlsbad, California Test #Sample # Test Date Test Location Elev, (ft) Moisture Field 218 17 6/16/2006 20' West of SB#25 306.0 15.8% 219 4 R/C 6/19/2006 Aligned at L point between soldier beams 305.5 6-1% 57&5 Opt. Dry Density (pcf) Field 13.5% 105.7 7,0% 126,9 Max. Relative Com p. Obt. 116,5 91% 141.0 90% Req. Conform Non-Conform 90% Conform 90% Conform 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 4 R/C 4 R/C 4 R/C 6 6 15 15 15 17 17 15 17 17 15 17 17 4 R/C 6/19/2006 6/19/2006 6/19/2006 6/19/2006 6/19/2006 6/19/2006 6/19/2006 6/19/2006 6/19/2006 6/19/2006 6/19/2006 6/19/2006 6/19/2006 6/20/2006 6/20/2006 6/20/2006 6/20/2006 6/19/2006 Aligned at L point between soldier beams 57&11 Aligned at L point between soldier beams 56&19 Aligned at L point between soldier beams 58824 Aligned at L point between soldier beams 57&17 Aligned at L point between soldier beams 57S65 20' West of Soldier Beam #7 20' West of Soldier Beam #11 20' West of Soldier Beam #24 20' West of Soldier Beam #15 Retestof#228 20' West of Soldier Beam #13 20' West of Soldier Beam #17 20' West of Soldier Beam #21 20' West of Soldier Beam #22 20' West of Soldier Beam #9 Retestof#234 Alignment of 'L' Point between soldier beams 16&56 305 305 307 307 306 .5 .5 .0 .0 ,5 306,5 307 307 307 307 308 308 307 308 ,0 .0 ,0 ,0 ,0 .0 .5 0 308,0 308 310 .0 0 7.0% 7.3% 6.9% 7,5% 7.3% 16.2% 15.9% 16.2% 20.2% 19.1% 17,0% 16.2% 19.7% 17.6% 20.5% 14.3% 6.4% 7.0% 7.0% 7,0% 7.0% 7.0% 13.0% 13.0% 13.0% 13.5% 13,5% 13.0% 13.5% 13.5% 13.0% 13.5% 13.5% 7.0% 128.3 129.7 131 127 129 109 111 108 103 1 .8 .2 .9 .1 .7 .4 105-7 109 106 104 110 104 109 128 .9 ,9 .6 .6 .7 .5 .3 141 141 141 135 135 119 119 119 116 116 119 116 .0 .0 .0 .0 .0 .0 .0 .0 ,5 .5 .0 .5 116.5 119.0 116.5 116. 141 .5 0 91% 92% 93% •95% 96% 92% 93% 91% 89% 91% 92% 92% 90% 93% 90% 94% 91% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% Conform Conform Conform Conform Conform Conform Conform Conform Nonconform Conform Conform Conform Conform Conform Conform Conform Conform TABLE 2 REPORT OF FIELD DENSITY TESTS Contract Number Project Name Location: 89583 Carlsbad - Agua Dulce Carlsbad. California Test it Sample # Test Date Test Location Elev, (ft) Moisture Field Opt, Dry Density (pcf) Field Max, Relative Com p. Obt.Req. Conform Non-Conform 237 16R/C 6/20/2006 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 17 15 17 4R/C 17 15 15 6 6 4R/C 4R/C 16 15 15 19 16 4R/C 15 15 15 15 19 19 19 6/21/2006 6/21/2006 6/21/2006 6/21/2006 6/22/2006 6/22/2006 S/22/2006 6/22/2006 6/22/2006 6/22/2006 6/23/2006 6/23/2006 6/23/2006 6/23/2006 6/26/2006 6/26/2006 6/26/2006 6/27/2006 6/27/2006 6/27/2006 6/27/2006 6/27/2006 6/27/2006 6/27/2006 Alignment of 'L' Point between soldier beams 7S58 20' West of Soldier Beam #25 20' West of Soldier Beam #5 10'West of SB #59 20'West of SB #65 25'West of SB-11 25'WestofSB-16 2Q'WestofSB-23 Aligned of L point between SB 24&S7 Aligned of L point