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2016-09-13; City Council; ; Adopt a resolution awarding a contract to Jefco Equipment Company for the Agua Hedionda Streambank Restoration Project No. 6618
~ CITY COUNCIL ~ Staff Report Meeting Date To: From: Staff Contact: Sept. 13, 2016 Mayor and City Council . U,/ Kevin Crawford, City Manager~ SHERRI HOWARD, ASSOCIATE ENGINEER Sherri.Howard@carlsbadca.gov or 760-602-2756 CA Review f{> Subject Adopt a Resolution awarding a Contract to JEFCO Equipment Company for the Agua Hedionda Streambank Restoration Project No. 6618. Recommended Action Adopt a Resolution awarding a Contract to JEFCO Equipment Company for the Agua Hedionda Streambank Restoration Project No. 6618. Executive Summary The Agua Hedionda Streambank Restoration Project is located along Agua Hedionda Creek south of College Boulevard. This project will restore the streambank and creek bottom damaged by storm water exiting an existing public storm drain pipeline into the creek. Discussion The storm drain pipeline discharges into a rip rap energy dissipater that no longer functions as designed and has resulted in stream bank erosion. In addition to eroding the streambank, the damaged rip rap energy dissipater caused modifications to the creek bottom that were detrimental to the normal stream flow. Starting in November 2013, staff has collaborated with the US Army Corp of Engineers, the California Department of Fish and Wildlife, the Regional Water Quality Control Board (collectively the "Resource Agencies") and a team of consultants to develop an innovative bioengineered streambank restoration project. Work within the creek requires permits from the Resource Agencies and the City of Carlsbad. The bioengineered solution will result in two benefits for the City of Carlsbad: (1) the Resource Agencies consider the slope protection system to be self- mitigating and therefore no off-site compensatory mitigation is required; and (2) the Resource Agencies will require a two-year maintenance period and a three-year monitoring period, rather than the traditional five-year maintenance and monitoring period for this type of project. This project, which is designed to accommodate the one hundred year rain event, includes the installation of a natural log retaining wall and a boulder lined spillway designed to slow flows. Boulder step pools within Agua Hedionda Creek are designed to restore the natural slope along the creek. Native riparian plantings will be installed within the entire work area. In addition to long term slope protection, the use of naturally occurring plants will protect water quality. Item #4 September 13, 2016 Page 1 of 6 Portions of the new system are located outside the drainage easement on private property and therefore city staff has been working with the property owner throughout this process. It is not feasible for the contractor and city staff to utilize the access easement off Palmer Way because of a steep slope. Access for the work will be off Sunny Creek Road through the private property. City staff has negotiated a Temporary Right of Entry Agreement with the property owner. To further protect the private property, the contract requires the storage of vehicles, equipment and materials not required for each day's operation in a temporary staging area off College Boulevard. Several studies and technical reports have been necessary to support the final design. The additional studies increased both project costs and lengthened the schedule for installation. Additionally several rain events increased the footprint of the impacted area beyond the project limits originally seeped. To prevent continued erosion of the slope and loss of property, and in close coordination with the Resource Agencies, the city installed temporary slope protection in January 2016. On May 3, 2016, City Council authorized the advertisement for bids for the Agua Hedionda Streambank Restoration Project. On June 21, 2016, a public bid opening was held. No bids were received for the project at the public bid opening. According to Public Contract Code section 22038(c) and Carlsbad Municipal Code section 3.28.080(G)(5L if no bids are received the project may be performed with a negotiated Contract. City staff met with two contractors and has negotiated a Contract with JEFCO Equipment Company to complete the project for $230,367. The second contractor, Planes, Boats and Automobiles, dropped out of the process. Fiscal Analysis The following table shows a breakdown of the project costs, including the current status of the funding source. The Engineer's Estimate of the construction cost for the project was $220,000. AGUA HEDIONDA STREAMBANK RESTORATION PROJECT NO. 6618 COST ESTIMATE Construction Contract $230,367 Construction Contingency $25,000 Construction Mgmt., Inspection, Special Inspection, Material Testing and $43,975 Biological Monitoring Costs associated with Landscape Maintenance and Monitoring for 3 years $56,500 TOTAL ESTIMATED CONSTRUCTION COSTS $355,842 Current Appropriation $596,700 Current Expenditures/Encumbrances $240,858 TOTAL AVAILABLE FOR PROJECT NO. 6618 $355,842 TOTAL ESTIMATED COSTS $355,842 Item #4 September 13, 2016 Page 2 of 6 Available funds have been previously appropriated from the Infrastructure Replacement Fund. The payment of prevailing wage is required. Next Steps Staff will schedule a pre-construction meeting with JEFCO Equipment Company and a Notice-to- Proceed will be issued. The duration of the Construction Contract is 45 working days, exclusive of rain days and Change Orders that may extend the Contract duration. Upon the successful completion of the project, staff will request that the Council accept the construction of the Agua Hedionda Streambank Restoration Project and direct the City Clerk to record a Notice of Completion and to release bonds. The city will then implement a separate contracting process for the work associated with the plant establishment period and the subsequent two-year maintenance period. Environmental Evaluation (CEQA) The project is exempt from the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15333(d)(SL stream or river bank stabilization with native vegetation or other bioengineering techniques, the primary purpose of which is to reduce or eliminate erosion and sedimentation. A Notice of Exemption was filed with the San Diego County Clerk on April 21, 2016. Climate Action Plan Consistency N/A Public Notification None required. Exhibits 1. Resolution awarding a Contract to JEFCO Equipment Company for the Agua Hedionda Streambank Restoration Project No.6618. 2. Location Map. Item #4 September 13, 2016 Page 3 of 6 RESOLUTION NO. 2016-184 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AWARDING A CONTRACT TO JEFCO EQUIPMENT COMPANY FOR THE AGUA HEDIONDA STREAM BANK RESTORATION, PROJECT NO. 6618 EXHIBIT 1 WHEREAS, the City Council of the City of Carlsbad, California has determined it necessary, desirable, and in the public interest to construct the Agua Hedionda Streambank Restoration, Project No.6618;and WHEREAS, On May 3, 2016, through the adoption of Resolution No. 2016-082 the Carlsbad City Council approved plans and specifications and authorized the City Clerk to advertise to receive bids for the Agua Hedionda Creek Storm Drain Outfall and Stream Bank Restoration, Project No 6618; and WHEREAS, on June 21, 2016, no bids were received; and WHEREAS, this project is exempt from California Environmental Quality Act (CEQA) review pursuant to CEQA Guidelines section 15333(d)(S) stream or river bank stabilization with native vegetation or other bioengineering techniques, the primary purpose of which is to reduce or eliminate erosion and sedimentation and a Notice of Exemption was filed with the San Diego County Clerk on April 21, 2016; and WHEREAS, Public Contract Code section 22038(c) and Carlsbad Municipal Code section 3.28.080(G)(S) state if no bids are received the project may be performed with a negotiated contract; and WHEREAS, staff met with two contractors that expressed an interest in the project and one of those contractors, by the name of Planes, Boats and Automobiles, dropped out of the process; and WHEREAS, staff negotiated a contract with JEFCO Equipment Company to complete the project for $230,367. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the bid in the amount of $230,367 submitted by JEFCO Equipment Company for the construction of Agua Hedionda Creek Streambank Restoration project is accepted and the Mayor is hereby authorized to execute a Contract with JEFCO Equipment Company, attached hereto as Attachment A. Item #4 September 13, 2016 Page 4 of 6 EXHIBIT 1 3. That the City Manager is hereby authorized to approve Construction Change Orders up to $25,000. 4. That the award of the Contract is contingent upon the contractor executing the required Contract and submitting the required bonds and insurance policies, as described in the Contract, within 20 days of adoption of this resolution. The City Manager may grant reasonable extensions of time. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 13th day of September, 2016, by the following vote, to wit: AYES: Wood, Schumacher, Blackburn, Packard. NOES: None. ABSENT: Hall. ~(.tttt.V ?n-nL- LORRAINE WOOD, Mayor Pro Tern yru.Jb~~ BARBARA ENGLESON, City Clerk (SEAL) Item #4 September 13, 2016 Page 5 of 6 CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS, GENERAL PROVISIONS, SUPPLEMENTAL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR AGUA HEDIONDA STREAMBANK RESTORATION PROJECT (COMAN) CONTRACT NO. 6618 . BID NO. PWS16-107TRAN l' •+' Revised 2/29/16 Contract No. 6618 Page 1 of 136 Pages TABLE OF CONTENTS NOTICE INVITING BIDS ................................................................................................................... 6 CONTRACTOR'S PROPOSAL ........................................................................................................ 11 BID SECURITY FORM .................................................................................................................... 18 BIDDER'S BOND TO ACCOMPANY PROPOSAL. .......................................................................... 19 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM .................... 21 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS .... 23 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE ......................................... 24 BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION ............ 25 BIDDER'S STATEMENT RE DEBARMENT ..................................................................................... 26 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD ..................................................................... 27 NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID ................................................................................................................... 29 CONTRACT PUBLIC WORKS ......................................................................................................... 30 LABOR AND MATERIALS BOND .................................................................................................... 36 FAITHFUL PERFORMANCE/WARRANTY BOND ........................................................................... 38 OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION ....... .40 GENERAL PROVISIONS SECTION 1-TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 TERMS .......................................................................................................................... 43 1-2 DEFINITIONS ................................................................................................................ 43 1-3 ABBREVIATIONS .......................................................................................................... 47 1-4 UNITS OF MEASURE .................................................................................................... 50 1-5 SYMBOLS ...................................................................................................................... 52 SECTION 2 -SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT ................................................................. 52 2-2 ASSIGNMENT ............................................................................................................... 52 2-3 SUBCONTRACTS ......................................................................................................... 52 2-4 CONTRACT BONDS ...................................................................................................... 53 2-5 PLANS AND SPECIFICATIONS .................................................................................... 55 2-6 WORK TO BE DONE ..................................................................................................... 58 2-7 SUBSURFACE DATA .................................................................................................... 59 2-8 RIGHT-OF-WAY ............................................................................................................ 60 l' •+' Revised 2/29/16 Contract No. 6618 Page 2 of 136 Pages 2-9 SURVEYING .................................................................................................................. 60 2-10 AUTHORITY OF BOARD AND ENGINEER. ............................................................... 64 2-11 INSPECTION .............................................................................................................. 65 SECTION 3-CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR ....................................................... 65 3-2 CHANGES INITIATED BY THE AGENCY ...................................................................... 66 3-3 EXTRA WORK ............................................................................................................... 67 3-4 CHANGED CONDITIONS .............................................................................................. 69 3-5 DISPUTED WORK ......................................................................................................... 71 SECTION 4-CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP .............................................................................. 74 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. ................................. 78 SECTION 5-UTILITIES 5-1 LOCATION ..................................................................................................................... 79 5-2 PROTECTION ................................................................................................................ 79 5-3 REMOVAL ..................................................................................................................... 80 5-4 RELOCATION ................................................................................................................ 80 5-5 DELAYS ......................................................................................................................... 81 5-6 COOPERATION ............................................................................................................. 81 SECTION 6-PROSECUTION, PROGRESS,_AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK ............................ 81 6-2 PROSECUTION OF WORK ........................................................................................... 82 6-3 SUSPENSION OF WORK .............................................................................................. 83 6-4 DEFAULT BY CONTRACTOR ....................................................................................... 83 6-6 DELAYS AND EXTENSIONS OF TIME ......................................................................... 84 6-7 TIME OF COMPLETION ................................................................................................ 85 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY ....................................................... 86 6-9 LIQUIDATED DAMAGES ............................................................................................... 86 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION ............................................... 87 SECTION 7-RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES ......................................................... 87 7-2 LABOR ........................................................................................................................... 87 7-3 LIABILITY INSURANCE ................................................................................................. 87 7-4 WORKERS' COMPENSATION INSURANCE ................................................................ 88 7-5 PERMITS ....................................................................................................................... 88 7-6 THE CONTRACTOR'S REPRESENTATIVE .................................................................. 88 7-7 COOPERATION AND COLLATERAL WORK ................................................................ 89 7-8 PROJECT SITE MAINTENANCE ................................................................................... 89 l' •f' Revised 2/29/16 Contract No. 6618 Page 3 of 136 Pages 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS ........................ 91 7-10 PUBLIC CONVENIENCE AND SAFETY .................................................................... 92 7-11 PATENT FEES OR ROYALTIES ................................................................................ 98 7-12 ADVERTISING ........................................................................................................... 98 7-13 LAWS TO BE OBSERVED ......................................................................................... 98 7-14 ANTITRUST CLAIMS ................................................................................................. 99 SECTION 8-FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL ...................................................................................................................... 99 SECTION 9 -MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK ...................................... 99 9-2 LUMP SUM WORK ...................................................................................................... 100 9-3 PAYMENT .................................................................................................................... 1 00 9-4 Bl D ITEMS ................................................................................................................... 1 03 SUPPLEMENTAL PROVISIONS SECTION 200 -ROCK MATERIALS 200-1 ROCK PRODUCTS ...................................................................................................... 111 SECTION 201-CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE ............................................................................. 113 SECTION 210-PAINT AND PROTECTIVE COATINGS 210-1 PAINT ....................................................................................................................... 114 SECTION 213-ENGINEERING GEOSYNTHETICS 213-5 GEOTEXTILES AND GEOGRIDS ............................................................................ 114 213-6 EROSION CONTROL SPECIALTIES ....................................................................... 115 SECTION 300 -EARTHWORK 300-1 300-2 300-5 300-11 300-12 300-13 CLEARING AND GRUBBING ................................................................................... 117 UNCLASSIFIED EXCAVATION ................................................................................ 117 BORROW EXCAVATION (ENGINEERED BACKFILL) ............................................. 118 STONEWORK FOR EROSION CONTROL. .......................................................... 119 ROCK SLOPE PROTECTION FABRIC ................................................................. 119 STORM WATER POLLUTION PREVENTION PLAN ............................................ 120 SECTION 314-TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS ..................................................................................................................................... 124 SECTION 602 -TEMPORARY TRAFFIC CONTROL DEVICES 602-1 TEMPORARY TRAFFIC PAVEMENT MARKERS .................................................... 125 602-2 TEMPORARY TRAFFIC SIGNING ........................................................................... 126 602-3 TEMPORARY RAILING (TYPE K) AND CRASH CUSHIONS ................................... 126 l' •f' Revised 2/29/16 Contract No. 6618 Page 4 of 136 Pages 602-4 MEASUREMENT AND PAYMENT ........................................................................... 128 PART 8 LANDSCAPE AND IRRIGATION ...................................................................................... 129 APPENDIXES AND TECHNICAL SPECIFICATIONS .................................................................... 136 ., f.., Revised 2/29/16 Contract No. 6618 Page 5 of 136 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS UNTIL 2:00PM ON TUESDAY, JUNE 21, 2016, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: construction BMPs, clear-water by-pass system, removal of grouted and ungrouted rip rap from the stream and slope, rehabilitation of the slope, installation of a bioengineered log crib wall, two rock step pools, rock storm drain outfall with stilling pool, landscape and irrigation in Agua Hedionda Creek. AGUA HEDIONDA CREEK STREAMBANK RESTORATION CONTRACT NO. 6618 BID NO. PWS16-107TRAN INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS All bid documents (Request for bids, contract documents, contract drawings, list of bidders, addenda and bid results) are available on the City of Carlsbad website-www.carlsbadca.gov under "Business" tab "Bids and Contracts". This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (1 0) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 1 0263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans, provisions, and specifications as approved by the City Council of the City of Carlsbad on file with the Public Works_Department. The specifications for the work include City of Carlsbad Technical Specifications and the Standard Specifications for Public Works Construction. Parts 2 & 3. current edition at time of bid opening and the supplements thereto as published by the "Greenbook" Committee of Public Works Standards. Inc., all hereinafter designated "SSPWC", as amended. Specification Reference is hereby made to the plans and specifications for full particulars and description of the work. The General Provisions (Part 1) to the SSPWC do not apply. The City of Carlsbad encourages the participation of minority and women-owned businesses. l'\ • ., Revised 2/29/16 Contract No. 6618 Page 6 of 136 Pages The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly executed including notarization, where indicated. 1. Contractor's Proposal 2. Bidder's Bond 3. Noncollusion Declaration 4. Designation of Subcontractor and Amount of Subcontractor's Bid 5. Bidder's Statement of Technical Ability and Experience including Reference Letters. 6. Acknowledgement of Addendum( a) 7. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 8. Bidder's Statement Re Debarment 9. Bidder's Disclosure of Discipline Record 10. Escrow Agreement for Security Deposits-(optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) ENGINEER'S ESTIMATE: All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is two hundred twenty thousand dollars ($220,000). TIME OF COMPLETION: The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. SPECIALTY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: A-General Engineering. ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 5% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of thirty dollars ($30) per set. If plans and specifications are to be mailed, the cost for postage should be added. l'\ ·~ Revised 2/29/16 Contract No. 6618 Page 7 of 136 Pages INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. REJECTION OF BIDS The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. PREVAILING WAGE TO BE PAID The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 41 04 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Prime Contractor and all subcontractors shall comply with Section 1776 of the Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. REFERENCE LETTERS A minimum of three (3) reference letters are required, written within the last year from the date of this Notice Inviting Bids. Each letter shall be on letterhead of the company providing it and signed by a current employee -preferably company project manager for restoration project. It shall discuss project(s) of a similar nature that involve streambank restoration with bioengineered streambank restoration and native planting in a live stream (earthen channel) which have been successfully implemented and include project superintendent or project manager responsible for implementation . . , f.tr Revised 2/29/16 Contract No. 6618 Page 8 of 136 Pages MANDATORY PRE BID MEETING A MANDATORY pre-bid meeting and tour of the project will be held at 5855 Sunny Creek Road on Thursday, June 2, 2016, at 2:00pm. Please be on time. Late arrivals will not be accepted. Three sites will be visited. A map will be provided to bidders at the first site. Plan on the site visit lasting 1 Y2 hours. Site 1: We will meet at College Blvd at Sunny Creek Road. Interested bidders will carpool to the project site. Plan on this site visit lasting 30 -45 minutes. Site 2: City of Carlsbad Fueling Yard. Location of 4 logs for the crib wall. Site 3: City of Carlsbad Tamarack Yard. Location of logs for crib wall. UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. BIDDER'S INQUIRIES Bidder's inquiries will be responded to if received by 4:00 pm, Tuesday, June 14, 2016. Bidder's inquiries are to be written and emailed to sherri.howard@carlsbadca.gov. ADDENDUMS Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. Addenda are available on the City of Carlsbad website -www.carlsbadca.gov under "Business" tab "Bids and Contracts". BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (1 00%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (1 00%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the General Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. l'\ •+i' Revised 2/29/16 Contract No. 6618 Page 9 of 136 Pages Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. BUSINESS LICENSE The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the City Council of the City of Carlsbad, Cali rnia, by Resolut" n No. 2016-082, adopted on the 3rd day of May, 2016. May 9, 2016 Date l'\ • ., Revised 2/29/16 Contract No. 6618 Page 10 of 136 Pages CITY OF CARLSBAD AGUA HEDIONDA CREEK STREAM BANK RESTORATION CONTRACT NO. 6618 City Council City of Carlsbad CONTRACTOR'S PROPOSAL 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 6618 in accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: Item Approximate Quantity And Unit No. Description 1 Mobilization (not to exceed 1 LS $10,000) at fi\1'\f. -\Av\_cU~CV\_~ Seve.<\ kvl\~~ t\c.\\~1., (Price in Words) 2 Preparation and 1 LS Implementation of a Tier 2 Storm Water Pollution Plan at v'\ ~II\ e. ·fuo v ~ 4 ~\':} "*' \\ v"' M-e b: ~o \\c.v s (Price in Words) 3 Clear-Water Creek By-Pass 1 LS at 4 ±el\ ~c v >a--.A ~.,-y_ 'v\"' "-~ ~ s~ v e.t\"nj s\o\\cx> (Price in Words) l' • ., Revised 2/29116 Contract No. 6618 Unit Price {Figures) Total Amount {Figures) $ q>/00 .. 00 $ \01 -;ID .oo Page 11 of 136 Pages Item No. Description Approximate Quantity And Unit 5 Remove and salvage existing 1 LS grouted Rip Rap at S\)<1 ~~ ...;~~C\ ..{OI.Jr hv0-~b ~~ 6ol\cvs (Price in Words) 6 Construct Boulder Steps at 2 EA ~\.r~ ~\) u~tAA.c\ S\~ bv.n~b dc.\\cv-~ (Price in Words) 7 Boulders for Steps at 70 TON s~ .~ ... s~ h...l'f. "'VI\~¢ ~.f:bj c\.oll(;IV~ (Price in Words) Unit Price (Figures) $. ____ _ $. ____ _ 8 Construct Log Crib Wall at 42 LF $ ____ _ -¥v\,r \v ~ -..N... ~-v~>. ~'\.!/ 'hw'\~ .fu,\r"h.f ~vt.. ck.l\~ (Price in Words) 9 Construct Fabric 1 LS Encapsulated Soil at ~*:'1 ~ ~ ... ·~t~ .&o->r 'v\.v-".~ ~~ ~ll~ (Price in Words) 10 Cribwall I Fabric 90 TON Encapsulated Soil Foundation Boulders at -\0. .\{'4~,_; s '~c\ ~Vi ~"~6 ~\l~ (Price in Words) 11 Engineered Backfill at 40 CY ~ ... r ~a~~~ ~c\\y_s (Price in Words) $. ____ _ $. ____ _ l' •,r Revised 2/29/16 Contract No. 6618 Total Amount (Figures) $ \~ 1 {oOO ,oo $ 1 sso .oo $ l...~,~W.Oo Page 12 of 136 Pages Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) 12 Cribwall Backfill at 70CY $ $ /.o 0 (.oO .00 C, \ ){ ~o u SG\A~ s\x:bt J de~~~ (Price in Words) 13 Cribwall Logs at 30 EA $ $ \3 ) L.S"O .Oc ~':~--~"~ j,g \tws (Price in Words) 14 Construct Stilling Pool at 1 LS $ \ '5' lo~O .oo ~ ~~ ¥\A<) \J SUv'\. ~ ' I s,x \c-.vl\.~b e.,\~~ dpl\,c_vs, (Price in Words)'- 15 Intentionally left blank NA $Not Applicable $Not Applicable (Price in Words) 16 Streambed Materials at 90CY $ $ (oOO<J .C() 2; ~ ¥\A~'-l~~~ ~~\o.rc;. (Price in Words) 17 Site Preparation for Planting 5,600 SF $ $ -z.. 1<'600 .'DO at i-wc ~~..2'\A~ e.\~"'-\- "hv"-~ ~\\,w-~. (Price in Words) 18 Planting-cuttings at 50 EA $ $ ~()0.00 t'\~t\..t. \.wA~ ~l\~ (Price in Words) '-' •;;' Revised 2/29/16 Contract No. 6618 Page 13 of 136 Pages Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) 19 Planting-Treepot 4 16 EA $ $ '5 (ot) .oc:. Containers at ~~ "'\}"~~ s_\'f,~ ~\\w~ (Price in Words) 20 Planting 1-gallon container 202 EA $ $ 2 I '1. ~ '1-.OO plants at .~NU_ .~..,<~ 4v-o 'v-...J""-~ b fu, "hf -\v-.o ~t~ (Price in Words) 21 Planting -Seeding at 5,600 SF $ $ '-1S'LO .Ov -~ ¥\.....ou·:..e~ ~ -..HL h_...,l\.~ +..N~ ~\lws (Price in Words) 22 Temporary Irrigation System 1 LS $S (g1-0 .0() at ~V't.. ~~~""""~ s\~ ~UI'~b ~b\_:bt ~\\~ (Price in Words) 23 Temporary Traffic Control at 1 LS $ 'l-<...1 (o~O .00 ~ s\~ ~ .... ~~~ s;,~ ~~ ~'-~-\-~ &\\.~ (Price in Words) 24 Unforeseen Conditions Not Stipulated $ 10 000 $ 10 000 Shown on Plans and as Not to Required by Engineer per Exceed General Provisions Section 3-3 at (Price in Words) 25 Record Drawings at 1 LS $ p (Price in Words) ll 'W~ Revised 2/29/16 Contract No. 6618 Page 14 of 136 Pages Total amount of bid in words: -\--w c hv " ~b. """""k-"\ ~o ...;; >o.D.4 ~:'K.. h.u"k.~ ~\~~ ~ ~\\ws Total amount of bid in numbers: J... ?:> o ''::> (q I . oo --~~~---------------------------------------- Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). proposal. NO! has/have been received and is/are included in this T The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of pe~ury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under licensi. numbjr 8 tD 1 0 1 '"\ , classification 1\ which expires on I\ ~o , 2-0 \ 1 , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is ___________________ (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. l'\ • ., Revised 2/29/16 Contract No. 6618 Page 15 of 136 Pages :heck A License -License Detail Page 1 of Contractor's License Detail for License # 867079 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. his license is current and active. Business Information JEFCO EQUIPMENT CO P 0 BOX 460004 ESCONDIDO, CA 92046 Business Phone Number:(760) 480-1626 Entity Sole Ownership Issue Date 11/05/2005 Expire Date 11/30/2017 License Status Classifications Bonding Information Contractor's Bond ~~~~~:~eb:~d ~~~3~~~~~t~r;s8oi1Ci-;iit1AMERIEANC'C5Nl-RACT0Rs INDE:iVi-NirvcoMPAN-v~~-~-~~~-~-~--~~~--~-~-1 k3ond Amount: $15,000 _I ~;;~:;;~s~~~~D~~~~1/_2_o,_1 __ 6 ________________ ~----~~-------------, Workers' Compensation his license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND olicy Number:9037125 ffective Date: 01/01/2013 xpire Date: 01/01/2017 o.~ker~~ g_ompen~-CI~£~!::l!~tQry""~~~---·----------,.. .. .... ·--·~~~-~-.. ,, .. ,,, .. __________ --__ ttps:/ /www2.cslb.ca.gov/OnlineServices/CheckLicenseii/LicenseDetail.aspx?LicNum=8670... 8/29/201 California Department of Industrial Relations -Contact DIR Page 1 of 1 Press Room 1 Contact DIR 1 CA gov Go to Search Public Works Public Works Contractor (PWC) Registration Search This is a listing of current and active PWC registrations pursuant to Division 2, Part 7, Chapter 1 (commencing with section 1720 of the California Labor Code.) Enter at least one search criteria to display active registered public works contractor(s) matching your selections. Registration Year: Fiscal Year: 2016/17 PWC Registration Number: Contractor Legal Name: I example: ABC COMPANY Contractor License Lookup License Number: I example: 123456 County: [select County Search Search Results One registered contractor found. Details Legal Name View JEFFREY J. EIDE About DIR Who we are DIR DivisiOns, Boards & Comm·lssions Contact DIR Reset Registration County Number 1000042099 SAN DIEGO Work with Us Licensing, registrations, certifications & permtts Notification of activies Public Records Act Export as: Excel I PDF City Registration Expiration Date Date ESCONDIDO 08/30/2016 06/30/2017 v2 .20160101 Learn More Site Map Frequently Asked Questions Jobs at DIR Cond1t1ons of Use Privacy Policy Disclaimer Disability accomrnodat1on Site Help Copyright© 2015 State of California https://efiling.dir.ca.gov/PWCR/Search.action 9/6/2016 The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted --:S"e-t(o £~u.\~'"'4 (r>· !}LA.~ (2) Signature (given and surname) of proprietor --~~<F--1ff-L----I'---\.(j:.,__ _________ _ (3) Place of Business ~2l8' ~\J o~ \C. lr& C 1 ·h (Street and Number) City and State t=. "';) ( -o 'H "' • C -4 # (4) Zip Code _G\__:_:l.J:;::._t>_{......:...\o ____ Telephone No. 1(co-S'b)-l fp l,b (5) E-Mail ~~C.\( \J? St> 11 (? I)\( S N .. (\, ~ IF A PARTNERSHIP, SIGN HERE: (1) Name under which business is conducted __________________ _ (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business--------------------------- (Street and Number) City and State---------------------------- (4) Zip Code ________ Telephone No.---------------- (5) E-Mail ___________________________ _ l'\ • .., Revised 2/29/16 Contract No. 6618 Page 16 of 136 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA } County of San Diego On S E P 0 6 2016 before me, Gregory P. Minium ----~~~D-ate__________ -----ln-se-rt~N~a-~=o~f~No~ta-~-e-x-ac~t~-a-s-it-ap-~_a_ffi_o_n-th-e~off~ic~ia~ls-ea-1---, Notary Public, personally appeared Jeffrey Eide ----~-----------------------.N~am~e7-(s~)o~f~SI=gn~eJr(s~)---------------------------- ~···c····na· ··naeea·anen· • GREGORY P. MINiuMI i COMM. #2161817 fi NOTARY PUBl.JC.CAIJFOA -I SAN DIEGO COUNTY I My Comm. EllpRIAugu111,-.......................... , Place Nota~ Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person{s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Wdness my~--?~ Signature ~~ - Sig;;aur:e of Nota~ Pt.i OPTIONAL--------------------- Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Bond No. 893922P I ( 6 /'J rfL.k c r I Document Date: 09/06/16 --------------------------------------Number of Pages: ________________ __ Signer(s) Other Than Named Above: ------------------------------------------------------- Capacity(ies) Claimed by Signer(s) Signer's Name: _J_e_ff_re--"y_E __ id_e ________________ _ ~ Individual D Corporate Officer--Title(s): ________________ _ D Partner D Limited D General 0 Attorney in Fact 0 Trustee D Guardian or Conservator 0 Other: ______________ _ Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: --------------------------- 0 Individual D Corporate Officer --Title{s): ________________ _ 0 Partner D Limited D General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: ______________ _ Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted------------------- (2) ____________________________________________________ ___ (Signature) (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of------------------ (4) Place of Business--------------------------- (Street and Number) City and State---------------------------- (5) Zip Code--------Telephone No.