between SB 7&57 Aligned of L point between SB 19&56 Aligned of L point between SB 58&21 Aligned of L point between SB 58&9 20'West of SB #12 20'West of SB #25 50'West of SB #29 70'West of SB #14 50' West of SB #2 22' West of SB #4 16'West of SB #5 15'West of SB #20 18'West of SB #23 65' West of SB #23 62' West of SB #7 68' West of SB #2 310.0 6.4% 6.0% 125.0 133.0 94%90%Conform 311.5 307.0 311.0 311.0 313.0 313,0 313.0 314.0 314.0 314.0 316.0 316.0 316.0 316.0 318.0 318.0 318.0 320.0 320.0 320.0 320.0 320.0 320,0 322.0 20.7% 19.7% 19.0% 7.5% 18.1% 17.9% 18.0% 7.1% 7.9% 7.5% 9.5% 7.9% 20.0% 19.0% 9.5% 9.5% 8.3% 17.5% 14.5% 14.5% 16.3% 7.9% 7.1% 8.6% 13.5% 13.0% 13.5% 7.0% 13.5% 13.0% 13.0% 7.0% 70% 7,0% 7.0% 6.0% 13.0% 13.0% 11.0% 6,5% 7,0% 13.0% 13.0% 13.0% 13.0% 11.0% 11.0% 1 1 ,0% 108,1 112.3 106.6 131.9 107.3 109.9 112.3 129.1 124.6 132,4 131,3 128.4 113.4 114.6 113.4 126.8 134.9 107,5 113.5 111.7 112.3 112.9 115.1 116.6 116.5 119.0 116.5 141.0 116.5 119.0 119.0 135.0 135.0 141.0 141.0 133,0 119.0 119.0 126.0 133.0 141.0 119.0 119.0 119.0 119.0 126.0 126.0 126.0 93% 94% 92% 94% 92% 92% 94% 96% 92% 94% 93% 97% 95% 96% 90% 95% 96% 90% 95% 94% 94% 90% 91% 93% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% Conform Conform Conform Conform Conform Conform Conform Conform Conform Conform Conform Conform Conform Conform Conform Conform Conform Conform Conform Conform Conform Conform Conform Conform TABLE 2 REPORT OF FIELD DENSITY TESTS Contract Number Project Name: Location: Test # 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 Sample # 19 19 19 19 19 19 19 15 15 19 19 19 19 15 15 19 19 19 19 15 15 19 19 19 Test Date 6/27/2006 6/28/2006 6/28/2006 6/28/2006 6/29/2006 6/29/2006 6/29/2006 6/29/2006 6/29/2006 6/30/2006 6/30/2006 6/30/2006 6/30/2006 6/30/2006 7/5/2006 7/5/2006 7/5/2006 7/6/2006 7/6/2006 7/6/2006 7/6/2006 7/6/2006 7/6/2006 7/6/2006 89583 Carlsbad - Agua Dulce Carlsbad, California Moisture Dry Field Opt, Fie Density (pcf) Relative Comp. Conform Id Max. Obt. Req. Non-Conform 60' West of SB #27 322.0 7.1% 11.0% 115.8 126.0 92% 90% Conform 60' West of SB #29 323.0 13.6% 11.0% 109,2 126.0 87% 90% Nonconform 70' West of SB #20 323.0 7.9% 11.0% 114.2 126.0 91% 90% Conform Retestof#263 323,0 9,4% 11.0% 114,2 126,0 91% 90% Conform 60' West of SB #26 325.0 9,5% 11.0% 115.5 126.0 92% 90% Conform 601 West of SB #16 325.0 11.9% 11.0% 116.7 126.0 93% 90% Conform 60'WestofSB#4 325.0 10.3% 11.0% 115.5 126.0 92% 90% Conform 15' West of SB #28 325.0 14.5% 13.0% 108.2 119.0 91% 90% Conform 15' West of SB #4 325.0 15.4% 13.0% 110.7 119.0 93% 90% Conform 65' West of SB #30 327.0 10.5% 11.0% 116.5 126.0 92% 90% Conform 65' West of SB #6 327.0 12.0% 11.0% 115.5 126.0 92% 90% Conform 60' West of SB #9 327,5 9.2% 11.0% 115.5 126.0 92% 90% Conform 60' West of SB #30 327.5 11.3% 11.0% 117,9 126.0 94% 90% Conform 15* West of SB #30 327.0 15,3% 13,0% 109.9 119.0 92% 90% Conform 15'WestofSB#1 327.5 18.3% 13,0% 107.0 119.0 90% 90% Conform 60' West of SB #23 329.0 10.3% 11.0% 114.2 126.0 91% 90% Conform 60' West of SB #7 329.0 11.1% 11.0% 115.4 126.0 92% 90% Conform 40' West and 5' South of SB #8 329.5 9.5% 110% 116,7 126.0 93% 90% Conform 55' West of Soldier Beam #4 329.5 9.5% 11.0% 116.2 126.0 92% 90% Conform 35' West of Soldier Beam #16 331.0 14.5% 13,0% 113.0 119.0 95% 90% Conform 30' West of Soldier Beam #24 331.0 15.4% 13.0% 112.7 119.0 95% 90% Conform 35' North and 5' East of Soldier Beam #60 331.0 10.3% 11.0% 117.9 126,0 94% 90% Conform 45' West of Soldier Beam #15 331.0 11.1% 11.0% 120.5 126.0 96% 90% Conform 40' West and 10' South of Soldier Beam #30 331,0 10.3% 11.0% 117.9 126.0 94% 90% Conform TABLE 2 REPORT OF FIELD DENSITY TESTS Contract Number: Project Name: Location: Test # 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 Sam pie # 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 15 15 15 15 Test Date 7/7/2006 7/7/2006 7/7/2006 7/7/2006 7/10/2006 7/10/2006 7/12/2006 7/12/2006 7/12/2006 7/12/2006 7/18/2006 7/18/2006 7/19/2006 7/19/2006 7/19/2006 7/19/2006 8/2/2006 8/2/2006 8/2/2006 89583 Carlsbad - Agua Oulce Carlsbad, California Moisture Field Opt, Dry Density (pcf) Relative Comp. Field Max. Obt. Req. 40' West of Soldier Beam #4 333.0 7,9% 11.0% 112,9 126.0 90% 90% 40' West of Soldier Beam #12 333.0 11.9% 110% 108.0 126.0 86% 90% 40' West of Soldier Beam #27 333.0 12.7% 11.0% 114.4 126.0 91% 90% Retestof#287 333.0 11.9% 11.0% 115.5 126.0 92% 90% 29' Norths 32' East of Soldier Beam #60 330.0 8,7% 11.0% 109.1 126.0 87% 90% Retestof#290 330,0 9.4% 11.0% 116.7 126.0 93% 90% 29' North & 24' East of Soldier Beam #60 330.0 15.4% 11.0% 117.8 126.0 93% 90% 29' North & 27' East of Soldier Beam #60 330-0 13.6% 11.0% 115.1 126.0 91% 90% 29' North& 13' East of Soldier Beam #60 332.0 10.3% 11.0% 109.9 126.0 87% 90% Retestof#294 332.0 10.8% 11,0% 114.2 126.0 91% 90% 30' West of Soldier Beam #8 329.0 9.4% 11.0% 114.2 126.0 91% 90% 24' West of Soldier Beam #1 328.5 8.8% 11.0% 115.5 126.0 92% 90% 35' West of Soldier Beam #17 329.0 9.0% 11.0% 118.3 126.0 94% 90% 35' West of Soldier Beam #20 330.0 7.1% 11.0% 113,0 126.0 90% 90% 49' Norths 42' West of Soldier Beam #1 330.0 6.8% 11.0% 116.7 126.0 93% 90% 10' West of Soldier Beam #10 330.0 14.0% 13.0% 114.5 119.0 96% 90% 200' South and 25' West of North End 331,5 14,2% 13,0% 102.8 119.0 86% 90% Sound Wall Retes!of#302 331.5 15.6% 13.0% 109.9 119,0 92% 90% 300' South and 5' West of North End Sound 333.0 14.7% 13,0% 112.3 119.0 94% 90% Wall Conform Non-Conform Conform Nonconform Conform Conform Nonconform Conform Conform Conform Nonconform Conform Conform Conform Conform Conform Conform Conform Nonconform Conform Conform 305 15 8/2/2006 250' South and 14' West of North End Sound Wall 306 19 8/3/2006 280' South and 10' West of North End Sound Wall 335.0 15.2% 13.0% 111.1 119.0 93% 90% Conform 335.0 13.2% 11,0% 