--------------- (6) E-Mail ___________________________ _ NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: {'\ •+' Revised 2/29/16 Contract No. 6618 Page 17 of 136 Pages BID SECURITY FORM (Check to Accompany Bid) AGUA HEDIONDA CREEK STREAMBANK RESTORATION CONTRACT NO. 6618 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of------------------------ -------------:-----------dollars($ , this amount being ten percent (1 0%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. BIDDER *Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed--the sum of this bond shall be not less than ten percent ( 1 0%) of the total amount of the bid.) l'\ ·~ Revised 2/29/16 Contract No. 6618 Page 18 of 136 Pages BIDDER'S BOND TO ACCOMPANY PROPOSAL AGUA HEDIONDA CREEK STREAMBANK RESTORATION CONTRACT NO. 6618 KNOW ALL PERSONS BY THESE PRESENTS: That we, , as Principal, and , as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: AGUA HEDIONDA CREEK STREAMBANK RESTORATION CONTRACT NO. 6618 in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. l'\ •+' Revised 2/29/16 Contract No. 6618 Page 19 of 136 Pages Executed by PRINCIPAL this ____ day of _________ ., 20 __ . PRINCIPAL: Executed by SURETY this _____ day (name of Principal) of _________ , 20 __ . By: _____________ _ (sign here) SURETY: (print name here) (name of Surety) (Title and Organization of Signatory) (address of Surety) By: _______________ _ (sign here) (telephone number of Surety) By: ________________ _ (print name here) (signature of Attorney-in-Fact) (title and organization of signatory) {printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A BREWER City Attorney By: ____________________ _ Deputy City Attorney ., ~ Revised 2/29/16 Contract No. 6618 Page 20 of 136 Pages GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, "Bid", "Bidder'', "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Own Organization", "Subcontractor'', and 'Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be performed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%} of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%} or ten thousand dollars ($10,000} whichever is greater. Said name(s} and location(s} of business of subcontractor(s} shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information mav result in rejection of the bid as non-responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor-installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 1 00 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%} of the work with its own forces. Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final. Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. (\ •+' Revised 2/29/16 Contract No. 6618 Page 21 of 136 Pages Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. '-' •+' Revised 2/29/16 Contract No. 6618 Page 22 of 136 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR•s BID ITEMS (To Accompany Proposal) AGUA HEDIONDA CREEK STREAMBANK RESTORATION CONTRACT NO. 6618 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 41 00 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($1 0,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS DIR Subcontractor's AmountofWork Portion of Work Subcontractor Name and Registratic;m License No. and by Location of Business Number Classification Subcontractor in Dollars* ~--· 77/'J-~ ·.LlLh:::t-'-1[/1,fft'.d'v /()1)(1{?// C:Y~ ,, 7~ c~·_.-~() ;$It' cJ/;;, C'() ?71'8/9 <.-.:;lc; (, / }.J H. L,./{...:_~J C-x7 ,j o <V<JI ,...;~-/ ~~ ·"/>/.?)> 2.:~.; lc? A c.JurY:}--'} ~(.\.,. (.~~ (_ .;;,. .AIIu;."'"'-~~~_£_<.. s~\~'"l I ~x4 \\ ~ \\ 1., l"t.O_.oc_~ ~ ~ 5W4.1UI'..-;::: 'Z.'bS" -~c.. w f\eJL <:*. J (elL""-~-""\.~ -:,v;'l-(. A ~ MevtoS '1 U1: f.tu:,~c""" \)·\c.. Mo "-6 t AV..-~1\ l'· .-.4, .\ lOCOOto1o1. \ t..1.. ~s-o:, ~ 1, I \l.:it, • ~ ~tit ls.uV,(..(V) 'bo1 e. M. \~5. ~QI'\ ~~- I~ fvW-<..0~ J.A 'IL.Ct,.,l.\ -\«...~· L Co-·v~\ I\ ~t.:"'.. ~\""~ ~~~ s\ ~ 1\ l. 4 2.0 CQ ISU...: ~ ('.q_'>~£..~),.. L~ \ Co . '\"ll\1 0 \Sor \)r q\...,\-e':> Is""" o ~ c.L..c. r A '\ 2.. \ ?~ \ v Page _)__ of _L pages of this Subcontractor Designation form • Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." {'\ • .., Revised 2/29/16 Contract No. 6618 Page 23 of 136 Pages :heck A License -License Detail Page 1 of Contractor's License Detail for License # 672030 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. tfhis license is current and active. IAII information below should be reviewed. -LANDSCAPING Business Information HABITAT WEST INC 2067 WINERIDGE PLACE STE B ESCONDIDO, CA 92029-1920 Business Phone Number:(760) 735-9378 Entity Corporation Issue Date 05/27/1993 Reissue Date 08/04/1998 Expire Date 08/31/2018 License Status Classifications Bonding Information Contractor's Bond ""~~"~"""""""""""""" """"""" """ ~"-~~""""~~""""""""""""" his license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY. ond Number: SC6338316 ond Amount: $15,000 ffective Date: 01/01/2016 Bond of Qualifying Individual ffile qualifYingindividuai GEORGIA LESLiE" HURST certified that he/sheowns 1 OpercenCor more of the voting stocklmem"bership Interest of this company; therefore, the Bond of Qualifying Individual is not required. !Effective Date: 08/04/1998 Workers' Compensation ffhis license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND policy Number:9128526 Effective Date: 04/01/2015 jExpire Date: 04/01/2017 ~?r~~_r-:;'g_?!:"2ensati~r:!J:J"i"!:)t9~, """""""""""""""" """""""""" ,,,~ o •• Miscellaneous Information 08/04/1998-LICENSE REISSUED TO ANOTHER ENTITY ttps :/ /www2.cslb.ca. gov /OnlineServices/CheckLicenseii/LicenseDetail.aspx?LicNum =6 720... 8/29/20 1· California Department of Industrial Relations -Contact DIR Page 1 of 1 Press Room I Contact DIR I CA gov Go to Search Public Works Public Works Contractor (PWC) Registration Search This is a listing of current and active PWC registrations pursuant to Division 2. Part 7, Chapter 1 (commencing with section 1720 of the California Labor Code.) Enter at least one search criteria to display active registered public works contractor(s) matching your selections. Registration Year: Fiscal Year: 2016/17 PWC Registration Number: Contractor Legal Name: Contractor License Lookup License Number: County: ~-----~ Select County ··-~ Search Reset Search Results One registered contractor found. Details Legal Name Registration County Number View HABITAT WEST, INC 1000011043 SAN DIEGO About DIR Work with Us Who we are DIR Div1sions, Boards & Commissions Contact DIR L!Censmg, registrot1ons, certifications & permits Notification of activies Public Records Act Export as: Excel I PDF City Registration Expiration Date Date ESCONDIDO 06/27/2016 06/30/2017 v2.201601 01 Learn More S1te Map Frequently Asked Questions Jobs at DIR Conditions of Use Privacy Policy Disclaimer Disability accommodation Site Help Copyright© 2015 State of California https://efiling.dir.ca.gov/PWCR/Search.action 8/29/2016 :heck A License -License Detail Page 1 of Contractor's License Detail for License # 884113 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. license is current and active. information below should be reviewed. .. -~---~~···-~-~~-~~~~~-~- Business Information CANNON PACIFIC SERVICES INC 285 PAWNEE STREET SUITE A SAN MARCOS, CA 92078 Business Phone Number:(760) 471-9003 Entity Corporation Issue Date 09/13/2006 Expire Date 09/30/2016 License Status Classifications B-GENERAL BUILDING CONTRACTOR~--·---~"'"'"' . Bonding Information Contractor's Bond ffilis lice-nse~fiiedaC~ontractor's Bond with,PLATTER,IVERI'i\.i"suRANEE"'CoMPANY:""-"'"''''' !Bond Number: 41075880 lsond Amount: $15,000 Effective Date: 01/01/2016 Contractor's B()~t:!!::li~~()ry Bond of Qualifying Individual :The qualifying individual LEE,E-UGEN~EMil"LER certified thathe75'fle owns 10 percent or more the voting stock/membership Interest of this company; therefore, the Bond of Qualifying Individual is not required. !Effective Date: 07/27/2007 Workers' Compensation [fhis license has workers compensation insurance with the SECURITY NATIONAL INSURANCE COMPANY folicy Number:SWC1106675 jEffective Date: 04/01/2016 ~xpire Date: 04/01/2017 Wor~E:lr~· Q~lllpensati"'()~ ~i~t()ry ttps://www2.cslb.ca.gov/OnlineServices/CheckLicenseii/LicenseDetail.aspx?LicNum=8841... 8/29/20 1· California Department of Industrial Relations -Contact DIR Page 1 of 1 Press Room 1 Contact DIR I CAgov Go to Search -~ ... ~-ldttlt•HMIIIl ........ ~ ----.... ----.... Publrc Works Public Works Contractor (PWC) Registration Search This is a listing of current and active PWC registrations pursuant to Division 2, Part 7, Chapter 1 (commencing with section 1720 of the California Labor Code.) Enter at least one search criteria to display active registered public works contractor(s) matching your selections. Registration Year: Fiscal Year: 2016/17 PWC Registration Number: ~1~~0.~?~~-~-~-M•••••••••••••••••••• ''''''''''] Contractor Legal Name: I example: ABC COMPANY Contractor License Lookup License Number: I example: 123456 I County: [select County [~] Search Search Results One registered contractor found. Details Legal Name View CANNON PACIFIC SERVICES, INC. About DIR Who we are DIR Divisions, Boards & Commissions Contact DIR Work with Us Reset Registration County Number 1000002025 SAN DIEGO Licensing, registrations, certifications & permits Notificatron of activtes Public Records Act Export as· Excel I PDF City Registration Expiration Date Date SAN MARCOS 08/29/2016 06/30/2017 v2.20160101 Learn More Srte Map Frequently Asked Questions Jobs at DIR Condtttons of Use Privacy Poltcy Disclaimer Disability accommodation Site Help Copyright© 2015 State of California https :/I efiling.dir .ca.gov /PW CR/Search. action 8/29/2016 California Department of Industrial Relations -Contact DIR Page 1 of 1 Press Room I Contact DIR I CA gov Go to Search Public Works Public Works Contractor (PWC) Registration Search This is a listing of current and active PWC registrations pursuant to Division 2, Part 7, Chapter 1 (commencing with section 1720 of the California Labor Code.) Enter at least one search criteria to display active registered public works contractor(s) matching your selections. Registration Year: ~~~~~0:~~~~~~~3 PWC Registration Number: L<:~.~~~le:_~22~~~.!S.~~--··J Contractor Legal Name: !diamond environmental Contractor Ltcense Lookup License Number: County: !select County Search Search Results One registered contractor found. Details Legal Name Vtew DIAMOND ENVIRONMENTAL SERVICES, LP About DIR Who we are DIR Divisions, Boards & Commissions Contact DIR Work with Us Reset Registration County Number 1000010702 SAN DIEGO Licenstng, registrattons, certifications & permits Nottficatton of activies Public Records Act Export as: Excel I PDF City Registration Expiration Date Date SAN MARCOS 05/06/2016 06/30/2017 v2.201601 01 Learn More Stte Map Frequently Asked Questions Jobs at DIR Conditions of Use Privacy Policy Disclaimer Disability accommodation Site Help Copyright© 2015 State of California https://efiling.dir.ca.gov/PWCR/Search.action 8/29/2016 :heck A License -License Detail Page 1 of Contractor's License Detail for License # 787313 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. license is current and active. information below should be reviewed. C-61 I D42-SIGN INSTALLATION Business Information TRENCH PLATE RENTAL CO DBA T P R TRAFFIC SOLUTIONS 13217 LAURELDALE AVE DOWNEY, CA 90242 Business Phone Number:(888) 833-3777 Entity Corporation Issue Date 11/13/2000 Expire Date 11/30/2016 License Status Classifications C31 -CONSTRUCTION ZONE TRAFFIC CONTROL Bonding Information Contractor's Bond ifhis license filed a-Contractor's Bond with AMERICAN CONTRACTORS-iNDEMNiTY COMPANY. IBond Number: 120942 Bond Amount: $15,000 jEffective Date: 01/01/2016 !contractor's Bond Histor Bond of Qualifying Individual lft1is license filed Bond of Qualifying Individual number 120943 for CHRISTOPHER MARK MUSSER in the amount of IA.MERICAN CONTRACTORS INDEMNITY COMPANY. !Effective Date: 01/01/2007 iBQI's Bor1d History Workers' Compensation iT""''''"""''~------··-·-·--------·-·~------·-·--·····················-······------·--···--·--------·--·---· --------·--------------------------------·--'""""'"'"'''~·--·----------------·-"""' .................. .. I' his license has workers compensation insurance with the ZURICH AMERICAN INSURANCE COMPANY policy Number:WC48928780 !Effective Date: 02/01/2012 -=xpire Date: 02/01/2017 ·······-----~ I I ~C>~~~~s.· .. C::<:>llle~!:l!><:J.!i<:>l! l::lis.~<:>r.-x. """"""""'"'''"~-"""""''''-""""""' ____ .............. J ttps:/ /www2.cslb.ca.gov/OnlineServices/CheckLicensell/LicenseDetail.aspx?LicNum=7873 ... 8/29/20 1· California Department of Industrial Relations -Contact DIR Page 1 of 1 Press Room 1 Contact DIR I CA gov Go to Search -....... ~ . ....., .. ~ -~ ... _ ....... -...... ---.... Public Works Public Works Contractor (PWC) Registration Search This is a listing of current and active PWC registrations pursuant to Division 2, Part 7, Chapter 1 (commencing with section 1720 of the California Labor Code.) Enter at least one search criteria to display active registered public works contractor(s) matching your selections. Registration Year: Fiscal Year: 2016/17 PWC Registration Number: Contractor Legal Name: ~~e:x:a:m:p:le:::A:B:C=C:O:M:P:A:N:Y=; ________ j Contractor Lie en se Lookup License Number: County: Search Results One registered contractor found. Details Legal Name Search Reset Registration County Number Export as: Excel I PDF City Registration Expiration Date Date View TRENCH PLATE RENTAL CO 1000000412 LOS ANGELES COMMERCE 06/21/2016 06/30/2017 About DIR Who we are DIR Divisions, Boards & Commissions Contact DIR Work with Us Licensing, registrations, certifications & permits Notification of activies Public Records Act v2.201601 01 Learn More S1te Map Frequently Asked Questions Jobs at DIR Conditions of Use Privacy Policy Disclaimer Disability accommodation Site Help Copyright© 2015 State of California https://efiling.dir.ca.gov/PWCR/Search.action 8/29/2016 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) AGUA HEDIONDA CREEK STREAMBANK RESTORATION CONTRACT NO. 6618 The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. The Bidder is required to include the Reference letters requested in Notice Inviting Bids. A minimum of three (3) reference letters are required, written within the last year from the date of this Notice Inviting Bids. Each letter shall be on letterhead of the company providing it and signed by a current employee-preferably company project manager for restoration project. It shall discuss project(s) of a similar nature that involve streambank restoration with bioengineered streambank restoration and native planting in a live stream (earthen channel) which have been successfully implemented and include project superintendent or project manager responsible for implementation. Date Amount Contract Name and Address Name and Phone No. of Completed of the Employer of Person to Type of Work Contract Contract \pn\t .,.,_ht_ ~~~\-"vee,~ . II'\ c. . \\o.b~~ we* ,:rj\u. {~""' ~p~--~ \ '" Lo\L z..o(ol w:,.'\{.r\d>~ ~l. 6-,~i -1\-vr-::.-\--~v'-l't! "'\ \(oO 33b .(:(: Sk.f:> €.)0>/\~-~., ""-:l h t:.()") -r7s--9 ~lR C \t<LO \A ..l~.l,-- CA '\7n-z...'\ I Ie:nrv~ \-\a..\.~~{-t.v't$\ -:t:Ac..' ~\.~\ W es:,t~ :ct\L ~M.O'\_y Gvra.g 'I l.,oog ~ \.Q 1 w~.-..Q.,1'.: ~ n. bJ\ Got·, \1-vs-s.\-M.~~~ """~ 0'"""\ 111/ 54\.ct 7¥!...~ 6S~->::Z.&,}o ( lCic} 1~~ -'i ~-l rg &c._~_A~ .... (/\. '\ 1.-0 1...'\ -.J Oc..,\-o~. ~e.,c.c. ., ~(.£."\. \} ~"' \ PQt.\ ; {p8tJ,._a. lk 1Al "'-\C\ 1..1 f~~ (l.v-e._. ROVJ ~ \ I\+\ 1.<.. ~'\~ I~ D~~o LA (blcU'"""18 l-'i18~ ...) "'1.1 0.1 ::1 . .'-z, ~ & ~ l' •f' Revised 2/29116 Contract No. 6618 Page 24 of 136 Pages BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) AGUA HEDIONDA CREEK STREAMBANK RESTORATION CONTRACT NO. 6618 As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: 0 Comprehensive General Liability 0 Automobile Liability D Workers Compensation D Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. l'\ •+' Revised 2/29116 Contract No. 6618 Page 25 of 136 Pages I ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/YYYY) \,.......-" 09/07/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMAllON ONLY AND CONFERS NO RIGHTS UPON THE CERllFICATE HOLDER. THIS CERllFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERllFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTAllVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDillONAL INSURED, the policy(ies) must be endorsed. If SUBROGAllON IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rtghts to the certificate holder In lieu of such endorsement(s). PRODUCER ~~~~CT Lawrence E Potter Strachota Insurance Agency, Inc. -Temec W8~o Extl: I FAX 27710 Jefferson Ave., See. 100 (951) 676-2229 iA1C No): (951) 676-7391 E-MAIL lea®strachota.co Temecula CA 92590 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURERA: Financial Pacific Insurance Co 31453 INSURED (760) 505-1626 INSURERS: Jefco Equipment Co. INSURERC: PO Box 460004 INSURERD: Escondido CA 92046 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER· Cere ID 4260 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE JNSD W\10_ LTR POLICY NUMBER ~:~lclgM~~~ t&~ltlgy,fify, LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 1-----:=J CLAIMS-MADE 0 OCCUR ~~C~~~?E~~~tr?ence) r--y 60429817 05/24/2016 05/24/2017 $ 100,000 1----MED EXP (Any one per,;on) $ 5,000 PERSONAL & ADV INJURY 1-----$ 1,000,000 GEN'L AGGREGATE LIM IT APPLIES PER GENERAL AGGREGATE $ 2,000,000 Pl DPRO DLOC PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY JECT OTHER $ AUTOMOBILE LIABILITY ITOMBINED, SINGLE LIMIT $ 1-----Ea accident) ----- ANY AUTO BODILY INJURY (Per person) $ 1-----ALL 0\1\iNED ,-SCHEDULED AUTOS AUTOS BODILY INJURY (Per acc1dent) $ 1----1----NON-0\1\iNED ~ROPERTY DAMAGE HIRED AUTOS AUTOS Per acc1dent'l $ r--1----$ A UMBRELLA LIAB M OCCUR 60429817 05/24/2016 05/24/2017 EACH OCCURRENCE $ 1,000,000 1----- X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 OED I J RETENTION $ $ WORKERS COMPENSATION I PER I I OTH- AND EMPLOYERS' LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE 0 E L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E L. DISEASE-E.A. EMPLOYEE $ If yes, de sen be under DESCRIPTION OF OPERATIONS below E L DISEASE-POL ICY LIM IT $ $ $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder is named as an additional insured as respects eo general liability per attached endorsement CG2010R1211. CERTIFICATE HOLDER City of Carlsbad 635 Faraday Ave. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE Willi THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE I Carlsbad r-92008 @ 1988-2014 ACORD CORPORAllON. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Page 1 of 1 POLICY NUMBER: 60429817 CG 20 1 OR 12 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS (WITH LIMITED COMPLETED OPERATIONS COVERAGE) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART BUSINESSOWNERS COVERAGE FORM SCHEDULE NAME OF PERSON OR ORGANIZATION Any person or organization to whom or to which the named insured is obligated by a virtue of a written contract to provide insurance that is afforded by this policy. Where required by contract, the officers, officials, employees, directors, subsidiaries, partners, successors, parents, divisions, architects, surveyors and engineers are included as additional insureds. All other entities, including but not limited to agents, volunteers, servants, members and partnerships are included as additional insureds, if required by contract, only when acting within the course and scope of their duties controlled and supervised by the primary (first) addrtional insured. If an Owner Controlled Insurance Program is involved, the coverage applies to off~ site operations only. If the purpose of this endorsement is for bid purposes only, then no coverage applies. WHO IS AN INSURED: (Section II) This section is amended to include as an insured the person or organization within the scope of the qualiMno lanouaoe above, but only to the extent that the person or organization is held liable for your acts or omissions in the course of "your work~ for that person or OJyaniLaliUII IJy Ul rur yuu. Tt·re "iJrudw.;ts~ completed operations hazard" portion of the policy coverage as respects the additional insured does not apply to any work involving or related to properties intended for residential or habitational occupancy (other than apartments). This clause does not affect the "products- completed operations" coverage provided to tne named insured(s). WAIVER OF SUBROGATION: We waive any right of recovery, when required by written contract, that we may have against the person or organization within the scope of CG 20 lOR 1211 the qualifying language above because of payments we make for injury. LOCATION OF JOB: The Job location must be within the State of domicile of the named insured, or within any contiguous State thereto. DESCRIPTION OF WORK: The type of work performed must be that as described under classifications in the CGL Coverage Part Declarations. PRIMARY CLAUSE: When this endorsement applies and when required by written contract, such insurance as is afforded by the general liability policy is primary insurance and other insurance shall be excess and shall not contribute to the insurance afforded by this endorsement EXCLUSION This insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" <:ubiny uut ur i:ill i:itCllilecl's, t:myineer's 01 surveyor's rendering or failure to render any professional services, including: 1. The preparing. approving, or failing to prepare or approve, maps, designs. shop drawings, opinions, reports. surveys, field orders, change orders, or drawings anct specifications; and 2. Supervisory, inspection, architectural or engineering activities. Endorsement EFFECTIVE DATE: SEE DEC Endorsement EXPIRATION DATE: SEE DEC Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission STATE COMPENSATION INSUI'IANCE FUND ISSUE DATE: 09-06-2016 CITY OF CARLSBAD ATTN: RHONDA HEATHER 1635 FARADAY AVE CARLSBAD CA 92008-7314 CERTHOLDER COPY P.O. BOX 8192, PLEASANTON, CA 94588 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE GROUP: POLICY NUMBER: 9037125-2016 CERTIFICATE 10: 31 CERTIFICATE EXPIRES: 01-01-2017 01-01-2016/01-01-2017 SP This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer. We will also give you 10 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. ~tl-f2_/ IL~ .Jl~ Authorized Representative President and CEO UNLESS INDICATED OTHERWISE BY ENDORSEMENT, COVERAGE UNDER THIS POLICY EXCLUDES THE FOLLOWING: THOSE NAMED IN THE POLICY DECLARATIONS AS AN INDIVIDUAL EMPLOYER OR A HUSBAND AND WIFE EMPLOYER; EMPLOYEES COVERED ON A COMPREHENSIVE PERSONAL LIABILITY INSURANCE POLICY ALSO AFFORDING CALIFORNIA WORKERS' COMPENSATION BENEFITS; EMPLOYEES EXCLUDED UNDER CALIFORNIA WORKERS' COMPENSATION LAW. EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2016-09-06 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF CARLSBAD EMPLOYER iDE, JEFFREY JOEL AND EIDE, SHERRY LYNN DBA: JEFCO EQUIPMENT RENTAL PO BOX 460004 ESCONDIDO CA 92046 REV.7-2014) (B01,CN] PRINTED 09-06-2016 SP Certificate Holder JEFFREY J EIDE ALL DISCOUNT INS 29280 CENTRAL AVE #J LAKE ELSINORE, CA 92532 1-951-245-9777 Certificate of Insurance Insured JEFFREY J EIDE PROGREIIIVE' COMMERCIAL Policy number: 02946579-0 Underwritten by: Agent UNITED FINANCIAL CASUALTY COMPANY September 14, 2016 Page 1 of 1 ..................... .. ...................... . ALL DISCOUNT INS 3218 OLD OAK TREE LN ESCONDIDO, CA 92026 JEFCO EQUIPMENT 3218 OLD OAK TREE LN ESCONDIDO, CA 92026 29280 CENTRAL AVE #J LAKE ELSINORE, CA 92532 This document certifies that insurance policies identified below have been issued by the designated insurer to the insured named above for the period(s) indicated. This Certificate is issued for information purposes only. It confers no rights upon the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies listed below. The coverages afforded by the policies listed below are subject to all the terms, exclusions, limitations, endorsements, and conditions of these policies. .................. ....................... ............. ...... .................. .. ................................................ . Policy Effective Date: Mar 24, 2016 Policy Expiration Date: Mar 24, 2017 Insurance coverage(s) Limits ························· ............................................................... BODILY INJURY/PROPER1Y DAMAGE $2,000,000 COMBINED SINGLE LIMIT Description of LocationNehicles/Special Items ~~~fi!d.~.le~ .<Jllt.o.s ()"IY. ................................. . 2016 PTRB 348 2NP3XJOX9GM325702 COMPREHENSIVE COLLISION ........ .. ............. . ......... .. 19901NTL490 1HTSDZ7NXLH272129 .............................................. $500 DED $500 DED 1984 FORD CONVENTIONAL LN 1 FDXR80U4EV A49679 Certificate number 25816NET579 Form 5241 (1 0/02) .. ......................................................... . Stated Amount $150,000 9/14/16 Company Profile t... CALIFORNIA • DEPARTMENT OF INSURANCE Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information Old Company Names Agent For Service PROGRESSIVE CASUALTY INSURANCE COMPANY 6300 WILSON MILLS ROAD MAYFIELD VILLAGE, OH 44143 Effective Date If you are unable to locate the agent for service of process, please call the CA Department of Insurance at (916) 492-3657. Reference Information I NAIC #: 1124260 I -~====================~ IE~~~·;u '-V 'f'U~~I~== mmm m mmmmomJl~02~-~mmmO OOOmmmOOOO ml I Date Authorized in Ca~~r.~rnia: lr[:=2=/=2=9=/=19=7=0=======c::;ll Gicense Status: ___ j[~NLIMITED-NORMAL I I Company Type: II Property & Casualty I I State of Domicile: back to top NAIC Group list NAIC Group#: 0155 PROGRESSIVE GRP lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. back to top AUTOMOBILE BURGLARY COMMON CARRIER LIABILITY DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY https://interacti~.e.~~~.eb.insurance.ca.gov/companyprofile/companyprofile?e>ent=companyProfile&doFunction=getCompanyProfile&eid=5766 1/2 9/14/16 Company Profile © 2008 California Department of Insurance https://interacti-.e.>Aeb.insurance.ca.gov/companyprofile/companyprofile?e-.ent=compan]f'rofile&doFunction=getCompanyf'rofile&eid=5766 212 Progressive Casualty Insurance Company -Company Profile -Best's Credi... Page 1 of 3 A.M. Best Rating Services (http://www.ambest.com) Rating Search: Search Advanced Search ISearch.aspx?URating ld=214 7663&bi=O&AitSrc= 1 &PPP=&AitNu m=O&Ext User=& Ext Misc=&Portai=O&Site=) Ill Print this page Progressive Casualty Insurance Company (1 (http://www.ambest.com/help/ratingscenter/index.htm#Company Profile.htm)) A.M. Best#: 002407 NAIC #: 24260 FEIN#: 346513736 Mailing Address P 0. Box 89490 Cleveland, OH 44101-6490 United States View Additional Address Information,.~~~ ~'~ (http://www3.ambest.com/ratings/cr/reports/unitedstates.pdf) Web: www.progressive.com (http://www.progressive.com) Phone: 440-461-5000 Fax: 440-603-5500 (http://www. am best. com/ratings/icon/about. asp) Assigned to insurance companies that have, in our opinion, a superior ability to meet their ongoing insurance obligations. Based on A.M. Best's analysis, 058454-Progressive Corporation (CompanyProfile.aspx? ambnum=58454&URatingld=2147663&bi=O&AitSrc=1 &PPP=&AitNum=O&Ext User=& Ext Misc=&Portai=O&Site=l is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of operating insurance entities (SearchResults.aspx? URatingld=2147663&bi=O&AitSrc=1&PPP=&AitNum=O&Ext User=&Ext Misc=&Portai=O&Site=&amblst=58454&conumtype=5) in this structure. Best's Credit Ratings Financial Strength Rating View Definition (http://www.ambest.com/ratings/guide.asp) Rating: Affiliation Code: A+ (Superior) p (Pooled) Financial Size Category: XV ($2 Billion or greater) Outlook: Stable Action: Effective Date: Initial Rating Date: Affirmed February 11,2016 June 30, 1960 Long-Term Issuer Credit Rating View Definition (http://www.ambest.com/ratings/icrguide.asp) Long-Term: Outlook: Action: Effective Date: a a Stable Affirmed February 11,2016 Best's Credit Rating Analyst Rating Issued by: A.M. Best Rating Services, Inc. Senior Financial Analyst: Raymond Thomson, CPCU, ARe, ARM Vice President: Gregory T. Williams Disclosure Information View A.M. Best's Rating Disclosure Form (http://www3.ambest.com/ratings/entities/DisclosL AMBNum=2407) < AM. Best Affirms Ratings of The Progressive Corporation and Its Subsidiaries (http: //www3. am best. com/press/rr. asp? altsrc=1 &Ait RefString=23613&URatingld=214761 February 11, 2016 > http:/ /www3 .ambest.com/ratings/entities/SearchResults.aspx?URatingid=21... 9/14/2016 Progressive Casualty Insurance Company -Company Profile -Best's Credi... Page 2 of 3 Initial Rating Date: September 02, 2005 u Denotes Under Review Best's Rating (http://www .ambest.com/ratinqsl Rating History A.M. Best has provided ratings & analysis on this company since 1960. Financial Strength Long-Term Issuer Credit Effective Date Rating Effective Date 2/11/2016 A+ 2/11/2016 12/18/2014 A+ 12/18/2014 12/20/2013 A+ 12/20/2013 12/21/2012 A+ 12/21/2012 2/1/2012 A+ 2/1/2012 AMB Credit Reports Rating a a a a a a a a a a · ~-AMB Credit Report -includes Best's Financial Strength Rating and rationale along with comprehensive analytical ·~ ! commentary, detailed business overview and key financial data. Report Revision Date: 9/12/2016 (represents the latest significant change). '··,·!.;;:;;.... Historical Rep (reportarchive. aspx? ' r ambnum=240 ambnum=2407&URatingld=2147663&bi=O&AitSrc=1&PPP=&AitNum=O&Ext User=&Ext Misc=&Portai=O&Site=) < View additional news, reports and products (companyprofile.aspx? ambnum=2407&URatingld=2147663&bi=64&AitSrc=1 &PPP=&AitNum=O&Ext User=& Ext Misc=&Portai=Q) for this company. Press Releases Feb 11, 2016 Dec 18, 2014 Dec 20, 2013 Dec 21, 2012 Feb 01, 2012 Dec 28, 2010 A.M. Best Affirms Ratings of The Progressive Corporation and Its Subsidiaries (http://www3.ambest.com/press/rr.asp? altsrc= 1&Ait RefString = 23613&URatingld=2147663l A.M. Best Affirms Ratings of The Progressive Coro. and Its Subsidiaries: Comments on Announced Acquisition of ARX Holding (http://www3.am best.com/press/rr.asp ?a ltsrc -1&Ait RefStri ng-22020&U Ratingld-214 7663 l A.M. Best Affirms Ratings of The Progressive Corooration and Its Subsidiaries (http://www3.ambest.com/press/rr.asp? altsrc= 1&Ait RefString=20643&URatingld= 214 76631 A.M. Best Affirms Ratings of The Progressive Corooration and Its Subsidiaries (http://www3.ambest.com/press/rr.asp? altsrc-1&Ait RefString -19300&URatingld= 21476631 A.M. Best Affirms Ratings of The Progressive Corporation and Its Subsidiaries (http://www3.ambest.com/press/rr.asp? altsrc-1&Ait RefString -18020&URatingld-21476631 A.M. Best Affirms Ratings of The Progressive Corporation and Its Subsidiaries (http://www3.ambest.com/press/rr.asp? altsrc= 1&Ait RefString = 16549&URatingld =21476631 > http:/ /www3 .ambest.com/ratings/entities/SearchResults.aspx?URatingld=21... 9/14/2016 Progressive Casualty Insurance Company -Company Profile -Best's Credi... Page 3 of 3 ··-·-··············-··---~~-·-·· ·································~---·----··-----·············-------·······, 1 2 Page size: 10 15 items in 2 pages European Union Disclosures A.M. Best-Europe Rating Services Limited (AMBERS), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment Institution (ECAI) in the European Union (EU). Therefore, Credit Ratings issued and endorsed by AMBERS may be used for regulatory purposes in the EU as per Directive 2006/48/EC. Australian Disclosures A.M. Best Asia-Pacific Limited (AMBAP), Australian Registered Body Number (ARBN No.150375287), is a limited liability company incorporated and domiciled in Hong Kong. AMBAP is a wholesale Australian Financial Services (AFS) Licence holder (AFS No. 411 055) under the Corporations Act 2001. 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CALIFORNIA !11ft DEPARTMENT OF INSURANCE Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information Old Company Names FINANCIAL PACIFIC INSURANCE COMPANY P.O. BOX 73909 CEDAR RAPIDS, lA 52407-3909 Effective Date M. L. OATES INSURANCE COMPANY 12/30/1993 Agent For Service MARY BIANCO 3880 ATHERTON ROAD ROCKLIN CA 95765 Reference Information I NAIC #: 1131453 I I California Company ID #: 113132-8 _j ~-ate A_~thori:ed i~ Calif-~rnia: ···-Jl::e111_~~7 -·w _] [~icense St~-~us: _ ~-·····-······~· _j[~NLIMI~D-~OR~~ _j !I company Type: !I Property & Casualty .... J -·- IJstate of Domicile: I CALIFORNIA I back to top NAIC Group List NAIC Group#: 0248 UNITED FIRE & CAS GRP Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER https:/linteracti~.e.\\eb.insurance.ca.gov/compan;profile/compan;profile?e~.ent=companyProfile&doFunction=getCompanyProfile&eid=6867 1/2 9/13116 back to top @ 2008 California Department of Insurance Company Profile SURETY TEAM AND VEHICLE WORKERS' COMPENSATION https://interacti-.e.~Aeb.insurance.ca.gov/compan;profile/compan;profile?e-.ent=companyProfile&doFunction=getCompanyProfile&eid=6867 212 Financial Pacific Insurance Company -Company Profile -Best's Credit Ra... Page 1 of 2 A.M. Best Rating Services 4JI Welcome Back rhonda heather 1 My Mern. .. ber Center 11.QQ_Out A.M. Best 1 A.M. Best Rating Services 1 A.M. Best Information Services About 1 Careers 1 Events 1 Support 1 Contact Rating Services Home Ratings 111 >> Recent Rat1ng Act1v1ty » Search for a Rat1ng Regional Centers ,; Rating Process & Definitions "' » Understanding Best's Ratmgs » Gu1de to Best's Rat1ngs >> Fmanc1al Strength Rat1ng GUide >> Issuer Credit Rating Gu1de >> Issue Cred1t Rat1ng Gu1de >> National Scale Rat1ng Guide » Country R1sk lnformaflon >> Market Segment Outlook Rating Methodology "' Industry Research Industry & Market Centers ., Contact an Analyst Conferences & Events ,. Awards & Recognitions Data Submission Center ,; Regulatory Information ,; l:flul a Hc.\l's ( 'redlf Ralfng I Enter a Company Name ~- < >>Advanced Search Rating Search:'----------' ~ "Advanced Search IIi Print this page Financial Pacific Insurance Company (1J A.M. Best#: 000143 NAIC #: 31453 FEIN#: 680111081 Mailing Address P 0 Box 73909 Cedar Rapids. lA 52407-3909 United States Assigned to insurance companies that have. Web: www.unitedfiregroup.com Phone: 319-399-5700 in our opinion. an excellent ability to meet their ongoing insurance obligations. Fax: 319-286-2512 Based on A.M. Best's analysis. Q.~!l.~.!l.\1 ... : .. .\!.D.i!~.<:l . .E.ir.~ .. \?.I!?..~P. •. ..Ln.<:: •. is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of operating insurance entities in this structure. l~yna,na~c~t!!_~-~th~Rati~:Q~.Y.I.~~:~et~'" ·-~ w~-nn ~, ,v,] [Be-5i:screilit RatingAnatyst ···" ····-··~···· ' 'Rating l~;~~d"byAM·B~~t Rating Services. Inc. Rating: A (Excellent) Affiliation Code: g (Group) • Senior Financial Analyst: Joel Silverthorn I Mar~.~.i~.~-·~·"--ior Financi.~~~~!l:~!:. Jacq~l<:.~ Lentz. CP~···· ·' Financial Size Category: Outlook: Action: Effective Date: Initial Rating Date: X ($500 Million to $750 Million) Stable Affirmed April 23. 2015 June 06. 1994 View AM. Best's Rating_Disclosure St9tement l~'?~J.t ~:~m·ls~:~.~!.~.~~~J~~Ra~~~~-" ·vleWDerTnrtTo·n A.M Best Affirms Ratings of United Fire Group. Inc. ancj_ Its Subsidiaries· Assrgns Ratings to UFG Specialty Insurance Company Long-Term: a April 23. 2015 Outlook: Stable Affirmed April 23. 2015 March 20. 2006 :~~~~~"!:~.~~"~~«~!