116.7 126.0 93% 90% Conform TABLE 2 REPORT OF FIELD DENSITY TESTS Contract Number; Project Name: Location: Test # 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 Sample # 15 15 15 19 19 19 4R/C 4R/C 13 4R/C 10 22 23 23 23 Test Date 8/3/2006 8/3/2006 8/8/2006 8/8/2006 8/10/2006 8/10/2006 9/11/2006 9/11/2006 9/11/2006 9/12/2006 9/12/2006 11/27/2006 12/6/2006 12/6/2006 12/6/2006 89583 Carlsbad - Agua Dulce Carlsbad, California Mi Tost Loc3tion Eisv. (ft) --- Fielc Disture Dry Density (pcf) i Opt. Field Max. 200' South and 24' West of North End 334,0 11-9% 13.0% 109.9 119.0 Sound Wall 250' South and 14' West of North End 336.0 12.1% 13.0% 111.1 119.0 Sound Wall 225' South and 25' West of North End 335.0 13.4% 13.0% 108.7 119.0 Sound Wall 8' West and 40' North of Connection Point of 336,0 10,7% 11.0% 117.9 126.0 Sound Wall 8' West of Connection Point of Sound Wall 337.0 9.5% 11.0% 119.6 126.0 8' West and 1 0' North of Connection Point of 337,0 8.3% 11.0% 115.5 126.0 Sound Wall Exterior Side Privacy Wall 20' North& 10' 338.0 7,0% 7.0% 125.5 141.0 East of Sound Wall Opening Retestof#313 338.0 7,2% 7.0% 128.3 141.0 Adjacent opening of sound wall • 338.5 6.7% 6.0% 134.7 143.0 10' North of Sound Wall Opening 338.5 9.4% 7.0% 134.9 141.0 40' North East of Sound Wall Opening 3375 9.0% 70% 123.2 136.0 Pedestrian/Bike Path & Utility Access Road 333.5 6.5% 6.0% 136.8 144.0 Sta 12+50 Pedestrian/Bike Path & Utility Access Road 334.1 5.3% 5.0% 136.8 142.5 Sta 12+50 Pedestrian/Bike Path & Utility Access Road 332.0 5.70/ Sta 10+75 o 5.0% 135.4 142.5 Pedestrian/Bike Path & Utility Access Road 336,0 6.0% 5.0% 136.8 142.5 Relative Com p. Obt. 92% 93% 91% 94% 95% 92% 89% 91% 94% 96% 91% 95% 96% 95% 96% Req. 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 95% 95% 95% 95% Conform Non-Conform Conform Conform Conform Conform Conform Conform Nonconform Conform Conform Conform Conform Conform Conform Conform Conform Sta 13+25 TABLE 2 REPORT OF FIELD DENSITY TESTS Contract Number Project Name: Location: Test # 322 323 324 325 326 327 328 329 330 331 332 333 334 335 Sample # AC AC AC AC AC AC AC AC AC AC 25 25 25 25 Test Date 12/7/2006 12/7/2006 12/7/2006 12/7/2006 12/7/2006 12/7/2006 12/7/2006 12/7/2006 12/7/2006 12/7/2006 1/8/2007 1/9/2007 1/9/2007 1/9/2007 89583 Carlsbad - Agua Oulce Carlsbad. California M Tft~f 1 nfifinn Flr-tr /fHItsai I_>Ut#<IUUi 1 CiltJV, \It/ Fiek Pedestrian/Bike Path & Utility Access Road 331 7 Sta 10+10 Pedestrian/Bike Path & Utility Access Road 332,3 Sta 10+50 Pedestrian/Bike Path & Utility Access Road 332.7 Sta 1H-00 Pedestrian/Bike Path & Utility Access Road 333.2 Sta 11 +50 Pedestrian/Bike Path & Utility Access Road 333.8 Sta 12+00 Pedestrian/Bike Path & Utility Access Road 334 4 Sta 12+50 Pedestrian/Bike Path & Utility Access Road 335.3 Sta 13+00 Pedestrian/Bike Path & Utility Access Road 336.5 Sta 13+50 Pedestrian/Bike Path & Utility Access Road 336.6 Sta 13+90 