--~ Effective Date Rating ' 4/23/2015 a 4/30/2014 a 5/16/2013 a 6/11/2012 a 5/16/2011 a 12/2/2010 AMB Credit Report -includes Best's Financial Strength Rating and rationale along with comprehensive analytical ;: commentary, detailed business overview and key financial data. Report Revision Date: 3/15/2016 (represents the latest significant change). Historical Reports are available in 1\.M.e ... Cr.~\l.i!..R.~P.Q.d . .Ar.<:.bi~~-' Qm_ Apr 23, 2015 Apr 30, 2014 May 16.2013 Jun 11. 2012 May 16.2011 Dec 02. 2010 Jun 21, 2010 AM Best Affirms Ratings of United Fire Group Inc and Its Subsidiaries· Assigns Ratings to UFG Specialty Insurance Company A.M. Best Affirms Ratings of United Fire Group Inc. and Its Subsidiaries AM. Best Revises Outlook to Stable and Affirms Ratings of United Fire Group Inc and Its Subsidiaries A.M. Best Affirms Ratings of United Fire Group Inc. and Its Subsidiaries AM. Best Revises Outlook to Negative for Mercer Insurance Group· Affirms Ratings of United Fire & Casualty Group & United Life AM Best Places Ratings of Mercer Insurance Group and Mercer Insurance Group Inc Under Review With Negative Implications A.M. Best Revises Outlook To Stable From Negative For Mercer Insurance Group and Its Members http://www3.ambest.com/ratings/entities/SearchResults.aspx?SR=l 9/13/2016 Financial Pacific Insurance Company -Company Profile -Best's Credit Ra... Page 2 of 2 European Union Disclosures Jun 18, 2009 Jun 05, 2008 May 09, 2007 1 2 A,M, Best Revises Outlook To Negative From Stable For Mercer Insurance Group and Its Members AM Best Affirms Ratings of Mercer Insurance Group and Its Members A,M, Best Affirms Ratings of Mercer Insurance Group Page size: 10 11 items 1n 2 pages AM Best-Europe Rating Services Limited (AMBERS), a subs1d1ary of A.M. Best Ratmg Serv1ces, Inc 1s an External Credit Assessment Institution (ECAI) in the European Un1on (EU) Therefore Credit Ratmgs 1ssued and endorsed by AMBERS may be used for regulatory purposes in the EU as per D~rective 2006/48/EC Australian Disclosures AM Best Asia-Pacific Lim1ted {AMBAP), Australian Registered Body Number (ARBN No.150375287) 1s a l1m1ted liability company Incorporated and domiciled in Hong Kong. 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Best Company, Inc and/or its aff1i1ates ALL RIGHTS RESERVED http:/ /www3 .ambest.com/ratings/entities/SearchResults.aspx?SR = 1 9/13/2016 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) AGUA HEDIONDA CREEK STREAMBANK RESTORATION CONTRACT NO. 6618 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? X yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: ..fi. /" (l 0 /;_ Qt{/ P fJ7 E /tJ I c! CJ · of Contract~) , J By:~~~--~~---~~---------- (print name/titre) Page _j__ ol ____ pages of this Re Debarment form ., ~ Revised 2/29/16 Contract No. 6618 Page 26 of 136 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) AGUA HEDIONDA CREEK STREAMBANK RESTORATION CONTRACT NO. 6618 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? X yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? y'. yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? \,_ / yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work. eyer been stayed? X , yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore. (If needed attach additional sheets to provide full disclosure.) Page -/--of __f_ pages of this Disclosure of Discipline form {\ •+' Revised 2/29116 Contract No. 6618 Page 27 of 136 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) AGUA HEDIONDA CREEK STREAMBANK RESTORATION CONTRACT NO. 6618 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: -:se ~C..c:> £ Q.~~~ -"MRIL* ("t> · (name of Contractor) By ~~\;b (sign hei") "St~~r~('S/ 'fiJe -6lo~~- (print name/title) Page __ of __ pages of this Disclosure of Discipline form l' • ., Revised 2/29116 Contract No. 6618 Page 28 of 136 Pages NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 AGUA HEDIONDA CREEK STREAMBANK RESTORATION CONTRACT NO. 6618 The undersigned declares: I am the Sa\~ owl\./if" of 3 e~c.o , the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 'Se\ ~\.u: '-, 20~ at C':>'-"-' 'b'W [city], C A [state]. l' •+' Revised 2/29/16 Contract No. 6618 Page 29 of 136 Pages CONTRACT PUBLIC WORKS This agreement is made this $r;/J day of :..'1z~ , 20 ~ , by and between the City of Carlsbad, California, a municipiCOfP<)fatiOr;(hereinafter called "City"), and Jefco Equipment Co., a sole ownership, whose principal place of business is P.O. Box 460004, Escondido, CA 92046 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: AGUA HEDIONDA CREEK STREAMBANK RESTORATION CONTRACT NO. 6618 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Noncollusion Declaration, Designation of Subcontractors, Technical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and {"\ • ., Revised 2/29/16 Contract No. 6618 Page 30 of 136 Pages has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. Contractor shall comply with California Labor Code, section 1776, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, l"\ • .., Revised 2/29/16 Contract No. 6618 Page 31 of 136 Pages or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy# 70. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability Insurance: $2,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $2,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1 ,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. l' • ., Revised 2/29/16 Contract No. 6618 Page 32 of 136 Pages c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (1 0) days' prior written notice has been sent to the City by certified mail, return receipt requested. (D) Deductibles and Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy # 70. (H) Verification of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 201 04) which are incorporated by reference. A copy of Article 1.5 is included in Section 3 of the General Provisions. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 201 04.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. l" • ., Revised 2/29/16 Contract No. 6618 Page 33 of 136 Pages (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above. ~ init ~ in it 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the {'\ •fi' Revised 2/29/16 Contract No. 6618 Page 34 of 136 Pages subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 16. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 17. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED {CORPORATE SEAL) CONTRACTOR: me of Contractor) By: ---T+-Tr---P--......__-~_· ---- sign here) 'Se ~~~'I "'S .. E\.~-OLPNf1 CITY OF CARLSBAD a municipal corporation of the State of California By~# MA T ALL, Mayor (print name and title) ATTEST: By: __________________________ _ (sign here) (print name and title) President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER City Attorney By:~ Deputy City Attorney l"\ • ., Revised 2/29/16 Contract No. 6618 Page 35 of 136 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA } County of San Diego On SEP 0 6 2016 beforeme, --~~~~Da~re~~~~--Gregory P. Minium , Notary Public, ------Insert Name of Notary exactly as 1! appears on the official seal personally appeared Jeffrey Eide ----~----------------------~Na_m_e~(s~)o~f=si~gn-e~r(s~)---------------------------- a".? sn• ... C3R"Eoofff f,~MINiuMl ;;&; COMM. 12181817 a :if • NOTARY PU8IJC.CAl.IFOR Y! I . SAN DIEGO COUNTY My eomm. ... Augual,, •I ;eueeeeseeusaeeuueeuuuseesa Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand_and,(>fficial seal. c."'..~--:;..~ ... :·-:~~-...---~ Signature __..<::: .,.. c::::::::-.--~ Signature of N~ Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Document Date: 09/06/16 --------------------------------------Number of Pages: ________________ __ Signer(s) Other Than Named Above:------------------------------------------------------- Capacity(ies) Claimed by Signer(s) Signer's Name: _J_e_ff_re~y'----E_id_e ________________ _ 1!1 Individual D Corporate Officer -Title(s): _______________ _ D Partner D Limited D General D Attorney in Fact 0 Trustee D Guardian or Conservator 0 Other: ______________ _ Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: _______________________ _ D Individual D Corporate Officer -Title(s): ______________ _ D Partner D Limited D General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: ______________ _ Signer is Representing: RIGHT THUHBPR\NT OF SIGNER Top of thumb here Bond No. 893922P Premium: Included in Performance Bond LABOR AND iVl.A,TERIALS BOND WHEREAS. tr1e City Council of the City of Carlsbad, State of California. by Resolution No. ~~---:-----:--· adopted , has awarded to Jefco, Equipment Co., a sole ownership (here:nafter designated as the "Principal'} a Contract for: AGUA HEDIONDA CREEK STREAMBANK RESTORATION CONl'RACl NO. 6618 in the City of Carisbad, in strict conformity with ths drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herew: by this reference. WHEREAS, Principai has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond. providing that if Principal or any of their subcontractors shall fail to pay for any materJals, pmvisions. provender or othe( supplies or teams used in, upon or about the performance o·f the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the exten·( hereinafter set forth. NOW, THEREFORE, WE, JEFCO, EQUIPMENT CO, as Principal, (hereinafter designated as the ''Contractor"), and Indemnity Company of Calif~rnia as Surety, are held firmly bound unto the City of Carlsbad in the sum of TWO HUNDRED THIRTY THOUSAND THREE HUNDRED SIXTY SEVEN Dollars ($230,367.00), said surn being an amount equal to: One hundred percent ( 1 00%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firrniy by these presents. THE CONDITION OF THIS OBLIGATION !S SUCH that ifthe Contractor or his/her subcontractors fail to pay for any rnaterials, provisions, provender, supplies. or teams used in, upon. for, or about the performance of ':he work contracted to be done, or for any other work or labor thereon of any kind. consistent with Califomia Civil Code section 9'100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract. or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees. to be fixed by the court cons\sten'l with California Civil Code sectlon 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons 01 t~!eir assigns in any suit brought upon the bond. Surety stipulates and agrees that no change. extension of time, alteration or addition to the terms of the Contract, or to the work to be performed !1ereunder or the specifications accompanying the same shall affect its obligations on this bond, and it doeg hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. 0 Revised 2!29f'lf. Contract No. 661,£ Page 36 of 136 !"ages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations 1.mder this bond. Executed by CONTRACTOR this _6_th ____ _ day of Septem_~~! __________________ , 20_~_ CONTRACTOR Je!co Eq_~~P.r:!!~~-~ Co ______________ _ By_ ~~n~,:?.JF ------ Jeffrey Eide (print name here) Sole Owner (title anc crgar11zation of signatory) By: _____ -----------~- (sign here) (print name here) (title and organization of signatory) Executed by SURETY this _6_th ______ _ day of September . 20_16~- SURETY: Indemnity Company of California (name of Surety) 17771 Cowan, #100, Irvine, CA 92614 (address of Surety) Margie Wager, Attorney-in-Fact (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Pmper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President Oi vice-president and secretary or assistant secretary must sign for corporations_ lf only one officer signs, the corporatioi1 must attach a resolution cert1f!ed by the secretary or assistant secretary under corporate seal empowering :hat officer to bind the corporatior· _) APPROVED /'IS TO FORM: CELIA A. BRE.VVER City Attorney By: ~-.. \..,Revised 2/29tl6 Centrad No_ 661§ Page 37 of 136 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA } County of San Diego On S E p 0 6 2016 before me, Aireanna Mannerud Brown , Notary Public, --~~L-~D~ate~~~L---------~~-e-rt_N_a-me_o_f_No-ta-~-e-xa_c_t~-a-s-it-ap_~_a_ffi_a_n_tre_o_ffi_lc-ia-ls-ea-1---- personally appeared Margie Wager --~~--~------------------~N~a~~(s~)o~f~Si~gn~e~r(s~)---------------------------- 1ii z u ~ ,..~.,.. AIREAN~ MANNERUD BRO\MII ~ Commission No. 2133271 o NOTARY PUBLIC-CALIFORNIA ~ SAN DIEGO COUNTY - Commission Expires November 20, 2019 ~ Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness m OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: --------------------------------------------------------------- Document Date:--------------------------------------Number of Pages: ________________ ___ Signer(s) Other Than Named Above: --------------------------------------------------------- Capacity(ies) Claimed by Signer(s) Signer's Name: --------------------------- 0 Individual 0 Corporate Officer --Title(s): ________________ _ 0 Partner 0 Limited 0 General 1!1 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: ______________ _ Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: --------------------------- 0 Individual 0 Corporate Officer --Title(s): ________________ ___ 0 Partner 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: ____________ _ Signer is Representing: RIGHT THU~}BPRINT OF SIGNER Top of thumb here POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Margie Wager*** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice-President, Senior Vice-President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this January 29, 2015. By:~~ Daniel Young, Senior Vice-President By: ;f7hk.~ Mark Lansdon, Vice-President A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On --------'J"'a""n..,ua.._ry'-'2""9'-', 2,0'-'15"-------before me, ____________ _,L""u""ci,lle'-'R-"'a"'ym"'-o"'n""d'-', N,o,ta.._ry'-'P'-'u"'b,lic'-------------- oate Here Insert Name and Tttle of the Officer personally appeared _________________ __.D""a.,_,n:.--ie'-'1 ~ .... o"'un"'g'-'a~nd-:_.-:M.-:::ar....,k.-:::La::"n::o::sd-:::oc.:n __________________ _ Name(s) of Signer(s) • LUCILLE RAYMOND Commission# 2081!MS ~ Notary Public -California ~ z Orange County .. J. • • o o wMl ~oT"J egtr:sJ~ t3·s2¥:1!1 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/heritheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Lucill~ CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this 6th day of September ' 2016 . ID-1380(Rev.01/15) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA } County of San Diego On S E P 0 6 2016 before me, Gregory P. Minium , Notary Public, ----~0-~Da~re~~~--------ln-s-ert_N_a-~~o~f~N~ot-a~-e-x-ac-t~-a-s-it-ap-~_a_ffi_o_n_th_e_off-ic-ia-ls-ea-1---- personally appeared Jeffrey Eide ----~----------------------7N~am~e~(s7)o~f~S~ign~e~r(s~)---------------------------- ·e·a· ··a·ansa ·neaan·enaa· I-GREGORY P. MINiuMI i COMM. 121e1117 a NOTARY PUB1JC.CA1.1F0M Y! l ........ !t~:=~J Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my ~:~~C.~~-~~~ •.. · ,.,..-· / Signatur~_;;;c::':.--··-··· ~<'/ --=-Signatur~tary Public OPTIONAL--------------------- Though the information below is not required by Ia~ it may prove valuable to persons relying on the document and could prevent fraudulent removal ana reattachment of the form to another document. Description of Attached Document Title or Type of Document: Bond No. 893922P --------------------------------------------------------------- Document Date: 09/06/16 --------------------------------------Number of Pages: ________________ _ Signer(s) Other Than Named Above: ------------------------------------------------------- Capacity(ies) Claimed by Signer(s) Signer's Name: _J_e_ff_re~y_E __ id_e ________________ _ ~ Individual D Corporate Officer --Title(s): ________________ ~ D Partner D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: ______________ _ Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: --------------------------- 0 Individual D Corporate Officer --Title(s): ________________ _ D Partner D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: _______ __ Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here 9/6/16 Company Profile 1. CALIFORNIA ••• DEPARTMENT OF INSURANCE Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information Old Company Names INDEMNITY COMPANY OF CALIFORNIA P.O. BOX 19725 IRVINE, CA 92713 800-782-1546 Effective Date TRANSNATIONAL CASUALTY INS CO 08/12/1976 Agent For Service KARISSA LOWRY 2710 GATEWAY OAKS DRIVE SUITE 150N SACRAMENTO CA 95833 Reference Information I NAIC #: I California Company ID #: I State of Domicile: back to top NAIC Group List NAIC Group #: Lines Of Business 1125550 111926-5 ____ ]I 08/20/1968 II UNLIMITED-NORMAL ... _.JL .......... -. -··················· ~~perty & Casualty ll CALIFORNIA I 2538 AmTrust NGH Grp The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AUTOMOBILE LIABILITY MARINE SURETY back to top © 2008 California Department of Insurance https://interacti-.e.\t\eb.insurance.ca.gov/compan;profile/compan;profile?e-.ent=compan;flrofile&doFunction=getCompan;flrofile&eid=3839 1/1 Indemnity Company of California -Company Profile -Best's Credit Rating... Page 1 of 2 A.M. Best Rating Services • Welcome Back rhonda heather 1 M.Y_Membef.1:.sLnJg.r:l Log Out A.M. Best I A.M. Best Rating Services 1 A.M. Best Information Services About 1 Careers 1 Events 1 Support 1 Contact Rating Services Home Ratings " )) Recent Rating Activity >> Search for a Rating Regional Centers " Rating Process & Definitions " >> Understanding Best's Ratings » Gutde to Best's Rat1ngs >> Financial Strength Rat1ng Gu1de >> Issuer Credit Rat1ng Gu1de >> Issue Rattng Gu1de » Nat1onal Scale Rat1ng Guide » Country R1sk Information >> Market Segment Outlook Rating Methodology "' Industry Research Industry & Market Centers " Contact an Analyst Conferences & Events ,. Awards & Recognitions Data Submission Center 4 Regulatory Information " Rating Search: I Search j >> Advanced Search Indemnity Company of California (1) A.M. Best#: 004048 NAIC #: 25550 FEIN#: 952545113 Mailing Address P.O. Box 19725 Irvine. CA 92623-9725 United States Web: www.amtrustsurety com Phone: 949-263-3300 Fax: 949--252-1959 Assigned to insurance companies that have. lliiil! Print this page in our opinion. an excellent ability to meet their ongoing insurance obligations. Based on A.M. Best's analysis, 9JJ.Q.Q.:? .. : .. Amir~.~\.1':.iO.'!D.Qi.'!L§ . .,!Y.iQ!l.~ ... J.I)g is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of operating insurance entities in this structure. A (Excellent) Affiliation Code: r (Reinsured) Financial Size Category: XIV ($1.5 Billion to $2 Billion) Outlook: Stable a Affirmed July 08, 2016 June 30, 1982 Stable Affirmed July 08, 2016 2007 View A.M. Best's Bating D_b;_flosure.fJl.CDJ AM. Best Affirms Ratings of Am Trust Financial Services Inc. and Its Subsidiaries July 08, 2016 A.M. Best has provided ratings & analysis on this company since 1982. ~-~"'~!~-~~-~-~~-~Effective Date Rating !7/8/2016 A ! 5/29/2015 A ! 5/30/2014 A i 1/8/2014 A !9120/2013 6/17/2013 5l~1l201L~ Effective Date Rating 7/8/2016 a 5/29/2015 a 5/30/2014 a 1/8/2014 a 9/20/2013 a-u 6/17/2013 A.M.~ .. g.r.~.9.!! .. .R~P..Q.f.~ -includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed business overview and key financial data. Report Revision Date: 7/8/2016 (represents the latest significant change). Historical Reports are available in AMB Credit Report Archive. View additional news reports and products for this company. Press Releases Jul 08, 2016 May 29, 2015 Apr 23, 2015 Jan 08, 2014 Sep 20, 2013 May 31, 2012 A.M. Best Affirms Ratings of Am Trust Financial Services Inc. and Its Subsidiaries AM Best Affirms Ratings of Am Trust Financial Services Inc and Its Subsidiaries A.M. Best Places Ratings of Soringfield Insurance Company Under Review With Positive Implications AM Best Upgrades Ratings of Developers Surety and Indemnity Company and Indemnity Company of ~ A.M. Best Places Ratings of Developers Surety and Indemnity Company and Indemnity Company of California Under Review A.M. Best Revises Outlook to Negative for Developers Surety and Indemnity and Its Subsidiary Indemnity Company of California http://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=40 ... 9/6/2016 Indemnity Company of California -Company Profile -Best's Credit Rating... Page 2 of 2 European Union Disclosures AM. Best-Europe Rat1ng Services Limited (AMBERS), a subs1d1ary of A.M. Best Ratmg Serv1ces Inc., IS an External Credit Assessment Institution (ECAI) 1n the European Union (EU). Therefore, credit rat1ngs issued and endorsed by AMBERS may be used for regulatory purposes 1n the EU as per D1rect1ve 2006/48/EC Australian Disclosures AM Best As1a-Paclf1C Lim1ted (AMBAP). Austral1an Reg1stered Body Number (ARBN No 150375287) IS a lim1ted liability company Incorporated and domiciled in Hong Kong AMBAP is a wholesale Australian Fmancial Services (AFS) Licence holder (AFS No. 411 055) under the Corporat1ons Act 2001 Credit rat1ngs emanating from AMBAP are not intended for and must not be d1stnbuted to any person 1n Australia other than a wholesale client as defined 1n Chapter 7 of the Corporations Act AMBAP does not authorize 1ts Credit Ratings to be d1ssemmated by a third~party 1n a manner that could reasonably be regarded as being 1ntended to influence a retail client in making a decis1on in relation to a particular product or class of fmancial product. AMBAP Credit Ratings are Intended for wholesale clients only, as defined. Cred1t Ratings determined and disseminated by AMBAP are the opinion of AMBAP only and not any specific credit analyst AMBAP Credit Rat1ngs are statements of op1nion and not statements of fact. They are not recommendations to buy. hold or sell any securities or any other form of financial product, 1nclud1ng 1nsurance poi1C1es and are not a recommendation to be used to make investment /purchasing dec1sions Important Notice AM. Best's Credit Ratings are mdependent and objective opin1ons. not statements of fact A M. Best is not an Investment Advisor, does not offer Investment adv1ce of any kind, nor does the company or its Ratings Analysts offer any form of structunng or fmancial adv1ce. A.M Best's cred1t opin1ons are not recommendations to buy. sell or hold securities, or to make any other Investment decisions For additional information regard1ng the use and limitations of cred1t rating op1nions. as well as the rating process, informatiOn requrrements and other rating related terms and definitions, please v1ew Understanding Best's Credit Ratings. About AM Best 1 S1te Map 1 Customer Service 1 Member Center 1 Contact Info 1 Careers 1 Terms of Use 1 Pnvacy Policy 1 Secunty I Legal & Licensing Regulatory Affa1rs-Form NRSRO-Code of Conduct-Rat1ng Methodology-H1stoncal Performance Data Copynght © 2016 AM Best Company, Inc and/or its affiliates ALL RIGHTS RESERVED http://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=40 ... 9/6/2016 Bond No. 893922P Premium: $5,759.00 Premium is based on final contract amount. fAITHFUL PERFORMAJ~CE/WARRANTY BOND WHEREAS. the City Council of the City of Carlsbad, State of California, by Resolution No. ·----' adopted . has awarded to Jefco, Equipment Co .. (hereinafter designated as ~he "Principal"), a Contract for: .A.GUA HEDIONDA CREEK STREAMBANK RESTORATION CONTRACT NO. 6618 in the City of Carlsbad, in strict conformity \Nith the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful perforn:ance and warranty of said Contract; NOW, THEREFORE. WE, JEFCO, EQUIPMENT CO., as Principal, (hereinafter designated as the "Contractor"). and Indemnity Company of California as Surety, are held and firmly bound unto the City of Carlsbad in the sum of TWO HUNDRED THIRTY THOUSAND THREE HUNDRED SIXTY SEVEN Dollars ($230,367.00), said sum being equal to one hundred percent (1 00%) of the estimated a:nou:1t of the Contract, to be paid to City or its certain attorney, its successors and assigns; for whictl payment, well and truly to be made. we bind ourselves, our heirs, executors and administrators, successors or assigns. jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION iS SUCH that if the above bounden Contractor, their heirs, executors. administrators, successors or assigns, shall in all things stand to and abide by, and well and truly l\eep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad its officers, employees and agents, as therein stipulated, ti1en this obligation shall become nun ~nd void; otherwise it shall remain in full force and effect. As a part of the obHgation secured hereby and in o.dciitlon to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforctng such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulak's and agrees that no change. eXlension of time. alteration or addition to the terms of the Contract. or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change. extension of time, alterations o: addition to the terms of ths contract or to the work or to the specifications. ft ~tJ Revised 2/29.116 Contract No. 2.2.1.~. Page 38 of 136 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this _6_th ____ _ day of September 2016 CONTRACTOR: Jefco Equipment Co f': JJ!ame. of C;>~iractor) By:~!,~------ (sign here) Jeffrey Eide (print name here) Sole Owner (title and organization of signatory) By: __ _ (sign here) (print name here) (title and organization of signatory) Executed by SURETY this 6th _______ _ day of September ' 20_1_6 __ SURETY: Indemnity Company of California (name of Surety) 17771 Cowan, #100, Irvine, CA 92614 (address of Surety) 619.521.9686 Margie Wager, Attorney-in-Fact (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELlA A. BREWER City Attorney ~~ By: Deputy City Attorney ft ~., Revised 2/29/16 Contract No. Qfi1B. Page 39 of 136 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA } County of San Diego On S E P 0 6 2016 before me, Aireanna Mannerud Brown , Notary Public, --------~-----------~-~~~~-~-~~-~~~~~--Date Insert Name of Notary exactly as rt appears on the official seal personally appeared Margie Wager --~~--~------------------~Na-~~(s~)o~f~Si-gn-e~r(s~)---------------------------- iii z u ~ A;REANNA w:.~NERUD B~OWN~~ Commission No. 2133271 n NOTARY PUBLIC-CALIFORNIA ~ SAN DIEGO COUNTY ~ Commission Expires November 20, 2019 ~ Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness y Signaturel-=MI.U4AM4AJ---=:=::::::::::::t~~__.J)~~ OPTIONAL----------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: --------------------------------------------------------------- DocumentDate: ____________________________________ __ Number of Pages: _____________ _ Signer(s) Other Than Named Above: --------------------------------------------------- Capacity(ies) Claimed by Signer(s) Signer's Name: _________________________ _ D Individual D Corporate Officer--Title(s): _______________ _ D Partner D Limited D General ~ Attorney in Fact D Trustee D Guardian or Conservator D Other: ______________ _ Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: _________________________ _ D Individual D Corporate Officer --Title(s): _______________ _ D Partner D Limited D General 0 Attorney in Fact 0 Trustee D Guardian or Conservator D Other: ____________ __ Signer is Representing: RIGHTTHU~PBPRINT OF SIGNER Top of thumb here POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Margie Wager*** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice-President, Senior Vice-President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this January 29, 2015. ~a~ By: --==--_c_::__------F---"'-'"'--+-- Daniel Young, Senior Vice-President By:--:-"'-:-:~~---=--------:-~-::-:=~=--~ Mark Lansdon, Vice-President A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On ____ _,J,an-"'u""a'-!:ry--"2"'"9,~2"'0-"15,__ ____ before me, _____________ ,_.Lu,...,c"'ill,_e,_,R=cay"'m"'o"'n"'d''-:':N':'o"'ta"-:ry'""'P'-:'u~b"'lic'----------------- Date Here Insert Name and Title of the Officer personally appeared --------------------=D"'a"'ni~ei--'Y.-"o'Ceun"'g'-'a7n~d-:cM=ar"'k:-cL=an"'s=d"'onc__ ___________________ _ Name(s) of Signer(s) r a :a a a a a fu81n.r R1:M3.f{ a al • Commission II 2081M5 ~ Notary Public • California I z Orange County .. J. ow o o wMl S0T"J ~'!'2CJ l;\2«!'!1 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this 6th day of September ' 2016 . ID-1380(Rev.01/15) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA } County of San Diego On S E p 0 6 2016 before me, Gregory P. Minium , Notary Public, --~~L-~D~are~~~---------ln-s-ert_N_a_m~eo~f~N~ot-a~-e-x-ac-t~-a-s-it-ap-~-a-rs_o_n-th-e-off-ic-ia-ls-ea-1---- personally appeared _J_e_ff_re-'-y_E_i_d_e _________ =~,...,.,-;==,---------------- Name(s) of Signer(s) ftt~z~ I . SAN DIEGO COUNTY I My Conm. !Jipnl~ 1, 2020 usuossueeseeessceuseeseuse Place Nota~ Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. c· -~~----·-7 Signature e· .. ···· ·---//_..---· Signature ornotary ~- OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Bond No. 893922P --------------------------------------------------------------- Document Date: 09/06/16 -------------------------------------Number of Pages: ________________ __ Signer(s) Other Than Named Above: ------------------------------------------------------- Capacity(ies) Claimed by Signer(s) Signer's Name: _J_e_ff_re__,y __ E_id_e ________________ _ ~ Individual 0 Corporate Officer --Title(s): _________ _ 0 Partner 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: ______________ _ Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: __________________________ _ 0 Individual 0 Corporate Officer -Title(s): ________________ __ 0 Partner 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: ______________ _ Signer is Representing: RIGHTTHUHBPRINT OF SIGNER Top of thumb here OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and ____________________________ whose address is ____________________________ hereinafter called "Contractor'' and ______________________ whose address is -----:-::------~-~----------------------hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to section 22300 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for AGUA HEDIONDA CREEK STREAMBANK RESTORATION CONTRACT NO. 6618 in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 1 0 days of the deposit. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5 .. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. 1'\ •+' Revised 2/29/16 Contract No. 6618 Page 40 of 136 Pages 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title ____ ....:...F..:..:.IN...::.A...:.:.N=C=E=-=D.:.:...IR=E=C:...:..T-=O...:...:R,___ ___ _ Name ------------------------------------ Signature--------------------------------- Address 1635 Faraday Avenue, Carlsbad, CA 92008 For Contractor: Title------------------- Name __________________________________ __ Signature --------------------------------- Address ________________________________ ___ For Escrow Agent: Title ------------------------------------- Name ------------------------------------ Signature --------------------------------- Address ________________________________ ___ At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. {'\ • ., Revised 2/29/16 Contract No. 6618 Page 41 of 136 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: Title MAYOR Name __________________________________ __ Signature --------------------------------- Address 1200 Carlsbad Village Drive, Carlsbad. CA 92008 For Contractor: Title ______ _ Name __________________________ ~-------- Signature--------------------------------- Address ________________________________ ___ For Escrow Agent: Title------------------------------------ Name __________________________________ __ Signature--------------------------------- Address ________________________________ ___ l' •fi Revised 2/29/16 Contract No. 6618 Page 42 of 136 Pages June 15, 2016 ADDENDUM NO. 1 ('city of Carlsbad RE: AGUA HEDIONDA CREEK STREAMBANK RESTORATION PROJECT (COMAN)-PWS16-107TRAN, PROJECT NO. 6618 Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum--receipt acknowledged--must be attached to your Request for Bid when iZd~ RHONDA HEATHER Contract Administrator I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 Bidder's 1gnature Public Works Contract Administration 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4677 t CITY OF CARLSBAD (~City of Carlsbad AGUA HEDIONDA CREEK STREAMBANK RESTORATION PROJECT (COMAN) CONTRACT NO. 6618 Bid No. PWS16-107TRAN ADDENDUM NO. 1 From: Sherri Howard, Project Manager Phone: (760) 602-2756 Sherri. Howard@carlsbadca.gov No. of Pages: 2 (including this page) Date: June 15, 2016 Bid Opening Date: June 21, 2016-2:00 pm (unchanged) A copy of the sign-in sheet for the Mandatory Pre-Bid Meeting is included with this addendum. GENERAL PROVISIONS Page 59. Section 2-7.1 Groundwater Delete Groundwater and add the following to the title of this section: Section 2-7.1 Surface, Ground or Other Waters Page 59 Paragraph 5. Delete the first sentence: Groundv;ater shall be discharged into the sevver; however, discharge rate and quantity of discharged groundwater shall not exceed the capacity of the sanitary sewer system it is discharging into. Replace with the following two sentences: Clear-water by-pass shall be designed to by-pass the typical flow which is estimated to be 100 CFS requiring a 42-inch pipe. Contractor shall take appropriate measures to secure the site in the event of rain and to by-pass flow in the event the flow exceeds 100 CFS. Public Works Contract Administration 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4677 t PROJECT NUMBER 6618 CITY OF CARLSBAD Utilities Department -Engineering Conference Notes SIGN-IN SHEET Page 1 of 1 PROJECT NAME Agua Hedionda storm Drain Outfall and Streambank Restoration Project SUBJECT Mandatory Pre-Bid Job Walk DATE Thursday, June 2, 2016 2:00PM ATTENDEES (Please Print) Affiliation Phone Number City of Carlsbad Sherri Howard Public Works Department 760-602-2756 City of Carlsbad Daniel Zimny Public_ Works Department 760-602-7551 :End{ a r ~ ILR L li~I.<{J-{4( l')h~d I Pu_,/ !H?o \--7~1(/ i.' ') h ·? ae;:c t ;<c) t--. i. I J 'l 17f4 ~~ ~~ }-/ )1 t.j .Sh!!JJ. . c::,~ ? . -I {-u L !/{ I ' ---,.10 5~? A ;co , {' It:' • ' I 0 . 70 / v '' GLtr'-1 NJc, ---' Lol·\;j-. G ra'" j~ 'if . 5'7t ~(p&f? y I'\ ;r..;,6 ,. I ~I 1 , 'Cb!f. ~-f / ! t ' ,~ 4 '1 ! \.! (; f1 pL':7' () t' lj \leA i ( ')-hJVl (tf!\.:' 1:-fXul 1) ~, -~ r tfc() + "7" _, -. Sf--.~0>5 +- k.A, I)"J: '/I~ .. 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' \ • ' J Q;\Public Works\PW Common\Capltal Jmprovomont Program Projoc\.5~6618 Forol Court Drainogo Improvements (Howa(d)\Design\Pre+Bid mccling\iv'londotory Site Visit Sign In Sheet.doc GENERAL PROVISIONS FOR AGUA HEDIONDA CREEK STREAMBANK RESTORATION CONTRACT N0.6618 CITY OF CARLSBAD BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1, GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 -TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 TERMS -Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", c"scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Addendum -Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bulletins and all other types of written notices issued to potential bidders prior to opening of Bids. l' •+' Revised 1/30/13 CONTRACT NO. 6618 Page 43 of 136 Agency -The City of Carlsbad, California. Agreement-See Contract. Assessment Act Contract -A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County. Base-A layer of specified material of planned thickness placed immediately below the pavement or surfacing. Bid -The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder -Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board -The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carlsbad or the Board of Directors of Carlsbad Municipal Water District. Bond -Bid, performance, and payment bond or other instrument of security. City Council-the City Council of the City of Carlsbad. City Manager-the City Manager of the City of Carlsbad or his/her approved representative. Cash Contract-A Contract financed by means other than special assessments. Change Order -A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code-The terms Government Code, Labor Code, etc., refer to codes of the State of California. Construction Manager-the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Contract -The written agreement between the Agency and the Contractor covering the Work. Contract Documents-Including but not limited to; the Contract, any Addendum (which pertain to the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions, permits from other agencies, the Technical Specifications, the Supplemental Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. Contractor-The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under permit issued l' •+' Revised 1/30/13 CONTRACT NO. 6618 Page 44 of 136 by the Agency, the permittee shall be constructed to be the Contractor. The term "prime contractor" shall mean Contractor. Contract Price-The total amount of money for which the Contract is awarded. Contract Unit Price -The amount stated in the Bid for a single unit of an item of work. County Sealer-The Sealer of Weights and Measures of the county in which the Contract is let. Days -Days shall mean consecutive calendar's days unless otherwise specified. Deputy City Engineer, Construction Management & Inspection-The Construction Manager's immediate supervisor and second level of appeal for informal dispute resolution. Dispute Board -Persons designated by the City Manager of the City of Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution. Electrolier -Street light assembly complete, including foundation, standard, luminaire arm, luminaire, etc. Engineer -The City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile -Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer-A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer -A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire-The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm-The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Minor Bid Item-A single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Modification-Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. Notice of Award -The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract. Notice to Proceed -A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. l"\ Wf' Revised 1/30/13 CONTRACT NO. 6618 Page 45 of 136 Own Organization -When used in Section 2-3.1 -Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3. 1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1. Person -Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans-The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract-Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project Inspector -The Engineer's designated representative for inspection., contract administration and first level for informal dispute resolution. Proposal -See Bid. Reference Specifications-Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. Roadway-The portion of a street reserved for vehicular use. Service Connection -Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer-Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Specifications -General Provisions, Standard Specifications, Technical Specifications, Reference Specifications, Supplemental Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Standard -The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. Standard Plans -Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number. Standard Specifications -The Standard Specifications for Public Works Construction (SSPWC), the "Greenbook". {'\ •+' Revised 1/30/13 CONTRACT NO. 6618 Page 46 of 136 State -State of California. Storm Drain -Any conduit and appurtenances intended for the reception and transfer of storm water. Street-Any road, highway, parkway, freeway, alley, walk, or way. Subbase -A layer of specified material of planned thickness between a base and the subgrade. Subcontractor-An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. Subgrade -For roadways, that portion of the roadbed on which pavement, surfacing, base, subbase, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision -Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement - A written amendment of the Contract Documents signed by both parties. Supplemental Provisions -Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. Surety-Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. Tonne-Also referred to as "metric ton". Represents a unit of measure in the International System of Units equal to 1,000 kilograms. Utility-Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private easement. Work -That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the "Manual of Steel Construction" published by the American Institute of Steel Construction, Inc. l' •.,-Revised 1/30/13 CONTRACT NO. 6618 Page 47 of 136 1-3.2 Common Usage Abbreviation Word or Words ABAN ............................................................. Abandon dB ................................................................... Decibels ABAND ...................................................... Abandoned DBL .................................................................... Double ABS ........................ Acrylonitrile-butadiene-styrene OF ............................................................... Douglas fir AC ..................................................... Asphalt Concrete DIA ................................................................. Diameter ACP .......................................... Asbestos cement pipe DIP ..................................................... Ductile iron pipe ACWS ..................... Asphalt concrete wearing surface DL ................................................................ Dead load ALT ................................................................ Alternate DR ...................................................... Dimension Ratio APTS ................................ Apartment and Apartments DT ................................................................. Drain Tile AMER STD ................................... American Standard DWG ............................................................... Drawing AWG ............... American Wire Gage (nonferrous wire) DWY ............................................................. Driveway BC .................................................. Beginning of curve DWY APPR ................................... Driveway approach BCR ....................................... Beginning of curb return E ...................................................................... Electric BDRY ............................................................ Boundary EA ........................................................................ Each BF ..................................................... Bottom of footing EC ............................................................ End of curve BLDG ........................................ Building and Buildings ECR ................................................ End of curb return BM ............................................................ Bench mark EF ................................................................ Each face BVC ................................... Beginning of vertical curve EG .......................................................... Edge of gutter B/W ........................................................... Back of wall EGL. ................................................. Energy grade line CIC ..................................................... Center to center El .................................................................. Elevation CAB ...................................... Crushed aggregate base ELC ..................................... Electrolier lighting conduit CAUOSHA. ........... California Occupational Safety and EL T ........................................................ Extra long ton Health Administration ENGR ....................................... Engineer, Engineering CaiTrans ....... California Department of Transportation EP ................................................... Edge of pavement CAP ................................... Corrugated aluminum pipe ESMT ........................................................... Easement CB ............................................................. Catch Basin ETB .......................................... Emulsion-treated base Cb ........................................................................ Curb EVC .............................................. End of vertical curb CBP ............................... Catch Basin Connection Pipe EWA. .............................. Encina Wastewater Authority CBR ....................................... California Bearing Ratio EXC ............................................................ Excavation CCR ............................. California Code of Regulations EXP JT ................................................. Expansion joint CCTV ............................................... Closed Circuit TV EXST ............................................................... Existing CES ......................... Carlsbad Engineering Standards F .................................................................. Fahrenheit CF ................................................................. Curb face F&C ................................................... Frame and cover CF ................................................................ Cubic foot F&l .................................................. Furnish and install C&G .................................................... Curb and gutter FAB ............................................................... Fabricate CFR ................................ Code of Federal Regulations FAS ............................................... Flashing arrow sign CFS .......................................... Cubic Feet per Second FD ............................................................... Floor drain CIP ......................................................... Cast iron pipe FDN ........................................................... Foundation CIPP ............................................... Cast-in place pipe FED SPEC .................................. Federal Specification CL ............................................. Clearance, center line FG ........................................................ Finished grade CLF ..................................................... Chain link fence FH ............................................................. Fire hydrant CMB ............................... Crushed miscellaneous base FL. .................................................................. Flow line CMC ......................................... Cement mortar-coated FS ...................................................... Finished surface CML ............................................ Cement mortar-lined FT -LB ......................................................... Foot-pound CMWD .................... Carlsbad Municipal Water District FTG .................................................................. Footing CO ................................................... Clean out (Sewer) FW ............................................................ Face of wall COL ................................................................. Column G ........................................................................... Gas COMM ...................................................... Commercial GA ..................................................................... Gauge CONC ............................................................ Concrete GAL. ............................................... Gallon and Gallons CONN ........................................................ Connection GAL V ......................................................... Galvanized CONST ................................... Construct, Construction GAR ........................................... Garage and Garages COORD ...................................................... Coordinate GIP .............................................. Galvanized iron pipe CSP ........................................... Corrugated steel pipe GL ......................................... Ground line or grade line CSD ............................... Carlsbad Standard Drawings GM .............................................................. Gas meter CTB ............................................. Cement treated base GNV ............................................... Ground Not Visible CV ............................................................. Check valve GP .................................................................. Guy pole CY ............................................................... Cubic yard GPM ................................................ gallons per minute D .............................................................. Load of pipe GR ..................................................................... Grade l' • ., Revised 1/30/13 CONTRACT NO. 6618 Page 48 of 136 GRTG .............................................................. Grating PC .................................................... Point of curvature GSP ........................................... Galvanized steel pipe PCC ....................... Portland cement concrete or point H ............................................................ High or height of compound curvature HB .................................................................. Hose bib PCVC ....................... Point of compound vertical curve HC ................................................... House connection PE ............................................................ Polyethylene HOWL ........................................................... Headwall PI .................................................. Point of intersection HGL ............................................. Hydraulic grade line PL ............................................................ Property line HORIZ .......................................................... Horizontal PMB ............................ Processed miscellaneous base HP ............................................................. Horsepower POC ...................................................... Point on curve HPG ................................................ High pressure gas POT ................................................... Point on tangent HPS ............................... High pressure sodium (Light) PP .............................................................. Power pole HYDR ............................................................ Hydraulic PRC .......................................... Point of reverse curve IE ........................................................ Invert Elevation PRVC ............................ Point of reverse vertical curve ID ......................................................... Inside diameter PSI ......................................... Pounds per square inch INCL. .............................................................. Including PT .................................................... Point of tangency INSP ............................................................ Inspection PVC ................................................. Polyvinyl chloride INV ...................................................................... Invert PVMT ........................................................... Pavement IP ................................................................... Iron pipe PVT RIW ....................................... Private right-of-way JC .................................................... Junction chamber Q ........................ Rate of flow in cubic feet per second JCT ................................................................. Junction QUAD ....................................... Quadrangle, Quadrant JS ..................................................... Junction structure R ....................................................................... Radius JT .......................................................................... Joint R&O ......................................................... Rock and oil L. ....................................................................... Length RIW .......................................................... Right-of-way LAB ............................................................. Laboratory RA ....................................................... Recycling agent LA T ................................................................... Lateral RAC ................................... Recycled asphalt concrete LB ...................................................................... Pound RAP ............................... Reclaimed asphalt pavement LD ..................................................... Local depression RBAC .............................. Rubberized asphalt concrete LF ................................................................ Linear foot RC ................................................ Reinforced concrete LH ............................................................... Lamp hole RCB ...................................... Reinforced concrete box LL ................................................................... Live load RCE ...................................... Registered civil engineer LOL ............................................................. Layout line RCP ..................................... Reinforced concrete pipe LONG ........................................................ Longitudinal RCV ........................................... Remote control valve LP ............................................................... Lamp post REF .............................................................. Reference LPS ................................. Low pressure sodium (Light) REINF .............................. Reinforced or reinforcement LS ............................................................... Lump sum RES .............................................................. Reservoir L TS .................................................... Lime treated soil RGE ........................ Registered geotechnical engineer LWD ............................... Leucadia Wastewater District ROW ....................................................... Right-of-Way MAl NT ...................................................... Maintenance RR ................................................................... Railroad MAX .............................................................. Maximum RSE ............................. Registered structural engineer MCR ............................................ Middle of curb return RTE .................................... Registered traffic engineer MEAS ............................................................. Measure S ................................... Sewer or Slope, as applicable MH ................................... Manhole, maintenance hole SCCP ............................... Steel cylinder concrete pipe MIL SPEC .................................... Military specification SD .............................................................. Storm drain MISC ..................................................... Miscellaneous SDNR .............................. San Diego Northern Railway MOD .................................................. Modified, modify SDR ....... Standard thermoplastic pipe dimension ratio MON ........................................................... Monument (ratio of pipe O.D. to minimum wall thickness) MSL .. Mean Sea Level (Reg. Standard Drawing M-12) SDRSD ......... San Diego Regional Standard Drawings MTBM ......................... Microtunneling Boring Machine SE ...................................................... Sand Equivalent MUL T ............................................................... Multiple SEC ................................................................. Section MUTCD ..... Manual on Uniform Traffic Control Devices SF .............................................................. Square foot MVL ............................................... Mercury vapor light SFM ................................................ Sewer Force Main NCTD .............................. North County Transit District Sl ...................... International System of Units (Metric) NRCP .............................. Nonreinforced concrete pipe SPEC ..................................................... Specifications OBS ............................................................... Obsolete SPPWC .......................................... Standard Plans for OC ............................................................... On center Public Works Construction OD .................................................... Outside diameter SSPWC ............................. Standard Specifications for OE .............................................................. Outer edge Public Works Construction OHE ................................................. Overhead Electric ST HWY ................................................. State highway OMWD .................. Oiivenhain Municipal Water District ST A ................................................................... Station OPP ............................................................... Opposite STD ................................................................ Standard ORIG ................................................................ Original STR .................................................................. Straight PB ................................................................... Pull box STR GR ................................................. Straight grade .... ~., Revised 1/30/13 CONTRACT NO. 6618 Page 49 of 136 STRUC ......................................... Structural/Structure UE .............................................. Underground Electric SW ................................................................. Sidewalk USA ................................... Underground Service Alert SWD ..................................................... Sidewalk drain VAR .................................................... Varies, Variable SY ............................................................. Square yard VB ................................................................ Valve box T .................................................................. Telephone VC .......................................................... Vertical curve TAN ................................................................. Tangent VCP .................................................. Vitrified clay pipe TC .............................................................. Top of curb VERT ............................................................... Vertical TEL ............................................................. Telephone VOL. ................................................................. Volume TF .......................................................... Top of footing VWD ...................................... Vallecitos Water District TOPO ........................................................ Topography W ....................... Water, Wider or Width, as applicable TR ........................................................................ Tract WATCH .............. Work Area Traffic Control Handbook TRANS ......................................................... Transition WI ............................................................ Wrought iron TS ......................... Traffic signal or transition structure WM .......................................................... Water meter TSC ............................................. Traffic signal conduit WP J ........................................... Weakened plane joint TSS ........................................... Traffic signal standard XCONN ............................................ Cross connection TW .............................................................. Top ofwall XSEC ..................................................... Cross section TYP ................................................................... Typical 1-3.3 Institutions. Abbreviation Word or Words AASHTO ................. American Association of State Highway and Transportation Officials AISC .................................................................... American Institute of Steel Construction ANSI. ..................................................................... American National Standards Institute API ...................................................................................... American Petroleum Institute AREA ............................................................. American Railway Engineering Association ASTM ............................................................ American Society for Testing and Materials AWPA ................................................................ American Wood Preservers Association AWS ........................................................................................ American Welding Society AWWA ...................................................................... American Water Works Association FHWA ............................................................................. Federal Highway Administration GRI ................................................................................. Geosynthetic Research Institute NEMA. ........................................................ National Electrical Manufacturers Association NOAA ................ National Oceanic and Atmospheric Administration (Dept. of Commerce) UL ..................................................................................... Underwriters' Laboratories Inc. USGS ............................................................................. United States Geological Survey 1-4 UNITS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test requirements contained herein use Sl units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the Sl units shall control. S.l. units and U.S. Standard Measures in parenthesis may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the Sl system and a more extensive set of conversion factors. l' •+' Revised 1/30/13 CONTRACT NO. 6618 Page 50 of 136 1-4.2 Units of Measure and Their Abbreviations. U.S. Customary Unit (Equal To) Sl Unit (Abbreviations) (Abbreviations) 1 mil (=0.001 in) .................................................................................... 25.4 micrometer (!lm) 1 inch (in) .............................................................................................. 25.4 millimeter (mm) 1 inch (in) .............................................................................................. 2.54 centimeter (em) 1 foot (ft) ............................................................................................... 0.3048 meter (m) 1 yard (yd) ............................................................................................ 0.9144 meter (m) 1 mile (mi) ............................................................................................. 1.6093 kilometer (km) 1 square foot (ft2) .................................................................................. 0.0929 square meter (m2) 1 square yard (yd2) ............................................................................... 0.8361 square meter (m2) 1 cubic foot (ft3) .................................................................................... 0.0283 cubic meter (m3) 1 cubic yard (yd3) .................................................................................. 0.7646 cubic meter (m3) 1 acre .................................................................................................... 0.4047 hectare (ha) 1 U.S. gallon (gal) ................................................................................. 3.7854 Liter (L) 1 fluid ounce (fl. oz.) ............................................................................. 29.5735 millileter (ml) 1 pound mass (I b) (avoirdupois) ........................................................... 0.4536 kilogram (kg) 1 ounce mass (oz) ................................................................................ 0.02835 kilogram (kg) 1 Ton (=2000 lb avoirdupois) ................................................................ 0.9072 Tonne(= 907 kg) 1 Poise .................................................................................................. 0.1 pascal· second (Pa · s) 1 centistoke (cs) ................................................................................... 1 square millimeters per second (mm2fs) 1 pound force (lbf) ................................................................................ 4.4482 Newton (N) 1 pounds per square inch (psi) ............................................................. 6.8948 Kilo pascal (kPa) 1 pound force per foot (lbf/ft) ................................................................ 1.4594 Newton per meter (N/m) 1 foot-pound force (ft-lbf) ...................................................................... 1.3558 Joules (J) 1 foot-pound force per second ([ft-lbf]/s) .............................................. 1.3558 Watt (W) 1 part per million (ppm) ........................................................................ 1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit (°F): ....................................................................... Degree Celsius CC): °F = (1.8 X °C) + 32 ·············································································· oc = (°F-32)/1.8 Sl Units (abbreviation) Commonly Used in Both Systems 1 Ampere (A) 1 Volt (V) 1 Candela (cd) 1 Lumen (lm) 1 second (s) Common Metric Prefixes kilo (k) ................................................................................................... 1 03 centi (c) ................................................................................................. 10-2 milli (m) ................................................................................................. 10-3 micro (!l) ............................................................................................... 10-6 nano (n) ................................................................................................ 10-9 pico (p) .................................................................................................. 10-12 l' • ., Revised 1/30/13 CONTRACT NO. 6618 Page 51 of 136 1-5SYMBOLS L1 L % I 0 PL CL SL Delta, the central angle or angle between tangents Angle Percent Feet or minutes Inches or seconds Number per or (between words) Degree Property line Centerline Survey line or station line SECTION 2-SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper with holdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in 4104: "(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater." {'\ •+' Revised 1/30/13 CONTRACT NO. 6618 Page 52 of 136 "(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid." If the Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for the same portion of the work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor's total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as otherwise provided in the Code. As provided in Section 41 07, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Section 411 0 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (1 0) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract, and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted ., ~;;' Revised 1/30/13 CONTRACT NO. 6618 Page 53 of 136 below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. r. •+' Revised 1/30/13 CONTRACT NO. 6618 Page 54 of 136 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifications, to which the Engineer shall have access at all times. The specifications for the work include the General Provisions, project technical specifications, Carlsbad Engineering Standards (CES), Standard Specifications for Public Works Construction, (SSPWC), Part 2 & 3, and the latest supplements thereto, current edition at the time of bid opening as published by the "Greenbook" Committee of Public Works Standards, Inc., hereinafter designated "SSPWC", as amended. The construction plans consist of one (1) set of drawings. The set is designated as City of Carlsbad Drawing No. 273-3G and consists of nine (9) sheets. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Engineering Standards and Carlsbad Standard Drawings, as issued by the City of Carlsbad and the Carlsbad Municipal Water District, hereinafter designated as CES and CSD, respectively. Copies of some of the pertinent standard drawings are enclosed as an appendix to these General Provisions. The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Specifications and not shown on the Plans, or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Change orders, whichever occurs last. 3) Contract addenda, whichever occurs last. 4) Contract 5) Carlsbad General Provisions, Technical Specifications, and Supplemental Provisions. l'\ •+' Revised 1/30/13 CONTRACT NO. 6618 Page 55 of 136 6) Plans. 7) Standards plans. a) City of Carlsbad Standard Drawings. b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) Traffic Signal Design Guidelines and Standards. f) State of California Department of Transportation Standard Plans. g) State of California Department of Transportation Standard Specifications. h) California Manual on Uniform Traffic Control Devices (CA MUTCD). 8) Standard Specifications for Public Works Construction, as amended. 9) Technical Specifications. 1 0) Reference Specifications. 11) Manufacturer's Installation Recommendations Detail drawings shall take precedence over general drawings. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have precedence over general plans. 2-5.2.1 Precedence of Contract Documents, add the following: Where CALTRANS specifications are used to modify the SSPWC or added to the SSPWC by any of the contract documents the CAL TRANS specifications shall have precedence only in reference to the materials and construction materials referred to in the CAL TRANS specifications. The Invitation to Bid, Contract for Public Works, Part 1 of these Supplemental Provisions and Part 1 of the SSPWC, in the order of precedence in Section 2-5.2 of the SSPWC, shall prevail over the CAL TRANS specifications in all other matters. 2-5.3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in 2-5.3.2, 2-5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the Engineer. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required by performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals. The Contractor shall allow a minimum of 20 working days for review of submittals unless otherwise specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal. Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. {'\ •+' Revised 1/30/13 CONTRACT NO. 6618 Page 56 of 136 The Letter of Transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: __________________________ ___ Title:-------------- Date: ____________________________ __ Company Name: _____________________________ _ 2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to clearly show all necessary details. Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be returned to the Contractor. If revisions are required, the Engineer will return one copy along with the reproducible for resubmission. Upon acceptance, the Engineer will return two of the copies to the Contractor and retain the remaining copies and the reproducible. Working drawings are required in the following sections: ltent'i, 1 2 3 4 5 6 7 8 9 10 11 12 7-10.4.1 207-2.5 207-8.4 207-10.2.1 300-3.2 303-1.6.1 303-1.7.1 303-3.1 304-1.1.1 304-1.1.2 304-2.1 306-2.1 l' •+f Revised 1/30/13 TABLE 2-5.3.2 (A) Title · Safety Orders Joints Joints General Cofferdams General General General Shop Drawings Falsework Plans General General CONTRACT NO. 6618 Subj~t Trench Shoring Reinforced Concrete Pipe Vitrified Clay Pipe Fabricated Steel Pipe Structure Excavation & Backfill Falsework Placing Reinforcement Prestressed Concrete Construction Structural Steel Structural Steel Metal Hand Railings Jacking Operations Page 57 of 136 13 306-3.1 14 306-3.4 15 306-6 16 306-8 17 307-4.3 General Tunnel Supports Remodeling Existing Sewer Facilities Microtunneling Controller Cabinet Wirin Dia rams Tunneling Operations Tunneling Operations Polyethylene Liner Installation Microtunneling Operations Traffic Si nal Construction Working drawings listed above as Items 5, 6, 8, 9, 10, 12, 13, 14 and 16 shall be prepared by a Civil or Structural Engineer registered by the State of California. 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions. 2-5.3.4 Supporting Information. Supporting information is information required by the Specifications for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by the Engineer. Six copies of the. supporting information shall be submitted to the Engineer prior to the start of the Work unless otherwise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items for the system. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions: 1) List of Subcontractors per 2-3.2. 2) List of Materials per 4-1.4. 3) Certifications per 4-1.5. 4) Construction Schedule per 6-1. 5) Confined Space Entry Program per 7-10.4.4. 6) Concrete mix designs per 201-1.1. 7) Asphalt concrete mix designs per 203-6.1. 8) Data, including, but not limited to, catalog sheets, manufacturer's brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for irrigation systems, street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or system. 2-5.4 Record Drawings. The Contractor shall provide and keep up-to-date a complete "as- built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at no cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (1 0) days of completion of the work. Payment for performing the work required by Section 2-5.4 shall be included in the various bid items and no additional payment will be made therefore. 2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish all materials, equipment, tools, labor, and incidentals necessary to complete the Work. I' •f' Revised 1/30/13 CONTRACT NO. 6618 Page 58 of 136 2-7 SUBSURFACE DATA. All soil and test hole data, water table elevations, and soil analyses shown on the drawings or included in the Specifications apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are available for inspection at the office of the Engineer. Any additional subsurface exploration shall be done by Bidders or the Contractor at their own expense. The indicated elevation of the water table is that which existed on the date when test hole data was determined. It is the Contractor's responsibility to determine and allow for the elevation of groundwater at the date of project construction. A difference in elevation between groundwater shown in soil boring logs and groundwater actually encountered during construction will not be considered as a basis for extra work. 2-7.1 Groundwater. Groundwater will be encountered within the project limits. The CONTRACTOR, by submitting a bid, acknowledges that he/she has investigated the risks arising from surface, ground or other waters, and acknowledges that his/her bid was prepared assuming the water is present and the dewatering work will be conducted accordingly. The CONTRACTOR, by submitting a bid, assumes all of the said risk. The Contractor shall provide and maintain at all times during construction ample means and devices to promptly remove and properly dispose of all the water entering the excavations or other parts of the work to the satisfaction of the City Engineer. Dewatering shall be accomplished by methods, which will ensure a dry excavation and preservation of the final lines and grades of the bottoms of excavations. The chose method may include, but not be limited to, cofferdams, well points, piping, French drains, etc., as necessary to accomplish the above and shall be designated by the CONTRACTOR's civil engineer and shall be the sole responsibility of the CONTRACTOR. Groundwater shall be discharged into the sewer; however, discharge rate and quantity of discharged groundwater shall not exceed the capacity of the sanitary sewer system it is discharging into. The CONTRACTOR shall submit to the city engineer a dewatering plan indicating the rate of discharge (gallons per minute) for dewatering along with any proposed pre- treatment process necessary to remove suspended solids and obtain necessary permits. The disposal of water from dewatering operations shall be the sole responsibility of the Contractor. Disposal methods shall conform to the Porter-Cologne Water Quality Act, 197 4, the Federal Water Pollution Control Act Amendments of 197s, and the California Administrative Code, Title 23, Chapter 3, and the Federal NPDES requirement's without damaging or soiling adjacent City, County, State, or private property. Water shall be disposed of in such a manner as not to be a menace to the public health and such disposal shall be performed in accordance with Environmental Protection Agency and State Water Quality Control Board Standards (NPDES permit). Any testing and reports required under NPDES permit shall be performed by the CONTRACTOR and submitted to the appropriate agency and the Engineer for approval at no additional cost to the DISTRICT. Conveyance of the water shall not interfere with traffic flow or sewer treatment facilities operations. No water shall be drained into the work under construction without prior consent of the Engineer. l' •+' Revised 1/30/13 CONTRACT NO. 6618 Page 59 of 136 The CONTRACTOR shall conduct his operation such that storm and other waters may proceed uninterrupted along their existing street or drainage courses. Diversion of water for short reaches to protect construction in progress will be permitted if in the opinion of the Engineer, public or private properties are not subject to damage. The CONTRACTOR shall obtain and submit to the DISTRICT written permission from the applicable public agency or property owner before the Engineer will permit any diversion of water outside the right-of-way. It shall be the CONTRACTOR's responsibility to control the surface water entering the work area at no additional cost to the city. The CONTRACTOR shall correct damage to the work area as the result of surface water at no cost to the city. If groundwater testing during construction is found to be contaminated, the CONTRACTOR shall provide, install, maintain and operate the equipment necessary to treat the contaminated groundwater to bring it to compliance with the dewatering and discharging permits from the California Regional Water Quality Control Board. The Contractor shall protect any graded aggregate backfill that has been placed from any water; i.e., rain, drainage, etc. If the graded aggregate backfill becomes statu red by water in the opinion of the engineer, the CONTRACTOR shall remove the wet graded aggregate backfill and replace it with dry graded aggregate backfill at no cost to the city as directed by the engineer. Cost for protection of the placed graded aggregate backfill, including labor, equipment and materials, shall be included in the bid item for graded aggregate backfill and no additional compensation will be made therefore. If the material at subgrade is unstable due to high moisture content, the CONTRACTOR shall remove the material to a depth of 18" below pipe and re-establish subgrade with graded aggregate backfill at not less than 95% relative compaction to re-establish the subgrade prior to placement of graded aggregate as per plan. The CONTRACTOR may provide other methods of subgrade stabilization upon approval of the engineer. 2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be provided by the Agency. Unless otherwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers. The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by§§ 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. l"\ •+' Revised 1/30/13 CONTRACT NO. 6618 Page 60 of 136 2-9.2 Survey Service. The Contractor shall hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. 2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to the requirements of Section 2-5.3.3, "Submittals", herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (81/2" by 11") paper. The field notes, calculations and supporting data shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labeled with name of the Surveyor, the party chief, the field crewmembers and the author of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in conformance with the CAL TRANS "Surveys Manual". The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with §§ 8700 -8805 of the State of California Business and Professions Code when the Surveyor performs any surveying that such map is required under §§ 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer's review and approval before submittal to the County Surveyor and before submittal to the County Recorder. 2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing. Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal locations where the curb is not being built as a part of this contract. Staking and marking shall be completed by the Surveyor and inspected and approved by the Engineer before the start of construction in the area marked. Centerline monument shall have the disk stamped with the date the monument was set and the registration number of the Surveyor. Habitat mitigation sites and other areas to be preserved that are shown on the plans shall be staked and flagged prior to the start of any other activities within the limits of the work. When curb and gutter does not exist and is not being installed as a part of the project the location of adjacent facilities being constructed as a part of the contract the Contractor shall place stakes defining the horizontal and vertical location of such adjacent utility vaults, poles or other facilities that are being installed as parts of, or adjunct to, the project either by the Contractor and/or those noted on the plans as to be installed by others. {"\ • ., Revised 1/30/13 CONTRACT NO. 6618 Page 61 of 136 TABLE 2-9.2.2(A) Survey Requirements for Construction Staking Feature Staked Stake Centerline or Parallel to Centerline Lateral Setting Tolerance Description Spacing®,® Spacing®,® {Within) <I> Street Centerline SDRS M-10 ::;1000', Street Intersections, Begin and end of on street 0.02' Monument curves, only when shown on the plans centerline Horizontal, also see Section 2-9.2.1 herein Clearing Lath in soil, lath-lntervisible,::; 50' on tangents at clearing line 1' Horizontal painted line & ::; 25' on curves, Painted line -continuous on PCC &AC surfaces Slope RP +Marker lntervisible and::; 50' Grade Breaks 0.1' Vertical & Stake &::;25' Horizontal Fence RP +Marker ::; 200' on tangents, ::; 50' on curves when N/A 0.1' Horizontal Stake R~ 1 000' & 25' on curves when R::; 1 000' (constant offse!l_ Rough Grade Cuts RP +Marker ::;50' N/A 0.1' Vertical & orFills~10m Stake Horizontal (33') Final Grade RP +Marker ::; 50' on tangents & curves when R~ 1 000' & ::;22' 3Js" Horizontal & 1/4" (includes top of: Stake, Blue-::; 25' on curves when R ::; 1 000' Vertical Basement soil, top in grading subbase and area base) Asphalt Pavement RP, paint on ::; 25' or as per the intersection grid points edge of 3/e" Horizontal & 114'' Finish Course previous shown on the plan whichever provides the pavement, Vertical course denser information paving pass width, crown line & grade breaks Drainage RP +Marker intervisible & ::; 25', beginning and end, BC & as appropriate 3Js" Horizontal & 114'' Structures, Pipes Stake EC of facilities, Grade breaks, Alignment Vertical & similar breaks, Junctions, Inlets & similar facilities, FacilitiesCD, 0 Risers & similar facilities (except plumbing), Skewed cut-off lines Curb RP +Marker ::; 25', BC & EC, at Y4~. Y2~ & Y.~ on curb (constant 3Js" Horizontal & 1/4'' Stake returns & at beginning & end offset) Vertical Traffic Signal CD Vertical locations shall be based on the ultimate elevation of curb and sidewalk Signal Poles & RP +Marker at each pole & controller location as appropriate 3Js" Horizontal & 114'' Controller CD Stake Vertical Junction Box CD RP +Marker at each junction box location as appropriate 3Js" Horizontal & 114'' Stake Vertical Conduit CD RP +Marker ::; 50' on tangents & curves when R~ 1 000' & as appropriate 3/e" Horizontal & when Stake ::; 25' on curves when R ::; 1 000' or where depth cannot be grade ::; 0.30% measured from existing pavement 114'' Vertical Minor Structure CD RP +Marker for catch basins: at centerline of box, ends of as appropriate 3/e" Horizontal & 1 U' Stake+ Line box & wings & at each end of the local Vertical (when vertical Stake d~ession ~ data needed) Abutment Fill RP +Marker ::; 50' & along end slopes & conic transitions as appropriate 0.1' Vertical & Stake+ Line Horizontal Stake ,, •+' Revised 1/30/13 CONTRACT NO. 6618 Page 62 of 136 Feature Staked Stake Centerline or Parallel to Centerline Lateral Setting Tolerance Description Spacing®, ® Spacing®,® (Within) @ Wall CD RP +Marker :;; 50' and at beginning & end of: each wall, BC as appropriate 114'' Horizontal & 1/4" Stake+ Line & EC, layout line angle points, changes in Vertical Point +Guard footing dimensions &/or elevation & wall Stake height Major Structure ~ Footings, Bents, RP +Marker 1 0' to 33' as required by the Engineer, BC & as appropriate 3fe" Horizontal & 1/4" Abutments & Stake+ Line EC, transition points & at beginning & end. Vertical Wingwalls Point +Guard Elevation points on footings at bottom of Stake columns Superstructures RP 1 0' to 33' sufficient to use string lines, BC & as appropriate 3/s" Horizontal & 114'' EC, transition points & at beginning & end. Vertical Elevation points on footings at bottom of columns Miscellaneous ~ Contour Grading RP +Marker ::;50' along contour 0.1' Vertical & CD Stake line Horizontal Utilities CD, 0 RP +Marker :::; 50' on tangents & curves when R~ 1 000' & as appropriate 3fe" Horizontal & 114'' Stake :::; 25' on curves when R :;; 1 000' or where Vertical grade < 0.30% Channels, Dikes RP +Marker intervisible & :::; 1 00', BC & EC of facilities, as appropriate 0.1' Horizontal & W' & Ditches CD Stake Grade breaks, Alignment breaks, Junctions, Vertical Inlets & similar facilities Signs CD RP +Marker At sign location Line point 0.1' Vertical & Stake+ Line Horizontal Point +Guard Stake Subsurface RP +Marker intervisible & :;; 50', BC & EC of facilities, as appropriate 0.1' Horizontal & W' Drains CD Stake Grade breaks, Alignment breaks, Junctions, Vertical Inlets & similar facilities, Risers & similar facilities Overside Drains RP +Marker longitudinal location At beginning & 0.1' Horizontal & 114'' CD Stake end Vertical Markers CD RP +Marker for asphalt street surfacing :::; 50' on tangents At marker 114'' Horizontal Stake & curves when R~ 1000' & :::; 25' on curves location(s) when R:::; 1000'. Railings & RP +Marker At beginning & end and :::; 50' on tangents & at railing & 3/s" Horizontal & Barriers CD Stake curves when R ~ 1 000' & :::; 25' on curves barrier Vertical when R :::; 1 000' location(s) AC Dikes CD RP +Marker At beginning & end as appropriate 0.1' Horizontal & Stake Vertical Box Culverts 1 0' to 33' as required by the Engineer, BC & as appropriate %" Horizontal & 1/4" EC, transition points & at beginning & end. Vertical Elevation points on footings & at invert Pavement RP 200' on tangents, 50' on curves when at pavement 114'' Horizontal Markers CD R ~ 1 000' & 25' on curves when R :::; 1 000'. marker For PCC surfaced streets lane cold joints will location(s) suffice CD Stakmg for feature may be om1tted when adjacent marker stakes reference the offset and elevat1on of those features and the accuracy requirements of the RP meet the requirements for the feature @ Reference points shall be sufficiently durable and set securely enough to survive with accuracy intact throughout the installation & inspection of the features or adjacent facilities for which they provide control. RP means reference point for the purposes of this table ® Perpendicular to centerline. ® Some features are not necessarily parallel to centerline but are referenced thereto ~ Multi-plane surfaced features shall be staked so as to provide line & grade information for each plane of the feature l' • ., Revised 1/30/13 CONTRACT NO. 6618 Page 63 of 136 ® ;::: means greater than, or equal to, the number following the symbol. ~ means less than, or equal to, the number following the symbol. <V The cut datum for storm drainage & sanitary sewer pipes & similar structures shall be their invert. The cut datum for all other utilities shall be the top of their pipe or conduit. All guard stakes, line stakes and lath shall be flagged. Unless otherwise approved by the Engineer flagging, paint and marking cards shall be the color specified in TABLE 2-9.2.2(8) TABLE 2-9.2.2(B) S St k C I C d f C t f St k" urvey a e o or o e or ons rue Jon a mg Type of Stake Description Color* Horizontal Control Coordinated control points, control lines, control reference points, centerline, White/Red alignments, etc. Vertical Control Bench marks White/Orange ClearinQ Limits of clearing Yellow/Black Grading Slope, intermediate slope, abutment fill, rough grade, contour grading, final Yellow grade, etc. Structure Bridges, sound and retaining walls, box culverts, etc. White Drainage, Sewer, Curb Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm Blue drains, slope protection, curbs, gutters, etc. Right-of-Way. Fences, R/W lines, easements,property monuments, etc. WhiteN ell ow Miscellaneous Signs, railings, barriers, lighting, etc. Orange * Flagg1ng and markmg cards, 1f used. 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.2.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made. Payment for the replacement of disturbed monuments and the filing of records of survey and/or corner records, including filing fees, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made. 2-9.3 Private Engineers. Surveying by private engineers on the Work shall conform to the quality and practice required by the Engineer. 2-9.4 Line and Grade. All work shall conform to the lines, elevations, and grades shown on the Plans. Three consecutive points set on the same slope shall be used together so that any variation from a straight grade can be detected. Any such variation shall be reported to the Engineer. In the absence of such report, the Contractor shall be responsible for any error in the grade of the finished work. Grades for underground conduits will be set at the surface of the ground. The Contractor shall transfer them to the bottom of the trench. 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications. The Contractor shall promptly comply with instructions from the Engineer or an authorized representative. l' •+' Revised 1/30/13 CONTRACT NO. 6618 Page 64 of 136 The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless otherwise ordered by the Board. 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Contractor shall notify the Engineer before noon of the working day before inspection is required. Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized representatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these specifications. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract. SECTION 3 -CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the interests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency. {'\ • ., Revised 1/30/13 CONTRACT NO. 6618 Page 65 of 136 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are involved, shall provide for the Contractor's signature indicating acceptance. 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid quantity by more than 50 percent, payment will be made per Section 3-2.2.2 or 3- 2.2.3 as appropriate. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 3-2.4. 3-2.2.2 Increases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans . and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. 3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the l"\ • ., Revised 1/30/13 CONTRACT NO. 6618 Page 66 of 136 Contractor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement cannot be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as otherwise specified in Sections 3-2.2.2 and 3-2.2.3. 3.2.4.1 Schedule of Values. Prior to construction, Contractor shall provide a schedule of values for all lump sum bid items that shall be used for the purpose of progress payments. The prices shall be valid for the purpose of change orders to the project. 3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material cannot be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid. Nondirect labor costs, including superintendence, shall be considered part of the markup of Section 3-3.2.3 (a). l"\ • .,. Revised 1/30/13 CONTRACT NO. 6618 Page 67 of 136 (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CAL TRANS, current at the time of the actual use of the tool or equipment. The right- of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer's ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer. The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site. (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, services, material, and equipment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the Contractor or Subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors' invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. l' •+' Revised 1/30/13 CONTRACT NO. 6618 Page 68 of 136 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ..................................................... 20 2) Materials ................................................ 15 3) Equipment Rental .................................. 15 4) Other Items and Expenditures ............... 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized. Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. The report shall: 1. . Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. 3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. 4. Describe other services and expenditures in such detail as the Agency may require. 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the following Work site conditions (hereinafter called changed conditions), in writing, upon their discovery and before they are disturbed: 1. Subsurface or latent physical conditions differing materially from those represented in the Contract; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and '-' •+' Revised 1/30/13 CONTRACT NO. 6618 Page 69 of 136 3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that conditions are changed conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees. The Contractor's failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code Sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." By: ____________________________ ___ Title: --------------------------- Date: ____________________________ __ Company Name: ________________________________________________________ _ l' • .,. Revised 1/30/13 CONTRACT NO. 6618 Page 70 of 136 The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the work. Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer, Construction Management & Inspection 4. City Engineer 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 201 04) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. l' •+' Revised 1/30/13 CONTRACT NO. 6618 Page 71 of 136 (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. l' wf' Revised 1/30/13 CONTRACT NO. 6618 Page 72 of 136 (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.1 0) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.1 0) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3. {'\ • ., Revised 1/30/13 CONTRACT NO. 6618 Page 73 of 136 SECTION 4-CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the generally accepted standards. Material and work quality shall be subject to the Engineer's approval. Materials and work quality not conforming to the requirements of the Specifications shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so directed by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable notice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. Used or secondhand materials, parts, and equipment may be used only if permitted by the Specifications. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Contractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract. The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the Contract. 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. Steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in all sizes are acceptable upon certification as to compliance with the Specifications, subject to sampling and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspection at the job site only. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source, normally only for performance testing. The Specifications may require inspection at the source for other items not typical of those listed in this section. The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, {'\ •+' Revised 1/30/13 CONTRACT NO. 6618 Page 74 of 136 Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to purchase materials, fabricated products, or equipment from sources located more than 50 miles outside the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equipment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The Contractor shall forward reports required by the Engineer. No material or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without proper inspection by the approved agent. Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements. 4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory services within 50 miles of the geographical limits of the Agency. For private contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the permittee. 4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the Engineer. Unless otherwise provided, all initial testing will be performed under the direction of the Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing, it will be stated in the Specifications. For private contracts, the testing expense shall be borne by the permittee. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to renotify the Engineer when samples which are representative may be obtained. Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications, Technical Specification, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after irworporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after l' •+' Revised 1/30/13 CONTRACT NO. 6618 Page 75 of 136 improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifications and accept the manufacturer's written certification that the materials to be supplied meet those requirements. Material test data may be required as part of the certification. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or equipment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the contract documents. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer's findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. l' •fi' Revised 1/30/13 CONTRACT NO. 6618 Page 76 of 136 The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regulations pertaining to weighing devices. A certificate of compliance shall be presented, prior to operation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator's platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other operating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. 4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain-measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed 12 months and following repairs, modification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Engineer. 4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Modified Asphalts}. In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the Agency and the Contractor will initiate an immediate and cooperative investigation. Test values of materials are results of the materials' tests, as defined by these Specifications or by the special provisions, required to accept the Work. Credible evidence is process observations or test values gathered using industry accepted practices. A contradiction exists whenever test values or process observations of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect. The investigation shall allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available information and, when necessary, gather new and additional information in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the cooperative investigation concluded. Whenever the cooperative investigation is unable to reach resolution, the investigation may then either conclude without resolution or continue by written notification of one party to the other requesting the implementation of a resolution process by committee. The continuance of the investigation shall be contingent upon recipient's agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledgement, the investigation shall conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a continuance of the cooperative investigation and will re-consider all available information and if necessary gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using standard engineering principles and practices and to ensure public value, the {"\ •+f Revised 1/30/13 CONTRACT NO. 6618 Page 77 of 136 committee may provide engineering recommendations as necessary. Unless otherwise agreed, the committee will have 30 calendar days from its formation to complete their review and submit their findings. The final resolution of the committee shall be by majority opinion, in writing, stamped and signed. Should the final resolution not be unanimous, the dissenter may attach a written, stamped, and signed minority opinion. Once started, the resolution process by committee shall continue to full conclusion unless: 1. Within 7 days of the formation of the committee, the Agency and the Contractor reach an acceptable resolution mechanism; or 2. Within 14 days of the formation of the committee, the initiating party withdraws its written notification and agrees to bear all investigative related costs thus far incurred; or 3. At any point by the mutual agreement of the Agency and the Contractor. Unless otherwise agreed, the Contractor shall bear and maintain a record for all the investigative costs until resolution. Should the investigation discover assignable causes for the contradiction, the assignable party, the Agency or the Contractor, shall bear all costs associated with the investigation. Should assignable causes for the contradiction extended to both parties, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation substantiate a contradiction without assignable cause, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substantiate a contradiction, the initiator of the investigation shall bear all investigative costs. All claim notification requirements of the contract pertaining to the contradiction shall be suspended until the investigation is concluded. 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in Section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. {'\ ·~ Revised 1/30/13 CONTRACT NO. 6618 Page 78 of 136 SECTION 5-UTILITIES 5-1 LOCATION. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the Contractor shall assume that every property parcel will be served by a service connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall contact the regional notification center (Underground Service Alert of Southern California) and obtain an inquiry identification number. The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for location of its subsurface installations. The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-2 PROTECTION. The Contractor shall not interrupt the service function or disturb the support of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless otherwise provided, furnish and place the necessary protection at its expense. Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in Section 5-1. When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense: 1. Furnish and install a 2 inch cushion of expansion joint material or other similar resilient material; or 2. Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular space between the concrete and the utility; or 3. Provide other acceptable means to prevent embedment in or bonding to the concrete. l'\ •+r Revised 1/30/13 CONTRACT NO. 6618 Page 79 of 136 Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic protection system is exposed or damaged by the Contractor's operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system. 5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering portions of utilities shown on the Plans or indicated in the Bid documents as "abandoned" or "to be abandoned in place". Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. 5-4 RELOCATION. When feasible, the owners responsible for utilities within the area affected by the Work will complete their necessary installations, relocations, repairs, or replacements before commencement of work by the Contractor. When the Plans or Specifications indicate that a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except for manhole frame and cover sets to be brought to grade as provided in the Standard Specifications for Public Works Construction, Section 301-1.6, 2015 Edition, and supplements. Utilities which are relocated in order to avoid interference shall be protected in their position and the cost of such protection shall be included in the Bid for the items of work necessitating such relocation. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-2. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs. The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and property line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid for in accordance with provisions of Section 3-3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved in any such agreement. In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. l' •fi' Revised 1/30/13 CONTRACT NO. 6618 Page 80 of 136 Such temporary om1ss1on shall be for the Contractor's convenience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. 5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notification shall be included as a part of the construction schedule required in Section 6-1. The Contractor shall notify the Engineer in writing of any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with Section 5-1. The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing work correctly shown on the Plans. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. If the Contractor sustains loss due to delays attributable to interferences, relocations, or alterations not covered by Section 5-1, which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor's actual loss as was unavoidable and the Contractor may be granted an extension of time. 5-6 COOPERATION. When necessary, the Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work. SECTION 6 -PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within five (5) calendar days after receipt of the "Notice to Proceed". 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for {"\ •+' Revised 1/30/13 CONTRACT NO. 6618 Page 81 of 136 default by Contractor per Section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of Section 2-5.3. 