Pedestrian/Bike Path & Utility Access Road 336.6 Sta 13+95 oisture Dry Density (pcf) 1 Opt. Field Max. 144.0 151.6 144.4 151.6 148.6 151.6 147.0 151.6 148.5 151.6 147.2 151.6 148.5 151.6 148.6 151.6 145.5 151,6 144.0 151.6 Agua Dulce Court at Turning Radious Sta SG 4.1% 8.5% 123.5 130,5 15+10 Entrance to Agua Dulce Court Sta 12+25 SG 7.1% 8.5% 113.5 130.5 Retestof333 SG 7.5% 8.5% 125.3 130.5 Agua Dulce Court at Sta 13+95 SG 7.0% 8.5% 124.0 130.5 Relative Com p. Obt. 95% 95% 98% 97% 98% 97% 98% 98% 96% 95% 95% 87% 96% 95% Req. 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% Conform Non-Conform Conform Conform Conform Conform Conform Conform Conform Conform Conform Conform Conform Nonconform Conform Conform TABLE 2 REPORT OF FIELD DENSITY TESTS Contract Number: Project Name: Location 89583 Carlsbad - Agua Dulce Carlsbad. California Test #Sample # Test Date Test Location Elev. (ft) Moisture Field Opt, Dry Density (pcf) Field Max. Relative Comp. Obt.Req. Conform Non-Conform 336 25 1/10/2007 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 25 25 25 25 25 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 23 1/10/2007 1/10/2007 1/10/2007 1/10/2007 1/10/2007 1/10/2007 1/10/2007 1/10/2007 1/10/2007 1/10/2007 1/10/2007 1/10/2007 1/10/2007 1/10/2007 1/10/2007 1/10/2007 1/10/2007 1/10/2007 1/12/2007 1/12/2007 1/12/2007 1/15/2007 Agua Dulce Court Center of Turning Radius Approx Sta 14+80 Agua Dulce Ct at Sta 12+83 Center of Agua Dulce Ct at Sta 13+00 Agua Dulce Ct at Sta 13+50 Dorado Place at Sta 11 +72 Dorado Place at Sta 11+00 Agua Dulce Ct Sta 12+19 Agua Dulce Ct Sta 12+73 Agua Dulce Ct Sta 13+21 Agua Dulce Ct Sta 13+38 Agua Dulce Ct Sta 13+85 Agua Dulce Ct Sta 13+53 Agua Dulce Ct Sta 14+50 Agua Dulce Ct 12+19 Agua DulceCt 12+73 Agua DulceCt 13+21 Agua DulceCt 13+38 Agua DulceCt 13+85 Agua Dulce Ct 13+53 Agua DulceCt 14+50 Retest of 353 Retest of 354 Permanent Trench Patch Estera St Sta 10+00 SG 6.8% 8.5% 126.6 130.5 97%95%Conform SG SG SG SG SG AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC SG 6.9% 8.5% 125,3 7.1% 8.5% 126.6 6.9% 8,5 126.6 7.3% 8.5 125.3 7.5% 8.5 125.3 144,0 145.2 142.6 143.8 142.3 139.3 145.3 143.5 142.4 142.0 143,8 139.0 140.0 143.7 144.0 142.5 6.3% 5.0% 136,8 130.5 130.5 130.5 130.5 130,5 149.8 149.8 149.8 149.8 149.8 149.8 149.8 149.8 149.8 149.8 149.8 149.8 149.8 149,8 149.8 149.8 142,5 96% 97% 97% 96% 96% 96% 97% 95% 96% 95% 93% 97% 96% 95% 95% 96% 93% 94% 96% 96% 95% 96% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% Conform Conform Conform Conform Conform Conform Conform Conform Conform Conform Nonconform Conform Conform Conform Conform Conform Nonconform Nonconform Conform Conform Conform Conform ok per DM ok per DM ok per DM TABLE 2 REPORT OF FIELD DENSITY TESTS Contract Number: Project Name: Location: Test # 359 360 361 362 Te Sample # Ot. 89583 Carlsbad - Agua Dulce Carlsbad. California st Moisture Dry te Field Opt, Fie Density (pcf) Relative Comp. Conform Id Max. Obt. Req. Non-Conform 23 1/15/2007 Permanent Trench Patch Estera St. Sta SG 6,2% 5,0% 135,4 142,5 95% 95% Conform 9+85 AC 1/15/2007 Permanent Trench Patch Estera St. Sta 8"AC 145.9 151.6 96% 95% Conform 10+17 AC 1/15/2007 Permanent Trench Patch Estera St. Sta 8"AC 147.1 151.6 97% 95% Conform 9+97 AC 1/15/2007 Permanent Trench Patch Estera St. Sta 8"AC 145.2 151.6 96% 95% Conform 10+25 April 30, 2008 Contract No.; 148526 City of Carlsbad 5950 HI C'ainino Real Carlsbad. CA 92009 Attention: Mr. Skip Hammann Subject: Geotechnical I engineering Disclosure Project: Rancho Santa Fe Road-Phase I Roadway Slope Stabilization Carlsbad. California References: 1. "Geotechnical Investigation & Field Review Report. Rancho Santa Fe Road Phase 7, Volume 1 & 2. Roadway Slope Stabilization, Carlsbad. California."Contract No.: 39583, prepared by Testing Engineers-US Labs, dated April 17. 2006. 2, "As Graded Compaction Report. Rancho Santa Fe Road Slide Slope Stabilization, Carlsbad California," Contract No: 89583. prepared by Testing Engineers - US Labs, dated February 19, 2007. Dear Mr. Hammann: Testing Engineers -San Diego, Inc. (TESD) was the engineer of record for the recently completed Rancho Santa Fe Road Phase 1 Roadway Slope Stabilization and has issued its As-Grade Compaction Report for said work of improvement finding that the slope stabilization earthwork and subdrainage installation were constructed in general conformance with the project specifications and are considered suitable for the intended use It is TESD's opinion that the stability of the repaired slope meets or exceeds the minimum factors of safety required for stability, i.e. the slope is permanently stable, and that the residences at the base of the slope including those at 7550 Agua Dulce Court and 7551 Agua Dulce Court, Carlsbad, California, are not at risk from slope instability. It should be noted that all slopes (natural, cut, fill or otherwise) are subject to downhill "creep" to some degree, as well as possible surficial deterioration due to normal weathering. This general observation is made in order to emphasize the importance of slope maintenance, and is not intended to suggest a particularly unusual or compelling adverse condition. Slope vegetation should be maintained to reduce erosion and paved slope drains should be periodically cleared of any significant runoff sediments, debris, vegetation, overgrowth, etc. in order to maintain proper performance. TESD appreciates being of service to you. If you have any questions or require additional information, please do not hesitate to contact the undersigned at (858)715-5800. Respectfully submitted, Testing Engineers - San Di a Bureau. Verrtas Company Van Olin, GE 2578 Principal Geotechnical Engi Diitr button Fjtginccrs S;in Diego . • .,, , ...... I : Mllll: (858) '<•' •.:•"" !.!•,: (S5RJ '! ;- ;<K!0 ' '•. '.. !..'-..''. I ; - p EXHIBIT 2