6-1.2.1 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.2.2 Engineer's Review. The Construction Schedule is subject to the review of the Engineer. The Engineer's determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer's determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions within thirty (30) working days after the date of the preconstruction meeting shall be grounds for termination of the contract per Section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days. The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per Sections 6-1.2.10.1 through 6-1.2.10.3. 6-1.3.1 Bar Chart Monthly Updates. Each monthly update will include a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.4 Measurement and Payment of Construction Schedule. The Contractor's preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefore. 6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to restore street and other work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligently prosecute the Work to completion. If the Engineer determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as described herein shall be included in the Contractor's Bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps. As soon as possible under the provisions of the Specifications, the Contractor shall backfill all excavations and restore to usefulness all improvements existing prior to the start of the Work. l' • ., Revised 1/30/13 CONTRACT NO. 6618 Page 82 of 136 If Work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability. 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. The work includes mobilization, setting up staging area on College Avenue, survey, setting up limit of work/environmental fence, installation of construction BMP's, clearing and grubbing, install creek by-pass, salvage materials from grouted rip rap and temporary riprap slope protection, , construct boulder steps, install foundation boulder and gravel bed, restoring stream bank (slope preparation and install engineered fill), install rock spillway, install stilling pool, install bioengineered cribwall, obtain and prep cuttings, install fabric encapsulated soil, soil testing for planted areas, fine grading and soil preparation, install irrigation and set up water source, seeding, container plant installation, cutting installation, installation of Fabric Encapsulated Soil, watering, site clean-up and restoration of staging area and easement. 6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project Meetings. The Contractor's Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under Section 7-6, "The Contractor's Representative". No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3. 6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of archaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by the Engineer. Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of Section 6-6. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency's interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. l' •+' Revised 1/30/13 CONTRACT NO. 6618 Page 83 of 136 The Contract may be canceled by the Board without liability for damage, when in the Board's opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board's consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that part, and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law. 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications. No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof. The proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule. l' •fi' Revised 1/30/13 CONTRACT NO. 6618 Page 84 of 136 If delays beyond the Contractor's control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. The Contractor will not be entitled to damages or additional payment due to such delays, except as provided in Section 6-6.3. If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for non-controlling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7 TIME OF COMPLETION. 6-7.1 General. The Contractor shall complete the Work within the time set forth in the Contract. The Contractor shall complete each portion of the Work within such time as set forth in the Contract for such portion. The time of completion of the Contract shall be expressed in working days. The Contractor shall diligently prosecute the work to completion within forty five (45) working days after the starting date specified in the Notice to Proceed to construct the project. 6-7.2 Working Day. A working day is any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1. Saturday, 2. Sunday, 3. any day designated as a holiday by the Agency, 4. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association, 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1 , l' •+' Revised 1/30/13 CONTRACT NO. 6618 Page 85 of 136 6. any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6.1. Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00a.m. and 4:00p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. 6-7.4 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. Otherwise, the statement will be deemed to have been accepted. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engineer for acceptance upon receipt of the Contractor's written assertion that the Work has been completed. The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Agency may perform this work and the Contractor's sureties shall be liable for the cost thereof. 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with Section 6- 6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of two hundred fifty ($250.00). Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. {'\ •f' Revised 1/30/13 CONTRACT NO. 6618 Page 86 of 136 Execution of the Contract shall constitute agreement by the Agency and Contractor that two hundred fifty ($250.00).per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to take over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified in writing in advance of such action. Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence. The Contractor will not be required to reclean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. In the event the Agency exercises its right to place into service and utilize all or part of any completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. SECTION 7 -RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public Works Contract. The cost of this insurance shall be included in the Contractor's Bid. ~~ •~ Revised 1/30/13 CONTRACT NO. 6618 Page 87 of 136 7-4 WORKERS' COMPENSATION INSURANCE. Before execution of the Contract by the Board, the Contractor shall file with the Engineer the following signed certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execution of the Contract. The Agency, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph. All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefore. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overload, blasting, and demolition. For private contracts, the Contractor shall obtain all permits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-5.1 Resource Agency Permits. Resource agency permits for the project are included in the Appendices of these supplemental provisions. Resource agency permits pertaining to this project include: 1) US Army Corps of Engineers Nationwide Permit SPL-2015-00840-WSZ dated December 7, 2015. 2) California Department of Fish and Wildlife No. 1600-2015-0238-R5 dated January 20, 2016. 3) Regional Water Quality Control Board RS-2015-0184:819481 :amonji dated January 27, 2016. 4) City of Carlsbad Special Use Permit SUP 15-02 dated April 20, 2016. 7-6 THE CONTRACTOR'S REPRESENTATIVE. Before starting work, the Contractor shall designate in writing a representative who shall have complete authority to act for it. An alternative l"\ •+' Revised 1/30/13 CONTRACT NO. 6618 Page 88 of 136 representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. In order to communicate with the Agency, the Contractor's representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work. The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference. The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others. The Contractor will not be entitled to additional compensation from the Agency for damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall furnish and operate a self- loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish {'\ •.,-Revised 1/30/13 CONTRACT NO. 6618 Page 89 of 136 so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered {'\ Wf' Revised 1/30/13 CONTRACT NO. 6618 Page 90 of 136 incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number R-9-2015-0100, Construction General Permit and amendments thereto, Waste Discharge Requirements (WDR's) for Discharges of Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. 7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic concrete, or other acceptable material will be permitted when necessary. Such dams shall be removed from the site as soon as their use is no longer necessary. 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall be done in conformance with 307-1.5. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor's operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. {'\ •+' Revised 1/30/13 CONTRACT NO. 6618 Page 91 of 136 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor shall receive approval of a Temporary Traffic Control Plan for the Staging Area on College Avenue. Employee parking and vehicles and materials not in use shall be stored in the Staging Area on College Avenue. Only vehicles and materials to be used for each days operation shall be placed in the work zone and on-site Staging Area. No access to the site before 7:00AM is permitted. No fueling or servicing of vehicles is allowed on-site. No work is permitted after 4:00PM. The Contractor's operations shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided. Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service stations and motels; hospitals; police and fire stations; and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer. Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian crossings of the Work at intervals not exceeding 90 m (300 feet), shall be maintained unless otherwise approved by the Engineer. Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. If backfill has been completed to the extent that safe access may be provided, and the street is opened to local traffic, the Contractor shall immediately clear the street and driveways and provide and maintain access. The Contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. Seventy-two hours prior to the set up of the temporary traffic control in College Blvd. (in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes), the Contractor shall give written notification of the impending disruption. Residences on Foxtail Loop whose properties back up to College Blvd. shall receive the notification. The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24-hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and l' •+' Revised 1/30/13 CONTRACT NO. 6618 Page 92 of 136 durability to 65 lb. card stock. The printing on the notice shall be no smaller than 12 point. An example of such notice is provided in Appendix "A". In addition to the notifications, the contractor shall post no parking signs 72 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 72 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 72 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. The contractor shall replace all street markings and striping damaged by construction activities. The Contractor shall include in its Bid all costs for the above requirements. 7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways for more than 5 days after unloading. All materials or equipment not installed or used in construction within 5 days after unloading shall be stored elsewhere by the Contractor at its expense unless authorized additional storage time. Construction equipment shall not be stored at the Work site before its actual use on the Work and shall be removed after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer. Excavated material, except that which is to be used as backfill in the slope, shall not be stored in public streets unless otherwise permitted. After placing backfill, all excess material shall be removed immediately from the site. 7-10.3 Street Closures, Detours, Barricades. The Contractor shall comply with all applicable State, County, and City requirements for closure of streets. The Contractor shall provide barriers, guards, lights, signs, temporary bridges, flagpersons, and watch persons. The Contractor shall be responsible for compliance with additional public safety requirements which may arise. The Contractor shall furnish and install signs and warning devices and promptly remove them upon completion of the Work. After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following: 1) The Engineer ................................................................................ . 2) Carlsbad Fire Department Dispatch .............................................. . 3) Carlsbad Police Department Dispatch ........................................... . 4) Carlsbad Traffic Signals Maintenance (extension 2937) ................ . 5) Carlsbad Traffic Signals Operations .............................................. . 6) North County Transit District ......................................................... . 7) Waste Management ...................................................................... . ." \.+' Revised 1/30/13 CONTRACT NO. 6618 (760) 602-2720 (760) 931-2197 (760) 931-2197 (760) 438-2980 (760) 602-2752 (760) 967-2828 (760) 929-9400 Page 93 of 136 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's written approval prior to deviating from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. The Contractor shall secure approval, in advance, from authorities concerned for the use of any bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit, with signs and posting conforming to current requirements covering "signs" as set forth in the Traffic Manual published by the California Department of Transportation. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required. All costs involved shall be included in the Bid. Traffic controls shall be in accordance with the plans, The California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and these provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of Section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of Section 214-5.1.et seq. All temporary reflective channelizers shall conform to the provisions of Section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of Section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to Section 210-1.6 for materials and Section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in Section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CAL TRANS "Standard Specifications", except the sleeves shall be 7" long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any Section closed to public traffic. Whenever the Contractor's vehicles or l' •f' Revised 1/30/13 CONTRACT NO. 6618 Page 94 of 136 equipment are parked on the shoulder within 6' of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 25' intervals to a point not less than 25' past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A W20-1 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer. 7-10.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer than 6', nor operate equipment within 2' from any traffic lane occupied by traffic. For equipment the 2' shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Engineer has given written authorization to the reduction in clearance that is specific to the time, duration and location of such waiver, when such reduction is shown on the traffic control plans included in these contract documents, when such reduction is shown on the traffic control plans prepared by the Contractor and approved by the Engineer or for the work of installing, maintaining and removing traffic control devices. As a condition of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers. During the entire construction, a minimum of one 12' wide lane, except Highland Drive where minimal lane width is 1 0' wide, shall be open for use by public traffic in each direction of travel. 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and provisions under "Maintaining Traffic" elsewhere in these Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until the Contractor has submitted its plan to the Engineer and has received the Engineer's written approval of said plan. 7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the minimum standards specified in the California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003, as amended for use in California) published by CALTRANS. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be {'\ •fi' Revised 1/30/13 CONTRACT NO. 6618 Page 95 of 136 performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed by grinding. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans {TCP) are included in the project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construction activities that are located within the traveled way. The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The Contractor must submit the TCP for the Engineer's review in conformance with the requirements of Section 2-5.3, et seq. and obtain the Engineer's approval of the TCP prior to implementing them. The minimum 20-day review period specified in Section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer's review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the traveled surface differs from the finished pavement elevation vertical curves must also be shown. 7-10.3.7 Payment. The Contractor shall provide traffic control at the contract lump sum price bid. The contract lump sum price paid for "traffic control" shall include full compensation for furnishing all labor (including flagging costs), materials (including signs), tools, equipment and incidentals, and for doing all the work involved in preparation, reproduction and changing of traffic control plans, placing, applying traffic stripes and pavement markers with bituminous adhesive, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the plans and approved additions and modifications, as specified in these supplemental provisions, and as directed by the Engineer. All expenses and time to prepare and review modifications, additions, supplements and/or new TCP designs shall be included in the lump sum bid for traffic control and no additional payment will be made therefore. Flagging costs will be paid for as a part of the Lump Sum Amount for "Traffic Control." The cost of labor and material for portable concrete barriers will be paid for at the unit price bid. When there is no bid item the cost of labor and material for portable concrete barriers they will be paid as an incidental to the work being performed and no additional payment will be made therefore. Progress payments for "Traffic Control" will be based on the percentage of the improvement work completed. l' •+' Revised 1/30/13 CONTRACT NO. 6618 Page 96 of 136 7-10.4 Safety. 7-1 0.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts of: Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations. Before excavating any trench 5 feet or more in depth, the Contractor shall submit a detailed plan to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for the workers' protection from the hazard of caving ground during the excavation of such trench. If the plan varies from the shoring system standards, the plan shall be prepared by a registered Civil Engineer. No excavation shall start until the Engineer has accepted the plan and the Contractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer. Payment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety are provided, or required by law. 7-1 0.4.2 Use of Explosives. Explosives may be used only when authorized in writing by the Engineer, or as otherwise stated in the Specifications. Explosives shall be handled, used, and stored in accordance with all applicable regulations. The Engineer's approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasting operations. 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions. 7-10.4.4 Confined Spaces. (a) Confined Space Entry Program. The Contractor shall be responsible for implementing, administering and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Title 8, CCR. Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and contain procedures for safe entry into confined spaces, including, but not limited to the following: 1. Training of personnel 2. Purging and cleaning the space of materials and residue 3. Potential isolation and control of energy and material inflow l' •+' Revised 1/30/13 CONTRACT NO. 6618 Page 97 of 136 4. Controlled access to the space 5. Atmospheric testing of the space 6. Ventilation of the space 7. Special hazards consideration 8. Personal protective equipment 9. Rescue plan provisions The Contractor's submittal shall include the names of its personnel, including subcontractor personnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. (b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Section 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit- required confined spaces until the pre-entry procedures demonstrate otherwise. The Contractor shall implement a permit space program prior to performing any work in a permit-required confined space. A copy of the permit shall be available at all times for review by Contractor and Agency personnel at the Work site. (c) Payment. Payment for implementing, administering, and providing all equipment and personnel to perform the CSEP shall be included in the bid items for which the CSEP is required. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall indemnify and hold the Agency harmless from any legal action that may be brought for infringement of patents. 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer's approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and National laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or {'\ •+' Revised 1/30/13 CONTRACT NO. 6618 Page 98 of 136 Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. 7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides: "In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code}, arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the parties." SECTION 8-FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL Field facilities for Agency personnel are not required. SECTION 9-MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9-1.1 General. Unless otherwise specified, quantities of work shall be determined from measurements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis. Unless otherwise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension. The planimeter shall be considered an instrument of precision adapted to measurement of all areas. 9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sections involved. 9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with duplicate licensed weighmaster's certificates showing actual net weights. The Agency will accept the certificates as evidence of weights delivered. 9-1.4 Units of Measurement. The system of measure for this contract shall be the U.S. Standard Measures. l'\ •+' Revised 1/30/13 CONTRACT NO. 6618 Page 99 of 136 9-2 LUMP SUM WORK. Items for which quantities are indicated "Lump Sum", "L.S.", or "Job", shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of work and all work appurtenant thereto. When required by the Specifications or requested by the Engineer, the Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This schedule shall equal the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum. 9-3 PAYMENT 9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accordance with the Plans and Specifications. Upon completion of construction, if the actual quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such contract was awarded. Whenever any portion of the Work is performed by the Agency at the Contractor's request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or becoming due from the Agency. Whenever immediate action is required to prevent injury, death, or property damage, and precautions which are the Contractor's responsibility have not been taken and are not reasonably expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Payment shall not be construed as the transfer of ownership of any equipment or materials to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or otherwise degraded in any way prior to acceptance of the Work, except as provided in Section 6- 10. {'\ •+i' Revised 1/30/13 CONTRACT NO. 6618 Page 100 of 136 Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion." If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency, due to the Contractor's failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws. At the expiration of 35 days from the date of acceptance ofthe Work by the Board, or as prescribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure date for the purpose of making monthly progress payments. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the Agency's payment procedure. Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change .order work and as provided for in Section 9-2 of these General Provisions. Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. From each progress estimate, 10 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from remaining progress estimates and from the final estimate may be limited to $500 or 10 percent of the first half of total Contract amount, whichever is greater. No progress payment made to the Contractor or its sureties will constitute a waiver of the liquidated damages under 6-9. l' •+' Revised 1/30/13 CONTRACT NO. 6618 Page 101 of 136 As provided in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract. After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Section 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written statement required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in Section 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including Sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. l' •+' Revised 1/30/13 CONTRACT NO. 6618 Page 102 of 136 Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Section 3-5, Disputed Work, for those claims remaining in dispute. 9-3.3 Delivered Materials. When provided for in the Specifications, and subject to the limitation and conditions therein, the cost of materials and equipment delivered but not incorporated into the Work will be included in the progress estimate. 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. 9-3.4 Mobilization. When a bid item is included in the Proposal form for mobilization and subject to the conditions and limitations in the Specifications, the costs of work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no such bid item is provided, payment for such costs will be considered to be included in the other items of work. 9-3.4.1 Mobilization and Preparatory Work. The Contract lump-sum price paid for mobilization shall not exceed ten thousand dollars ($1 0,000.00}, and includes full compensation for furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incidentals, and for doing all the work involved in mobilization and preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidental to preparing to conduct work on and off the project site and other offsite facilities necessary for work on the project; for all other facilities, sureties, work and operations which must be performed or costs incurred prior to beginning work on various contract items on or off the project site, excepting those specifically paid for under separate sections of these specifications. The Contractor hereby agrees that the stipulated lump sum amount is sufficient for Mobilization and Preparatory Work, as described in this section, and that the Contractor shall have no right to additional compensation for Mobilization and Preparatory Work. Progress payments for Mobilization and Preparatory Work will be made as follows: For the first progress payment (after the issuance of the Notice to Proceed}, forty percent (40%) of the amount bid for Mobilization and Preparatory Work will be allowed. For the second progress payment, an additional sixty percent (60%) of the amount bid for mobilization and preparatory work will be allowed therefore. 9-4 BID ITEMS. Payment for each Bid Item shall be made at the quantity and type as listed in the Contractor's Proposal. All work shown or mentioned on the plans, in the Contract Documents, General Provisions, or Technical Provisions/Specifications shall be considered as included in the Bid Items. Contractor must protect existing utilities, improvements, landscaping, irrigation systems, and vegetation in place. If damaged during the work, Contractor is responsible to repair or replace any utilities, improvements, landscaping, irrigation systems, and vegetation at his expense. Bid Item Descriptions: Schedule "A" Mobilization (not to exceed $1 0,000) (Bid Item No. 1) Lump Sum Mobilization and demobilization shall consist of all preparatory work and operations which must be performed or costs incurred prior to beginning work on the various Contract items on all project sites. Mobilization shall include but not be limited to the following items: l' • ., Revised 1/30/13 CONTRACT NO. 6618 Page 103 of 136 1. Obtaining and paying for all required Bonds, Insurance Policies (including premiums and incidentals), and Permits if applicable. 2. Submittal of required materials and shop drawings, construction schedule(s) and 3-week look ahead schedule. 3. Establishment of all offices, buildings, construction yards, fencing, on-site staging areas, sanitary facilities, and any other facilities necessary for work at all project related sites. 4. Posting all OSHA required notices and establishment of safety programs. 5. The movement of personnel, equipment, supplies, and incidentals to all project related sites. 6. Developing and installing construction water supply. 7. Notification of residents and businesses. 8. Construction surveying. 9. Installation and maintenance of limit of work fence (Preservation Fencing). 10. Trench shields as required on the plans to protect concrete creek crossing (to be removed nightly) and to protect private bridge. 11. Site clean-up after completion and acceptance of project of on-site and off-site work areas. 12. Good housekeeping practices. 13. Other items relevant to this project and not specifically included in the other bid items. No additional compensation will be allowed for additional mobilizations required, including but not limited to delays caused by the relocation of existing utility facilities shown on the Plans or discovered during construction operations. The deletion of work or the addition of extra work as provided for herein shall be reflected in Contract Change Orders, and shall not affect the price paid for "Initial Mobilization." Payment for "Mobilization" will be made at the unit price bid, which shall constitute full compensation for all such work. Payment for Initial Mobilization will be made as follows: The total price bid for mobilization and related items shall not exceed fifteen percent (15%) of the total Base Bid for the project. The contract unit price paid for mobilization shall include full compensation for furnishing all labor, materials, tool, equipment, the cost of all bonds and insurance policies, and incidentals, and for doing the work involved in mobilization as specified herein. Tier 2 SWPPP and construction Phase BMP's (Bid Item No. 2) Lump Sum The contract lump sum price paid for the SWPPP work shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved in developing, preparing, obtaining approvals, revising and amending the SWPPP, and installing, construction, maintaining, removing and disposing of BMPs as shown in the SWPPP, and as directed by the Engineer, and no additional payment will be made therefor. A Tier 2 construction SWPPP Template is available on the City Website. A sample is included in Appendix "E". Payment for preparation, implementation and monitoring of the SWPPP shall be included in the lump sum price bid; payment will be made on a basis of the percentage of work completed on the entire project. The lump sum bid price shall include payment of application and annual fees required by the SDRCB until the date of the projects' substantial completion and no additional compensation shall be allowed therefor. l" -~ Revised 1/30/13 CONTRACT NO. 6618 Page 104 of 136 Clear-water Creek By-pass {Bid Item No. 3) Lump Sum The contract lump sum price for clear water by-pass system shall be made at the contract lump sum price for clear water by-pass system for this project and no other payments will be made. The contract lump sum price shall include and not be limited to submittal and acceptance of shop drawings and clear water by-pass procedure, maintenance and monitoring of system. Clear water by-pass shall be designed to cause no downstream erosion. The Contractor shall furnish all labor, materials, equipment, and incidentals necessary to design, construct, operate, maintain, and remove all cofferdams, flumes, shoring, diversions, filtration systems and/or other measures, including pumping, to dewater the construction site and to divert streamflow and other surface waters through or around the project area 24 hours a day during the entire construction period, as shown on the Drawings or SWPPP, as specified, or as directed by the Engineer. Clear-water by-pass shall be designed to by-pass the typical flow which is estimated to be 100 CFS requiring a 42-inch pipe. Contractor shall take appropriate measures to secure the site in the event of rain and to by-pass flow in the event the flow exceeds 100 CFS. Dewatering and diversion shall comply with all project permit conditions, applicable laws and local ordinances. The Contractor shall submit, for review and approval of the Engineer, a Dewatering Plan listing materials, method of work, equipment to be used, methods for disposal of pumped water, provisions to prevent scour and erosion, and the proposed schedule shall be submitted to the Engineer. Approval of the Engineer shall be required before the Contractor proceeds with water control measures. The Contractor shall comply with scheduling requirements set forth in the project permit conditions of approval and the Storm Water Pollution Prevention Plan, notify Engineer 48 hours in advance of installation of temporary cofferdam(s) or diversion, and notify Engineer 48 hours in advance of removal of temporary cofferdam(s) or diversion. Contractor is solely responsible for the design, construction, and maintenance and monitoring of the diversion and dewatering facilities and comply with the Drawings, Specifications, and applicable permit conditions. Clearing and Grubbing {Bid Item No. 4) Lump Sum The contract lump sum price paid for clearing and grubbing shall be made at the contract lump sum price for clearing and grubbing within the project limits and at stockpile locations and no other payments will be made. Unless otherwise noted on plans, the Contractor shall remove all vegetation within the work zone. Payment for removal and disposal of all materials within the work zone shall be included in the lump-sum bid for Clearing and Grubbing, and no additional payment will be made. Existing Grouted Rip Rap Removal {Bid Item No. 5) Lump Sum The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals as necessary for doing all the work involved in removing the grouted rip rap from the creek and breaking up the pieces for reuse within the project (Bid Item No. 14 and potentially Bid Item Nos. 6 and 8}, disposal of unusable riprap and concrete, and temporary storage of the salvaged rip rap as shown on the contract drawings. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. l' •+' Revised 1/30/13 CONTRACT NO. 6618 Page 105 of 136 Construct Boulder Steps (Bid Item No. 6) Each The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, including surveying, excavation, minor grading/subgrade preparation, placement of filter blanket (1' thick) and 1-ton rip rap (4.3' thick), field adjustments, and for doing all the work involved in installing the step pools as shown on the contract drawings. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. The larger pieces of 1-ton rip rap are to be placed on the upstream side of the step pools as shown on the profile on the contract drawings. Contractor shall mark pieces for use in the upstream side of the pool and Engineer shall accept those pieces prior to placement in the creek. Boulders used to construct steps shall make firm contact with adjacent boulders and be buttressed a minimum 1/3 the diameter in all directions. Boulders shall be placed and embedded mechanically (not dumped). Boulders for Steps in Creek Bottom (Bid Item No.7) Ton The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in obtaining the rip rap/boulders for use in the Step Pools shown on the contract drawings. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Construct Log Cribwall (Bid Item No. 8) Linear Feet The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in construction of the log crib walls including surveying, excavation, minor grading/subgrade preparation, placement of filter fabric, log connection and log placement per the detail on the contract drawings. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Construct Fabric Encapsulated Soil (FES) (Bid Item No. 9) Lump Sum The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in the installation of the Fabric Encapsulated Soil including surveying, excavation, minor grading/subgrade preparation, placement of filter fabric, fabric encapsulated soil layout, anchoring, erosion control netting and blanket with staples, seeding, brush layer cuttings, and incidentals per the contract documents, technical specifications and the detail on the contract drawings. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Construct Cribwaii/FES foundation Boulders (Bid Item C-1 0) Ton The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in the installation of the of the foundation boulders (rip rap) for the cribwall and FES including surveying, excavation, minor grading/subgrade preparation, placement of filter fabric, anchoring, installation of the riprap per the contract documents and the detail on the contract drawings. The contract unit price paid shall l' •f' Revised 1/30/13 CONTRACT NO. 6618 Page 106 of 136 be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. The larger pieces of 1-ton rip rap are to be placed as foundation for cribwall and FES as shown on the profile on the contract drawings. Contractor shall mark pieces for use in the upstream side of the pool and Engineer shall accept those pieces prior to placement in the creek. Engineered Backfill (Bid Item No. 11} Cubic Yard The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in providing and placing Engineered Fill (imported borrow material), compacting and grading within the area to receive Engineered Fill as shown on the contract drawings and per the contract specifications. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Install Cribwall Backfill (Bid Item No. 12} Cubic Yard The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in providing and placing cribwall backfill), an angular mix of rock and soil, a row of large rock installed at open ends to keep material from falling out of the gap between the logs, compacting and grading within the area to receive Engineered Fill as shown on the contract drawings and per the contract specifications. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Procure Cribwall Logs (Bid Item No. 13} Each The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in obtaining the crib wall logs for use in the crib wall as shown on the contract drawings. Logs shall be natural and of varying, irregular size and some field adjustments may need to be made during construction. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. The City has salvaged the following crib wall logs which are available at the following locations: • Tamarack Yard Tamarack Av, Carlsbad, CA 92008: 0 1-18' 0 1-16' 0 1-15' 0 1-14.5' 0 1-13' 0 6-10' 0 2-8.5' 0 1-7' 0 1-5' {'\ •+' Revised 1/30/13 CONTRACT NO. 6618 Page 107 of 136 • Safety Center Fuel Yard, 2480 Impala Drive, Carlsbad, CA 92008: 0 2-18.5' 0 1-17' 0 1-19' Contractor shall make arrangements to move logs from the City yards to the project site when ready to prepare for installation. Extra length will require disposal by the Contractor. Construct Stilling Pool including stilling pool boulders (Bid Items No. 14) Lump Sum The contract unit price shall include full compensation for furnishing all labor, materials (it is assumed that the stilling pool boulders will be the salvaged boulders/riprap materials from Bid Item No. 5), tools, equipment, and incidentals, including surveying, excavation, minor grading/subgrade preparation, placement of filter blanket (1' thick) and 1-ton rip rap (4.3' thick), field adjustments, and for doing all the work involved in installing the step pools as shown on the contract drawings. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. (Bid Item No. 15) Intentionally left blank Streambed Materials (Bid Item No. 16) Cubic Yard The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in obtaining either the gravel and sand bed materials or the Mitifi140N Geotextile for use in the Streambed as shown on the contract drawings. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Site Preparation for Planting (Bid Item No. 17) Square Feet The contract unit price paid for this bid item shall constitute full compensation to furnish all labor materials, tools, equipment, and incidentals, and for doing all work involved in Planting Preparation including and not limited to topsoil import, soil amendments, herbicide treatment for non-native invasive species removal, soil rehabilitation, fine grading as detailed in the contract document and Technical Specification and as shown on the contract drawings. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer, and no additional compensation will be allowed therefor. Planting -Cuttings (Bid Item No. 18) Each The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in obtaining and installing cuttings as detailed in the contract document and Technical Specification and as shown on the contract drawings. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, the Technical Specifications, Standard Specifications, plans and as directed by the Engineer. {'\ •+' Revised 1/30/13 CONTRACT NO. 6618 Page 108 of 136 Plantings-treepot 4 Containers and 1-gallon container Plants at (Bid Item 1 No.9 and Bid Item No. 20) Each The contract unit price paid for this bid item shall constitute full compensation to furnish and install container plantings including all labor, materials, tools equipment, procurement of plants a, and incidentals, and for doing all work including and not limited to excavation, planting soil, water retention basins, wood mulch, fertilizer, and planting as detailed in the Contract document and Technical Specification and as shown on the contract drawings. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer, and no additional compensation will be allowed therefor. Plantings -Seeding (Bid Item No. 21) Square Feet The contract unit price paid for this bid item shall constitute full compensation to furnish all labor, materials, tools, equipment, and incidentals to perform the work to for seeding including and not limited to seed mixes and shown on the contract drawings, straw mulch, tackifier, seeding preparation and installation, straw mulch application and clean up as described in the contract documents, technical specifications and contract drawings. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer, and no additional compensation will be allowed therefor. Temporary Irrigation System (Bid Item No. 22) Lump Sum The contract unit price paid for this bid item shall constitute full compensation to furnish all labor, materials, tools, equipment, and incidentals to perform the work to install temporary irrigation system including and not limited to installation of creek pump system and procurement of materials, system set up, testing and clean up as described in the contract documents, technical specifications and contract drawings. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer, and no additional compensation will be allowed therefor. Temporary Traffic Control (Bid Item No. 23) Lump Sum The Contract lump sum price paid for the traffic control system shall include full compensation for, but not limited to, design and approval of traffic control plans, obtaining a "no cost" right-of-way permit from the city, furnishing all labor (including flagging costs), materials (including construction area signs), tools, equipment, traffic control plans for all sites including Hoover at Adams and Highland and Adams, and incidentals, and for doing all the work involved in placing, removing, storing, maintaining, moving to new locations, replacing and disposing of the components of the traffic control including lights, channelizers (surface mounted), temporary railing (Type K) markers, delineators, temporary striping and pavement marking, barricades, portable flashing beacons, flashing arrow signs, portable changeable message signs, as shown on the Plans, as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer. Full compensation for removing and salvaging the traffic control equipment and materials that are to be reused or reset in the project shall be considered as included in the Contract lump sum price paid for traffic control system and no additional compensation will be allowed therefor. All costs necessary to comply with the requirements on Sheet 4 of the Drawings which includes l' •+' Revised 1/30/13 CONTRACT NO. 6618 Page 109 of 136 implementing and maintaining the Temporary Traffic Control for the Off-site Staging and Contractors Access Route Detail. Partial payment for traffic control shall be based on the percentage of total value of work completed on the other items listed under each schedule as of each progress pay estimate. Unforeseen Conditions Not Shown on Plans and as required by Engineer Per General Provisions Section 3-3 (Bid Item No. 24) Stipulated The contract stipulated lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in providing and materials and labor to address unforeseen conditions not shown on plans and as required by engineer. The contract stipulated lump sum price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Record Drawings (Bid Item No. 25) Linear Sum The contract lump sum price paid for record drawings require that the Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer per section 2-5.3 Submittals within ten (1 0) days of completion of the work. ,, •+' Revised 1/30/13 CONTRACT NO. 6618 Page 11 0 of 136 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 200-ROCK MATERIALS 200-1 ROCK PRODUCTS Add the following section: 200-1.2.2 Permeable Material. Permeable material shall consist of hard, durable, clean sand, gravel, or crushed stone, and shall be free from organic material, clay balls, or other deleterious substances. Class 1 and Class 2 permeable material shall have a Durability Index of not less than 40. Class 2 Permeable material shall have a Sand Equivalent value of not less than 75. Class 1 permeable material shall conform to the requirements in this section and Table 200- 1.2.2(A). Class 2 permeable material shall conform to the requirements in this section and Table 200-1.2.2(8). When permeable material is required and the class or kind is not specified, Class 1 permeable material shall be used. The alternative gradings within Class 1 permeable material are identified by types. Unless otherwise shown on the plans the Contractor will be permitted to furnish and place any one of the types provided for this class. The percentage composition by mass of permeable material in place shall conform to the gradings in Tables 200-1.2.2(A) and 200-1.2.2(8). Sieve Sizes 50-mm (2") 37.5-mm (1 1h") 19-mm eln 12.5-mm (1/z") 9.5-mm (%") 4.75-mm (No.4) 2.36-mm (No. 8) 75-!Jm (no. 200) Sieve Sizes 25-mm (1") 9.5-mm (%") 4.75-mm (No.4) 2.36-mm (No. 8) l'\ •fi Revised 8/1 0/1 0 TABLE 200-1.2.2(A) CLASS 1 PERMEABLE MATERIAL Percentage Passing Type A --- --- 100 95-100 70-100 0-55 0-10 0-3 TABLE 200-1.2.2(B) CLASS 2 PERMEABLE MATERIAL Percentage Passing 100 90-100 40-100 25-40 18-33 CONTRACT NO. 6618 Type 8 100 95-100 50-100 --- 15-55 0-25 0-5 0-3 Page 111 of 136 Sieve Sizes Percentage Passing 600-!Jm (No. 30) 5-15 300-IJm (No. 50) 0-7 75-IJm (no. 200) 0-3 200-2 UNTREATED BASE MATERIALS 200-2.1 General. Add the following: Aggregate base shall be Class 2 Aggregate Base per Caltrans Standard Specification, July 1999, Section 26: Aggregate Bases, Subsection .26-1.02A Class 2 Aggregate Base and as specified herein. Add the following section: 200-2.7 Class 2 Aggregate Base. Aggregate for Class 2 aggregate base shall be free from organic matter and other deleterious substances, and shall be of such nature that it can be compacted readily under watering and rolling to form a firm, stable base. Aggregate may include material processed from reclaimed asphalt concrete, portland cement concrete, lean concrete base, cement treated base or a combination of any of these materials. Aggregate shall conform to the grading and quality requirements shown in the following tables. At the option of the Contractor, the grading for either the 11/2-inch maximum or 3/4 inch maximum shall be used, except that once a grading is selected it shall not be changed without the Engineer's written approval. Sieve Sizes 2" ................................ . 11/2'' ........................... . 1" ································· 3/4" ............................. . No.4 ........................... . No. 30 .......................... . No. 200 ....................... . AGGREGATE GRADING REQUIREMENTS Percentage Passing 1112" Maximum 3/4" Maximum Operating Range 100 90-100 Operating Range 50-85 25-45 10-25 2-9 100 90-100 35-60 10-30 2-9 QUALITY REQUIREMENTS Tests Resistance (R-value) Sand Equivalent Durability Index Operating Range 78 Min. 25 Min. 35 Min. The aggregate shall not be treated with lime, cement or other chemical material before the Durability Index test is performed. If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Operating Range" but meet the "Contract Compliance" requirements, placement of the aggregate base may be continued for the remainder of that day. However, another day's work may not be started until tests, or other information, indicate to the satisfaction of the Engineer that the next material to be used in the work will comply with the requirements specified for "Operating Range." l'\ •fi' Revised 8/10/1 0 CONTRACT NO. 6618 Page 112 of 136 If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Contract Compliance," the aggregate base which is represented by these tests shall be removed. However, if requested by the Contractor and approved by the Engineer, the aggregate base may remain in place and the Contractor shall pay to the City $2.25 per cubic yard for such aggregate base left in place. The City may deduct this amount from any moneys due, or that may become due, the Contractor under the contract. If both the aggregate grading and Sand Equivalent do not conform to the "Contract Compliance" requirements, only one adjustment shall apply. No single aggregate grading or Sand Equivalent test shall represent more than 500 cubic yards or one day's production, whichever is smaller. SECTION 201 -CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE TABLE 201-1.1.2(A) Modify as follows: TABLE 201-1.1.2(A) (3l PORTLAND CEMENT CONCRETE Type of Construction Concrete Class All Concrete Used Within the Right-of-Way 330-C-23 (560-C-3250) (1l Trench Backfill Slurry 115-E-3 (190-E-400) Street Light Foundations and Survey Monuments 330-C-23 (560-C-3250) Traffic Signal Foundations 350-C-27 (590-C-3750) Concreted-Rock Erosion Protection 31 0-C-17 (520-C-2500P) Maximum Slump mm (Inches) (2) 200 (8") 100 (4") 100 (4") per Table 300-11.3.1 (1) Except that concrete reqUired to be of h1gher strength by Table 201-1.1.2(A) SSPWC shall be as per Table 201-1.1.2(A) SSPWC. (2) As per Table 201-1.1.2(A) SSPWC. (3) Portions of Table 201-1.1.2(A) of the Standard Specifications for Public Works Construction not shown herein as changed are not affected by this table. 201-1.2 Materials. 201-1.2.4 Chemical Admixtures. (e) Air-Entraining Admixtures. Substitute the following: The air content shall not deviate from the percentage specified or permitted by more than 1-1/2 percentage points. The air content of freshly mixed concrete will be determined by California Test Method No. 504. l'\ •+f Revised 8/10/1 0 CONTRACT NO. 6618 Page 113 of 136 SECTION 210-PAINT AND PROTECTIVE COATINGS 210-1 PAINT. 210-1.5 Paint Systems. Add the following to Table 21 0-1.5(A) TABLE 210-1.5 (A) Surface to be Painted Pre-treatment I Surface Primer Finish Coats Preparation Temporary Railing type (K) Abrasive Blast Cleaning to a None Two coats white Roughened, Textured Acrylic Emulsion Paint Appearance (1) (1) acrylic emulston pamt destgned for use on extenor masonry. This pamt shall comply mall respects to Federal Spectficatton TT-P- 19 (latest revision), Paint, Acrylic Emulsion, Exterior. This paint may be tinted by using "universal" or "all purpose" concentrates. 210-1.6 Paint for Traffic Striping, Pavement Marking, and Curb Marking. Modify as follows: Paint for traffic lane lines, turn pocket lines, edge lines, channelizing lines, bike lane lines, chevrons, and curbs shall be rapid dry water borne conforming to CAL TRANS Specification No. PTWB-01. Paint for pavement legends, pavement symbols, pavement arrows, cross walks, parking stall markings and stop bars shall be alkyd thermoplastic conforming to CAL TRANS Specification No. 8010-19A. Glass beads shall be applied to the surface of the rapid dry water borne paint and the molten thermoplastic material and shall conform to the requirements of CAL TRANS Specification No. 8010-004 (Type II). CAL TRANS Specifications for water borne paint, thermoplastic material and glass beads may be obtained from the CAL TRANS Transportation Laboratory, P.O. Box 19128, Sacramento, CA 95819, telephone number (916) 227-7000. SECTION 213 -ENGINEERING GEOSYNTHETICS 213-5 GEOTEXTILES AND GEOGRIDS 213-5.1 General. Add the following: Geotextile types shall be used for the applications listed in Table 213-2.1 (A) Application of Geotextile Table 213-5.1(A) GEOTEXTILE APPLICATIONS Separation of Soil and Street Structural Section Separation of Soil and Subsurface Aggregate Drain Reinforcement of Street Structural Section Remediation and Separation of Soil Reinforcement of Soil Drainage at the Interface of Soil Structures Drainage at the Interface of Soil and Structures Rock SI~Qe Protection Fabric for Rock Sizes Below 225 kg (Xa Ton) Rock Slo_pe Protection Fabric for Rock Sizes Including and Above 225 kg (Xa Ton) Plant Protection Covering l' •+' Revised 8/1 0/10 CONTRACT NO. 6618 Type Designation 90WS 180N 200WS 270WS 270WS N/A N/A 180N 250N 90N Page 114 of 136 Type Application of Geotextile Designation Erosion Control Fence with 14 AWG-150 mm x 150 mm (6"x6") Wire and 3m (10') 90WS Post Spacing Erosion Control Fence with 1.8 m (6') Post Spacing and No Wire Fencing 200WS Add the following: 213-6 EROSION CONTROL SPECIALTIES. 213-Gravel bags. Gravel bags for the use of temporary erosion control shall be burlap type, filled with no less than 23kg (50 lbs) of 19 mm et4") crushed rock and securely tied closed. Plastic bags are not acceptable. SECTION 214 PAVEMENT MARKERS Add the following section: 214-8 TEMPORARY REFLECTIVE PAVEMENT MARKERS Add the following section: 214-8.1 Temporary Reflective Pavement Markers. Temporary pavement markers shown on the plans and required in the specifications shall be one of the types shown in Table 214-8.1 (A), or equal thereto. TABLE 214-8.1 (A} TEMPORARY REFLECTIVE PAVEMENT MARKERS Type TOM-Temporary Overlay Markers Add the following section: Manufacturer of Distributor Davidson Traffic Control Products, 3110 7Q1h Avenue East, Tacoma, WA 98424, (877) 335-4638 214-8.2 Permanent Reflective Channelizer. Reflective Channelizer shall be new surface- mounted type and shall be furnished, placed, and maintained at the locations shown on the plans. Reflective channelizer posts shall be orange in color. Reflective channelizers shall have affixed white reflective sheeting as specified in the special provisions. The reflective sheeting shall be 75 mm x 300 mm in size. The reflective sheeting shall be visible at 300 m at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20. Reflective channelizer shall be one of the types shown in Table 214-5.2(A), or equal thereto. T e Safe-Hit SH336SMA {'\ •+' Revised 8/1 0/10 TABLE 214-8.2(A} REFLECTIVE CHANNELIZER Manufacturer of Distributor Safe-Hit, A Division of Energy Absorption Systems, Inc. 35 East Wacker Drive, Suite 1100 Chicago, IL 60602 (800) 537-8958 CONTRACT NO. 6618 Page 115 of 136 Type Carsonite "Super Duck" SDR3036 Repo "The Replaceable Post" Manufacturer of Distributor Carsonite Composites, LLC 605 Bob Gifford Boulevard Early Branch, SC 29916 (800) 648-7916 Western Highway Products 10680 Fern Avenue Stanton, CA 90680 (800) 854-3360 The Contractor shall provide the Engineer with a Certificate of Compliance in accordance with the provisions of Section 2-5.3.3 "Submittals". Said certificate shall certify that the permanent reflective channelizers comply with the plans and specifications and conform to the prequalified design and material requirements approved by the engineer and were manufactured in accordance with the approved quality control program. Add the following section: SECTION 215 FENCING Add the following section: 215-1 ENVIRONMENTAL FENCING (PRESERVATION FENCING} Add the following section: 215-1.1 Materials. Environmental fence shall be minimum 4' high, orange colored plastic construction fencing installed prior to performing any work. Environmental fence (Preservation Fencing) shall be per Section 2.01A of Section 32 91 00 of the Technical Specifications and installed per Section 3.01A of Section 32 91 00 of the Technical Specifications. Used materials may be installed providing the used materials are good, sound, and are suitable for the purpose intended, as determined by the Engineer. Materials may be commercial quality providing the dimensions and sizes of the materials are equal to, or greater than, the dimensions and sizes specified herein. Posts shall be either metal or wood at the Contractor's option. Galvanizing and painting of steel items will not be required. Treating wood with wood preservatives will not be required. Concrete footings for metal posts will not be required. l' •+' Revised 8/1 0/1 0 CONTRACT NO. 6618 Page 116 of 136 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 300 -EARTHWORK 300-1 CLEARING AND GRUBBING. 300-1.1 General. Add the following section to the third paragraph: During surface clearing operations, the Contractor shall not cover or bury any plant growth or other objectionable materials. If the Contractor cannot successfully separate the plant growth from the surface soil and advertently or inadvertently mixes organic or other objectionable materials with the soil, the soil so contaminated shall be removed from the site by the Contractor. All costs, if any, associated with removing the soil mixed with organic or other objectionable materials and importing soil to replace said contaminated soil shall be borne by the Contractor and no additional payment therefore shall be made to the Contractor. 300-1.3 Removal and Disposal of Materials. Add the following: Also included in clearing and grubbing shall be removal and disposal of existing street poles and lights, metal guard rail, fences, asphalt concrete and aggregate base, concrete curb and gutter, concrete sidewalk, existing gate, existing headwalls, rip-rap, traffic signs, and other existing features which interfere with the work. Whether or not such items are shown on the plans they shall be removed as a part of clearing and grubbing. Existing underground pipes and conduits that are shown on the plans and designated to be removed shall be removed by the Contractor as a part of clearing and grubbing. 300-1.4 Payment. Payment for clearing and grubbing shall be made at the contract lump sum price for clearing and grubbing within the project limits and at stockpile locations and no other payments will be made. Unless otherwise noted on plans, the Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, and pipelines and conduits of any type, or use, that are abandoned during the course of the work and shall replace said pipelines and conduits with properly compacted soils. Payment for removal and disposal of abandoned utilities shall be included in the lump-sum bid for Clearing and Grubbing, and no additional payment will be made. 300-2 UNCLASSIFIED EXCAVATION. 300-2.1 General. add the following: Unclassified excavation shall include removal and stockpile of suitable material, recompaction, mixing, grading for mitigation work, trenching and backfilling of storm drains, sewers, other utilities, disposal of unsuitable materials not included in the bid item for clearing and grubbing, all cut and fill including removal and recompaction of unsuitable soil, salvaging clean excavated material and filling areas to the required grades and cross section. Unclassified excavation shall be utilized onsite to make all fills shown on the plans. Unclassified excavation shall also include scarification and moisture adjustment and compaction of the top 300 mm (1 ') of the subgrade in the roadway prism in cut areas to 95 percent relative compaction, wetland mitigation grading and attendant work, export of remaining excess material to a disposal site or spoil area acquired by the Contractor and pumping and disposal of storm and ground water. l"\ •+' Revised 8/1 0/1 0 CONTRACT NO. 6618 Page 117 of 136 300-2.2.1 General. Alluvial and colluvial removal and recompaction shall consist of excavating, blending and recompacting loose soils in areas that are designated to receive fills. The existing loose soils shall be removed by the Contractor until a firm unyielding surface is exposed or to a depth determined by the Engineer. If the excavated material contains 4%, or more, water than the optimum moisture content the Contractor shall blend the wet soil with soils having a lower moisture content and/or spread the excavated material in a manner that enables the material to dry to optimum moisture content. The cost of spreading and/or drying shall be included in the contract unit price for removal and recompaction. The excavated material shall be placed and compacted in accordance with section 300-4 of the specifications except that section 300-4.9, Measurement and Payment, shall not apply. 300-2.2.1 General. Such direction may include, but is not limited to, directing the Contractor to blend, adjust moisture content of, rework, and place unsuitable soils at specific locations or elevations on the site. 300-2.2.3 Compressible Soil. Compressible soils such as existing uncontrolled or unacceptable fill, alluvium, and colluvium may exist within portions of the Project site. Where required by the Engineer, the Contractor shall remove such compressible soils from areas to receive fill or from areas upon which surface improvements are to be placed. The removal and disposal of such compressible soils shall be paid for at the Contract Unit Price for unclassified excavation unless it is considered otherwise unsuitable by the Engineer in which case it may be paid for in accordance with section 300-2.2.1. 300-2.2.4 Instability of Cuts. The Contractor shall remove additional material as directed by the Engineer to improve the stability of excavated cuts. The removal of such excavated material shall be paid for at the Contract Unit Price for unclassified excavation unless it is considered otherwise unsuitable by the Engineer, in which case it will be paid for in accordance with Subsection 300- 2.2.1. 300-2.6 Surplus Material. The Contractor shall haul and dispose of all surplus material from the project. The Contractor shall utilize highway legal haul trucks for this export of material from the project site and to a site secured by the Contractor. No earth moving equipment or special construction equipment, as defined in section 565 of the California Vehicle Code, will be allowed for hauling material on public streets. 300-5 BORROW EXCAVATION (ENGINEERED BACKFILL). Add the following section: 300-5.2.1 Imported Borrow Properties. The Contractor shall provide imported borrow that is clean well graded soil consisting of material conforming to all of the requirements in Table 300-5.2.1 (A) and the following requirements. Rock included in the top 1 m (3') of imported borrow shall be particles of less than 75 mm (3"). Rock included below the top 1 m (3') of imported borrow shall be particles of less than 150 mm (6"). Tests R-Value Expansion Index l'\ •+' Revised 8/1 0/1 0 TABLE 300-5.2.1 (A) IMPORTED BORROW PROPERTIES Test Method No. Calif. 301 UBC Standard 18-2 CONTRACT NO. 6618 Requirements 40 Min. 10 Max. Page 118 of 136 Tests Test Method No. Requirements Plasticity Index ASTM D 424 4 Max. Sieve Analysis ASTM D 422 Percent Passing 75~ (No. 200) 15 Max. 300-11 STONEWORK FOR EROSION CONTROL 300-11.4 Payment. Rock protection will be paid for at the unit price bid for rock protection, complete and in place, in accordance with the details and requirements of the plans and specifications. Add the following: 300-12 ROCK SLOPE PROTECTION FABRIC. 300-12.1 Preparation of Subgrade. Prior to placing rock slope protection fabric the Contractor shall clear the surfaces upon or against which rock slope protection fabric is to be placed of loose or extraneous material and sharp objects that may damage the fabric during installation. Equipment or vehicles shall not be operated or driven directly on the rock slope protection fabric. Rock slope protection fabric damaged during placement shall be replaced or repaired by the Contractor at its expense as directed by the Engineer. 300-12.2 Placement. The Contractor shall place rock slope protection fabric prior to placing rock slope protection. The Contractor shall grade surfaces to be covered by rock slope protection so as to provide full support for the fabric. Rock slope protection fabric shall conform to the provisions in Section 213-2 "Geotextiles," and shall be placed by the Contractor in accordance with the details shown on the plans and as specified herein. The Contractor shall handle rock slope protection fabric with care that it is not torn or stretched and place it in accordance with the manufacturer's recommendations, these specifications and as directed by the Engineer. The Contractor shall place and fit rock slope protection fabric loosely upon or against the surface to receive the fabric so that the fabric conforms to the surface without damage when the cover material is placed. Rock slope protection fabrics shall be joined, at the option of the Contractor, either with overlapped joints or stitched seams. When fabric is joined with overlapped joints, all adjacent borders of the fabric shall be overlapped not less than 61 0 mm (24"). The fabric shall be placed such that the fabric being placed shall overlap the adjacent section of fabric in the direction the cover material is being placed. When the fabric is joined by stitched seams, the fabric shall be stitched with yarn of a contrasting color. The size and composition of the yarn shall be as recommended by the fabric manufacturer. The number of stitches per 25 mm (1") of seam shall be 6 ± 1. The strength of stitched seams shall be the same as specified for the fabric, except when stitched seams are oriented up and down a slope the strength shall be a minimum of 80 percent of that specified for the fabric. Fabric damaged beyond repair, as determined by the Engineer, shall be replaced by the Contractor and no additional payment will be made therefore. Repairing damaged fabric shall consist of placing new fabric over the damaged area. The minimum fabric overlap from the edge of the damaged area shall be 1 m (3') for overlap joints. If the new fabric joints at the damaged areas are joined by stitching, the stitched joints shall conform to the requirements specified herein. Damaged fabric that is suitable for repair, as determined by the Engineer, shall be repaired by the Contractor and no additional payment will be made therefore. l' • .., Revised 8/10/1 0 CONTRACT NO. 6618 Page 119 of 136 Add the following: 300-13 STORM WATER POLLUTION PREVENTION PLAN 300-13.1 General BMP Requirements for the City of Carlsbad Contractors working at active construction sites in Carlsbad are required to comply with all applicable storm water regulations and implement BMPs in accordance with CASQA guidelines. Each operator must implement effective BMPs to reduce discharges of pollutants from construction sites. These BMPs must be site specific, seasonally and construction phase appropriate, and implemented at each construction site year round. It is the City's goal to obtain your voluntary compliance with the following applicable BMP requirements. • Appropriate erosion and sediment control BMPs must be installed and established for all completed slopes prior to October 1, 2016. If a BMP fails, it must be repaired/replaced and improved with an acceptable alternate. • The contractor/developer must provide the name and phone number of the QSP or erosion control professional responsible for BMP compliance. The QSP or erosion control professional must conduct a BMP compliance inspection prior to a forecasted event of 50% or greater, after a rain event, and weekly between October 1 and May 1 of each year. • A minimum of 125% of the material needed to install emergency BMPS must be stored onsite. BMPs must be stockpiled at various locations throughout the site for the duration of project. Whenever there is a 40% chance or greater of a rain within a five (5) day forecast, a City inspector will conduct a pre-event inspection to verify that BMPs are stockpiled and the site adequately protected. BMPs must be ready for deployment when there is 50% chance of a rain within a 72 hour forecast. Failure to comply could result in the issuance of a Stop Work Notice or other enforcement action. • The City reserves the right to temporarily stop work on any private construction site that may have the potential to contribute to storm water pollution during a forecasted rain event due to lack of BMPs, proximity to an environmentally sensitive area, previous compliance issues, amount and duration of rain expected, and/or any storm water compliance issue. Each site will be evaluated on a case by case basis to determine if a temporary stop work is necessary. • All construction workers must be trained on the importance of storm water pollution prevention and BMP maintenance prior to October 1 of each year. Training records must be retained with the SWPPP and available upon request. • All erosion and sediment control measures must be installed prior to grading and maintained throughout the duration of the project. • All inactive areas must be protected with the appropriate erosion BMPs as described in the SWPPP. This includes all building pads, unfinished roads, and slopes. The ability to install BMPs in a prompt manner is NOT sufficient; BMPs must be installed for these areas. • Deployment of the appropriate erosion control BMPs will commence as soon as slopes or disturbed areas are completed or if left inactive for 10 or more days. • All active areas must be adequately protected with a combination of the appropriate erosion and sediment control BMPs prior to a rain event predicted at 40% or greater. • When a Rain Event Action Plan is required, it must be prepared in accordance with the Construction General Permit. A copy of each updated REAP shall be placed in the project SWPPP and be available for review upon request. • All treatment control BMPs must be inspected weekly and prior to a forecasted rain event of 50% or greater. In addition, treatment control BMPs must be inspected and/or serviced prior to October 1 of each year. Verification of these inspections will be provided to the City upon request. l'\ •+' Revised 8/1 0/10 CONTRACT NO. 6618 Page 120 of 136 • An updated SWPPP map is required to be maintained for all projects. The SWPPP map must show BMP installations, locations, and status updates. Additional Controls Required for Project Sites Located Within the High Priority Focus Area The High Priority Focus Area is located south of Buena Vista Lagoon, north of Agua Hedionda Lagoon, and west of Interstate 5. There is also a small designated area located west of El Camino Real and south of Highway 78. For project sites located within the High Priority Focus Area, the following additional controls are required to be implemented at all times to the maximum extent possible: • Maintain vegetative cover, as much as possible, by developing the project in a phased approach to reduce the amount of exposed soil at any one time. • Limit the areas of active construction to five acres at any one time. • Provide 100 percent soil cover for areas of inactive construction throughout the duration of the project. • Provide perimeter control at all appropriate locations along and at all storm drain inlets. Perimeter protection will be upgraded and must provide sufficient protection from run off during rain events. • Provide vegetated buffer strips between the active construction area and any water bodies. • Provide stabilized construction entrances that limit vehicle and foot traffic. The City will continue to conduct scheduled and unscheduled inspections to verify compliance with storm water regulations. Please keep in mind that compliance is dependent on the continued use of BMPs and the consistent implementation of an employee-training program. Failure to comply with the minimum BMPs may result in escalated enforcement actions which include, but not limited to, Stop Work Notice, Notice of Violation, Default of Erosion Control Bonds, and the assessment of administrative fines. Please contact your Project Inspector to review your site specific BMP requirements. 300-13.1.1 SWPPP Document Within 15 calendar days after the execution of the contract, the Contractor shall submit 3 copies of the SWPPP to the Engineer, in accordance with Section 2-5.3.3 of these Special Provisions. Contractor will be provided the digital format for SWPPP to complete required sections. If revisions are required, as determined by the Engineer, the Contractor shall revise and resubmit the SWPPP within 15 days of receipt of the Engineer's comments and shall allow 5 days for the Engineer to review the revisions. Upon the Engineer's acceptance of the SWPPP, 3 additional copies of the SWPPP, incorporating the required changes, shall be submitted to the Engineer. In order to allow construction activities to proceed, the Engineer may conditionally approve the SWPPP while minor revisions are being completed. The objectives of the SWPPP shall be to identify pollution sources that may adversely affect the quality of storm water discharges associated with the project and to identify, construct, implement and maintain storm water pollution prevention measures, hereafter referred to as control measures, to reduce to the extent feasible pollutants in storm water discharges from the construction site both during and after construction is completed under this contract. The SWPPP shall incorporate control measures in the following categories: 1. Soil stabilization practices; 2. Sediment control practices; {'\ •+' Revised 8/10/1 0 CONTRACT NO. 6618 Page 121 of 136 3. Wind erosion control practices; and 4. Non-storm water management and waste management and disposal control practices. Specific objectives and minimum requirements for each category of control measures are contained in the Handbook. The Contractor shall designate a Water Pollution Control Manager who will have the responsibilities outlined in the SWPPP. The SWPPP shall include, but not be limited to, the following items as described in the SWPPP: 1. Source Identification; 2. Erosion and Sediment Controls; 3. Non-Storm Water Management; 4. Waste Management and Disposal; 5. Maintenance, Inspection and Repair; 6. Training; 7. List of Contractors and Subcontractors; 8. Post-Construction Storm Water Management; 9. Preparer; 10. Copy of the local permit; 11. BMP Consideration Checklist; 12. SWPPP Checklist; 13. Schedule of Values; and 14. Storm Water Pollution Prevention Drawings. The Contractor shall amend the SWPPP, graphically and in narrative form, whenever there is a change in construction activities or operations which may affect the discharge of significant quantities of pollutants to surface waters, ground waters, municipal storm drain systems, or when deemed necessary by the Engineer. The SWPPP shall also be amended if it is in violation of any condition of the Permit, or has not effectively achieved the objective of reducing pollutants in storm water discharges. Amendments shall show additional control measures or revised operations, including those in areas not shown in the initially accepted SWPPP, which are required on the project to control water pollution effectively. Amendments to the SWPPP shall be submitted for review and acceptance by the Engineer in the same manner specified for the initially accepted SWPPP. Accepted amendments shall be dated and logged in the SWPPP. Upon acceptance of the amendment, the Contractor shall implement the additional control measures or revised operations. The Contractor shall keep a copy of the accepted SWPPP and accepted amendments at the project site. The SWPPP shall be made available upon request of a representative of the Regional Water Quality Control Board, State Water Resources Control Board, U.S. Environmental Protection Agency or local storm water management agency. Requests by the public shall be directed to the Engineer. By June 15 of each year, the Contractor shall submit an annual certification to the Engineer stating compliance with the requirements governing the Permit. If the project is in non-compliance at any time, the Contractor shall make a written report to the Engineer within 15 days of identification of non-compliance. 300-13.1.3 Payment. The Contractor shall provide storm water pollution prevention at the contract lump sum bid price. The contract lump sum price paid for "storm water pollution ., ~+' Revised 8/1 0/1 0 CONTRACT NO. 6618 Page 122 of 136 prevention" shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in preparation, reproduction and changing of storm water pollution prevention control plans, placing, removing, storing, maintaining, moving to new locations, replacing, and disposing of the storm water pollution control system as shown on the plans and approved additions and modifications, as specified in these supplemental provisions, and as directed by the Engineer. All expenses and time to prepare and review modifications, additions, supplements, and/or new storm water pollution preventions plan designs shall be included in the lump sum bid and no additional payment will be made therefore. Progress payments for "Storm Water Pollution Prevention" will be based on the percentage of the improvement work completed. 300-13-1.2Availability of SWPPP template. A site-specific draft document intended for use as a template for the required SWPPP document will be made available for use at the Contractor's option, at no cost to the Contractor. The document is available for review in Appendix E. The Contractor shall review the template and modify it as necessary to reflect the Contractor's operations 300-13.1.3 Payment. Preparation, implementation and management of SWPPP shall be considered incidental to the items of work and no additional payment will be made therefore. 300-13.1.4SWPPP Implementation. Upon acceptance of the SWPPP, the Contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting and maintaining the control measures included in the SWPPP and any amendments thereto and for removing and disposing of temporary control measures. Unless otherwise directed by the Engineer or specified in these supplemental provisions, the Contractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension of work ordered in accordance with Section 6-3, "Suspension of Work". Requirements for installation, construction, inspection, maintenance, removal and disposal of control measures are specified in the "Handbook" and these supplemental provisions. Soil stabilization practices and sediment control measures, including minimum requirements, shall be provided throughout the winter season, defined as between October 1 and April 30. Implementation of soil stabilization practices and sediment control measures for soil-disturbed areas of the project site shall be completed, except as provided for below, no later than 20 days prior to the beginning of the winter season or upon start of applicable construction activities for projects which begin either during or within 20 days of the winter season. The Contractor shall implement, year-round and throughout the duration of the project, control measures included in the SWPPP for sediment tracking, wind erosion, non-storm water management and waste management and disposal. The Engineer may order the suspension of construction operations, at the Contractor's cost, which create water pollution if the Contractor fails to conform to the requirements of this section as determined by the Engineer. 300-13.1.5Maintenance. To ensure the proper implementation and functioning of control measures, the Contractor shall regularly inspect and maintain the construction site for the control measures identified in the SWPPP. The Contractor shall identify corrective actions and time frames to address any damaged measures or reinitiate any measures that have been discontinued. l'\ •;;" Revised 8110/1 0 CONTRACT NO. 6618 Page 123 of 136 The construction site inspection checklist provided in the "Handbook" shall be used to ensure that the necessary measures are being properly implemented, and to ensure that the control measures are functioning adequately. The Contractor shall submit one copy of each site inspection record to the Engineer, within two days of the inspection. During the winter season, inspections of the construction site shall be conducted by the Contractor to identify deficient measures, as follows: 1. When the five-day rain probability forecast exceeds forty percent (40%). 2. After any precipitation which causes runoff capable of carrying sediment from the construction site; 3. At 24 hour intervals during extended precipitation events; and 4. Routinely, at a minimum of once every week. If the Contractor or the Engineer identifies a deficiency in the deployment or functioning of an identified control measure, the deficiency shall be corrected by the Contractor immediately, or by a later date and time if requested by the Contractor and accepted by the Engineer in writing, but not later than the onset of subsequent precipitation events. The correction of deficiencies shall be at no additional cost to the City. SECTION 314-TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 314-5.4 PLACEMENT. Add the following. When being installed on asphalt concrete pavement sooner than 14 days after placement of the asphalt concrete pavement course on which the pavement markers are to be placed. Add the following section: 314-5.4.1 Reflective Channelizer Placement and Removal. The Contractor shall place and remove reflective channelizers the same as for pavement marker placement and removal. The Contractor shall place the channelizers uniformly, straight on tangent alignment and on a true arc on curved alignment to the same tolerances of position as for application of paint in section 310- 5.6.8. The Contractor shall perform all layout work necessary to place the channelizers to the proper alignment. If the channelizers are displaced or fail to remain in an upright position, from any cause, the channelizers shall immediately be replaced or restored to their original location, by the Contractor. When reflective channelizers are removed the pavement surface shall be restored to the same color and surface finish as the adjacent pavement. {'\ •+' Revised 8/10/10 CONTRACT NO. 6618 Page 124 of 136 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 6 TEMPORARY TRAFFIC CONTROL SECTION 602 -TEMPORARY TRAFFIC CONTROL DEVICES Add the following section: 602-1 TEMPORARY TRAFFIC PAVEMENT MARKERS. Add the following section: 602-1.1 General. The Contractor shall supply and install temporary traffic pavement markers, channelizers, signing, railing (type K), crash cushions and appurtenances at the locations shown on the plans and as required in the specifications, complete in place prior to opening the traveled way served by said final and temporary traffic pavement markers, signing, railing (type K) and appurtenances to public traffic. 602-1.2 Temporary Pavement Markers. Temporary reflective raised pavement markers shall be placed in accordance with the manufacturer's instructions. Temporary reflective raised pavement markers shall be cemented to the surfacing with the adhesive recommended by the manufacturer, except epoxy adhesive shall not be used to place temporary reflective raised pavement markers in areas where removal of the markers will be required. Pavement striping, legends and markers which conflict with any traffic pattern shall be removed by grinding as determined by the Engineer. The Contractor shall use temporary reflective raised pavement markers for temporary pavement marking, except when the temporary pavement markers are used to replace patterns of temporary traffic stripe that will be in place for less than 30 days. Reflective pavement markers used in place of the removable-type pavement markers shall conform to the section 312 "Pavement Marker Placement and Removal", except the 14-day waiting period before placing the pavement markers on new asphalt concrete surfacing as specified in section 312-1 "Placement", shall not apply; and epoxy adhesive shall not be used to place pavement markers in areas where removal of the markers will be required. Add the following section: 602-1.3 Channelizers. Channelizers shall be new surface-mounted type and shall be furnished, placed, and maintained at the locations shown on the plans. Channelizer posts shall be orange in color. Channelizers shall have affixed white reflective sheeting as specified in the special provisions. The reflective sheeting shall be 75 mm x 300 mm (3" x 12") in size. The reflective sheeting shall be visible at 300 m (1 000') at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20. The channelizer bases shall be cemented to the pavement in the same manner as provided for cementing pavement markers to pavement in section 312-1, "Placement." Channelizers shall be applied only on a clean, dry surface. Channelizers shall be placed on the alignment and location shown on the plans and as directed by the Engineer. The channelizers shall be placed uniformly, straight on tangent alignment and on a true arc on curved alignment. All layout work necessary to place the channelizers to the proper alignment shall be performed by the Contractor. If the channelizers are displaced or fail to remain in an upright position, from any cause, the channelizers shall immediately be replaced or restored to their original location, by the Contractor. The Contractor l'\ • ., Revised 8/1 0/1 0 CONTRACT NO. 6618 Page 125 of 136 shall provide the Engineer with a Certificate of Compliance in accordance with the provisions of section 4-1.5, "Certification". Said certificate shall certify that the channelizers comply with the plans and specifications and conform to the prequalified design and material requirements approved by the Engineer and were manufactured in accordance with a quality control program approved by the Engineer. Add the following section: 602-2 TEMPORARY TRAFFIC SIGNING. Add the following section: 602-2.1 General. The Contractor shall provide and install all temporary traffic control signs, markers, markings, and delineators at locations shown on plans and specified herein. Add the following section: 602-2.2 Maintenance of Temporary Traffic Signs. If temporary traffic signs are displaced or overturned, from any cause, during the progress of the work, the Contractor shall immediately replace the signs in their original approved locations. The Contractor shall maintain all temporary traffic signs used in the Work in a clean, reflective and readable condition. The Contractor shall replace or restore graffiti marked temporary traffic signs and posts used in the Work within 18 hours of such marking being discovered during non-working hours or, when the marking is discovered during working hours, within 2 hours of such discovery of marking. Add the following section: 602-3 TEMPORARY RAILING (TYPE K) AND CRASH CUSHIONS. Add the following section: 602-3.1 Temporary Railing and Crash Cushions. Temporary railing (Type K) shall consist of interconnected new or undamaged used precast concrete barrier units as shown on the plans. Temporary sand-filled crash cushions shall consist of new or undamaged used temporary sand- filled crash cushions units as shown on the plans. 602-3.1.1 Appearance. Exposed surfaces of new and used units of Temporary railing (Type K) shall be freshly coated with a white color paint prior to their first use on the project. The paint shall conform to the provisions in sections 210-1.5 "Paint Systems" and 310 "Painting". Contractor shall be responsible for the removal and cleanup or painting over the graffiti from the K-Rails within 48 hours. The Contractor Shall replace or repaint units of Temporary railing (Type K) or shall remove graffiti, tire or vehicle marks, dirt or any and all materials such that said marks or discoloration mar the appearance of said units when ordered by the Engineer after the units are in place. Add the following section. 602-3.1.2 Manufacture of Temporary Railing. In addition to the requirements herein the temporary railing (Type K) shall be manufactured per CAL TRANS Standard Drawing T3. Concrete used to manufacture Temporary railing (Type K) shall conform to the provisions in sections 201- 1, "Portland Cement Concrete" and 303-1 "Concrete Structures"." Load tickets and a Certificate of Compliance will not be required. Reinforcing steel shall conform to the provisions sections 201-1, "Portland Cement Concrete" and 303-1 "Concrete Structures". Steel bars to receive bolts at ends of concrete panels shall conform to ASTM Designation: A 36/A 36M. The bolts shall conform to ASTM Designation: A 307. A round bar of the same diameter may be substituted for the end-connecting bolt shown on the plans. The bar shall conform to ASTM Designation: A 36/A 36M, shall have a minimum length of 660 mm and shall have a 75 mm (3") diameter by 9 l'\ •+' Revised 8/1 0/1 0 CONTRACT NO. 6618 Page 126 of 136 mm (%")thick plate welded on the upper end with a 5-mm C/1s") fillet weld. The final surface finish of temporary railings (Type K) shall conform to the provisions in section 303-1.9.2 "Ordinary Surface Finish." Exposed surfaces of concrete elements shall be cured by the water method, the forms-in-place method, or the pigmented curing compound method. The pigmented curing compound shall be type 2 curing compound. Temporary railing (Type K) may have the Contractor's name or logo on each panel. The name or logo shall not be more than 1 00 mm in height and shall be located not more than 300 mm above the bottom of the rail panel. Add the following section. 602-3.1.31nstallation of Temporary Railing. In addition to the requirements herein the temporary railing (Type K) shall be installed per CAL TRANS Standard Drawing T3. Temporary railing (Type K) shall be set on firm, stable foundation. The foundation shall be graded to provide a uniform bearing throughout the entire length of the railing. Abutting ends of precast concrete units shall be placed and maintained in alignment without substantial offset to each other. The precast concrete units shall be positioned straight on tangent alignment and on a true arc on curved alignment. Each rail unit placed within 3 m (1 0') of a traffic lane shall have a reflector installed on top of the rail as directed by the Engineer. Reflectors and adhesive will be furnished by the Contractor. A Type P marker panel conforming to the requirements of the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement shall also be installed at each end of railing installed adjacent to a two-lane, two-way highway and at the end facing traffic of railing installed adjacent to a one-way roadbed. If the railing is placed on a skew, the marker shall be installed at the end of the skew nearest the traveled way. Type P marker panels shall conform to the provisions of section 206-7.2, ''Temporary Traffic Signs". Where shown on the plans, threaded rods or dowels shall be bonded in holes drilled in existing concrete. When temporary railings (Type K) are removed, any area where temporary excavation or embankment was used to accommodate the temporary railing shall be restored to its previous condition, or constructed to its planned condition. Add the following section: 602-3.2 Temporary Sand-Filled Crash Cushions. Temporary sand-filled crash cushion units shall be "Energite Ill" manufactured by Energy Absorption Systems, "Fitch Inertial Barrier System Modules" manufactured by Roadway Safety Service, or equal. Features required to determine equivalence of any other temporary sand-filled crash cushion units shall be approval of the system by CAL TRANS and that the temporary sand-filled crash cushion units meet NCHRP 350 standards. Other features will be suitability to application, operational characteristics, durability and other such characteristics that the Engineer shall determine. Temporary sand-filled crash cushions (TSFCC) shall be of the type and array configurations shown on plans, and installed at every end of, or gap in, the temporary railing (Type K) whenever the closest point of approach of traffic, regardless of direction, is 4.6 m (15') or less to the end of the temporary railing (Type K) being considered. The TSFCC shall be installed per CAL TRANS Standard Drawings T1 and T2 for approach speeds no less than the posted speed of the street prior to construction or 55 kilometers per hour (35 mph}, whichever is the greater. The TSFCC array shall be appropriate to the application as shown on said standard drawings. A Type J and/or P marker panel conforming to the requirements of the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement shall also be installed at each TSFCC array as shown in CAL TRANS Standard Drawings T1 and T2. Particular care shall be taken to assure that crash cushions are installed with the soil supporting them and the adjacent soil leveled to match the elevation of the bottom of the temporary railing immediately adjacent to the crash cushion. All routes of approach to the TSCFF {'\ •+' Revised 8/1 0/10 CONTRACT NO. 6618 Page 127 of 136 array shall be graded such that any vehicle diverging from the travelled way to strike the TSCFF will travel on a vertical alignment parallel to the segment of the travel lane that it departed from. Add the following section: 602-4 MEASUREMENT AND PAYMENT. Temporary traffic pavement markers, temporary channelizers, temporary signing, temporary railing (type K), temporary crash cushions and temporary appurtenances thereto shown on the plans or required in the specifications are a part of the lump-sum item for traffic control and payment therefore shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in applying, installing, maintaining, and removing temporary traffic pavement markers, channelizers, signing, railing (type K), crash cushions and appurtenances, complete in place, as shown on the plans, as specified in the Standard Specification and these special provisions, and as directed by the Engineer. Payment for temporary crash cushions, concrete barriers and the signs and reflectors marking them shall include the installation, grading for installation, grading for the approach path, maintenance, painting and re-painting, replacement of damaged units and removal and shall also be included in the lump-sum price bid for traffic control. Payment for installation and/or relocation of K-rails and crash cushions when not shown on the plans and requested by the Engineer shall be made per section 3-3, Extra Work, SSPWC. {'\ .... Revised 8/10/1 0 CONTRACT NO. 6618 Page 128 of 136 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 8 LANDSCAPE AND IRRIGATION Add the following: 308-1.1.1 General. The Contractor shall maintain all landscape and private property surrounding the construction to the greatest extent possible. Any landscape, plants, walls, or steps stones disturbed shall be restored to pre-construction condition. Reference the Technical Specifications Section 31 35 19.16 through 32 98 00 for Landscape Specifications. {'\ •fi' Revised 8/10/1 0 CONTRACT NO. 6618 Page 129 of 136 Agua Hedionda Creek Streambank Restoration Project (city of Carlsbad California PROJECT NO. 6618 LANDSCAPE SPECIFICATIONS SECTION 31 35 19.16 GEOTEXTILE SLOPE PROTECTION SECTION 32 84 00 PLANTING IRRIGATION SECTION 32 91 00 PLANTING PREPARATION SECTION 32 92 19 SEEDING SECTION 32 93 00 PLANTING SECTION 32 98 00 PLANT ESTABLISHMENT DUDEK FINAL SUBMITTAL April14, 2016 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad SECTION 31 35 19.16-GEOTEXTILE SLOPE PROTECTION PART 1 -GENERAL 1.01 GENERAL CONDITIONS Project No. 6618 April14, 2016 A. Requirements of the Contract Documents apply to work in this Section with same force and effect as though repeated in full herein. B. The requirements of this Section apply to fabric encapsulated soil treatment areas. 1.02 SCOPE OF WORK A. Furnish all materials, labor, transportation, services, and equipment necessary to install geotextile slope protection as shown on the Drawings and as specified herein. Any and all permits, fees, bonds and observations necessary to perform and complete this portion of the work shall be included. B. Work included in this Section: 1. Verification of Existing Conditions; 2. Preparation; 3. Fabric Encapsulated Soil Installation; 4. As-Built Drawings; 5. Cleanup; 6. Site Observation Before Final Installation Acceptance; 7. Site Observation Schedule; and 8. Final Installation Acceptance. C. Work related in other Sections: 1. Section 32 84 00 Planting Irrigation; 2. Section 32 91 00 Planting Preparation; 3. Section 32 92 19 Seeding; 4. Section 32 93 00 Planting; and 5. Section 32 98 00 Plant Establishment. 1.03 REQUIREMENTS OF REGULATORY AGENCIES A. Local, municipal and State laws, and rules and regulations governing or relating to any portion of this work are hereby incorporated into and made a part of these Specifications, and their provisions shall be carried out. Anything contained in these Specifications shall not be construed to conflict with any of the above rules and regulations or requirements of the same. However, wh~n these Drawings and Specifications call for or describe materials, workmanship or construction of a better quality, higher standard, or larger size than is required by the above rules and regulations, the provisions of these and Drawings and Specifications shall take precedence. GEOTEXTILE SLOPE PROTECTION 313519.16 Page 1 of 12 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad 1.04 REFERENCE STANDARDS Project No. 6618 April14, 2016 A. Standard Specifications for Public Works Construction (Greenbook). 1.05 DEFINITIONS B. Final Installation Acceptance: Final Installation Acceptance is the milestone when all installation work (i.e., all work except that required under Section 32 98 00 Plant Establishment) is completed and approved by the Engineer. C. Final Project Acceptance: Final Project Acceptance is the milestone when all work, including work under Section 32 98 00 Plant Establishment, is completed and approved by the Engineer. Final Project Acceptance does not in any way release the Contractor from the requirements or duration of any guarantees as per the Specifications. D. Installation Period: The Installation Period begins when the Notice to Proceed (NTP) is given and continues until all requirements indicated in the Drawings and Specifications are completed and approved, and the Engineer gives a written notice of a Final Installation Acceptance. E. Plant Establishment Period: The Plant Establishment Period begins immediately after the Engineer gives a written notice of a Final Installation Acceptance and continues until all requirements indicated in Section 32 98 00 Plant Establishment are completed and approved and the City gives a written notice of a Final Project Acceptance. 1.06 QUALITY CONTROL A. The manufacturer's directions and drawings shall be followed in all cases where the manufacturers of articles used in this Specification furnish directions covering points not shown in the Drawings and Specifications. B. At the time of delivery to the project site, the Contractor and the Engineer shall observe fabric encapsulated soil materials for moisture, mold, and other defects. The Contractor shall provide the Engineer with 48-hour advance notice for each request for approval of partial or complete deliveries to the project site. C. Tolerances: 1. Construct finished surfaces to plus or minus 3-inches of the elevations indicated on the Drawings. 2. Horizontal alignment of embankment slopes shall be within 6 inches of the contours indicated on the Drawings. GEOTEXTJLE SLOPE PROTECTION 31 35 19.16 Page 2 of 12 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad 1.07 QUALIFICATIONS Project No. 6618 April14, 2016 A. The fabric encapsulated soil material supplier shall be located within 1 00 miles of the project site, unless otherwise approved by the Engineer. 1.08 SUBMITTALS A. Approval of any item, alternate or substitute indicates only that the product or products apparently meet the requirements of the Drawings and Specifications on the basis of the information or samples submitted. B. Submit no later than 10 days after the award of Contract, 2 three-ring hard cover binders and 1 digital set containing the following information: 1. List of all proposed materials and equipment to be used indicated by description, manufacturer and model number, if applicable. Include catalog cuts where applicable. 2. A copy of the materials procurement order from the supplier including the name, address, and phone number of said supplier. 3. Written documentation that the fabric encapsulated soil materials listed on the Drawings are available. Any substitutions required due to unavailability must be requested in writing before confirmation of ordering. 4. A schedule identifying fabric encapsulated soil material procurement, storage, anticipated delivery dates, and anticipated installation dates for review and approval. 5. Manufacturer's warranty statements for fabric encapsulated soil materials provided. C. Submit all required samples within 10 days before to the start of installation. Samples shall be approved by the Engineer before ordering and performing work. Submit the following to the Engineer: 1. Erosion Control Netting; 12-inch X 12-inch samples; 2. Erosion Control Blankets; 12-inch X 12-inch samples; and 3. Staples; single staple. D. Provide and keep as-built drawings during the Installation Period as specified under Section 32 93 00 Planting. E. Engineer will provide approvals or direction for any needed corrections within 10- days of receipt of said submittals. GEOTEXTILE SLOPE PROTECTION 31 35 19.16 Page 3 of 12 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad 1.09 SUBSTITUTIONS Project No. 6618 April14, 2016 A. Substitutions for the materials listed on the Drawings and Specifications may be requested by providing the following information to the Engineer for approval, and shall be submitted according to Section 2-5.3 and 4-1.6 of the General Provisions: 1. Provide a statement indicating the reason for making the substitution. Use a separate sheet of paper for each item to be substituted. 2. Provide descriptive catalog literature, performance charts, and flow charts for each item to be substituted, demonstrating its "or equal" status. 3. Provide the amount of cost savings or cost increase if the substituted item is approved. B. The Engineer shall have the sole responsibility for accepting or rejecting substituted items as approved equals to the materials or equipment listed on the Drawings and Specifications. C. Specific reference to manufacturers' names and products specified in this Specification are used as standards of quality. This implies no right to substitute other materials without prior written approval by the Engineer. D. Any substituted materials installed without written approval by the Engineer may be rejected. E. If an approval is granted for a substitution, adjustment in the Contract amount will be made in accordance with the Contract Conditions. 1.1 0 SAMPLES, TESTS AND MOCK-UPS A. The Engineer reserves the right to take and analyze selected samples of fabric encapsulated soil materials for conformity to this Specification at any time. Rejected fabric encapsulated soil materials shall be removed from the site and be replaced at no cost. 1.11 PROJECT CONDITIONS A. Perform installation operations only when weather and soil conditions are suitable in accordance with locally accepted practice. 1.12 PRODUCT DELIVERY, STORAGE AND HANDLING A. All materials delivered to the project site shall be clearly marked to identify the item. B. Exercise care in handling, loading, unloading, and storing fabric encapsulated soil materials to ensure they are not damaged. GEOTEXTILE SLOPE PROTECTION 31 35 19.16 Page 4 of 12 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 C. Provide a storage site for the fabric encapsulated soil materials at the staging areas shown on the Drawings or as directed by the Engineer. Store in a manner to prevent damage from sunlight, moisture or contact with vehicles, equipment or tools. 1.13 REJECTION OF MATERIALS A. All fabric encapsulated soil materials not conforming to the requirements herein shall be considered defective and will be rejected. a. The Engineer shall mark such fabric encapsulated soil materials, whether in place or not, as rejected. b. Replacement fabric encapsulated soil materials shall be of the same types and condition as that indicated on the Drawings. B. Rejected materials shall be removed and disposed of according to State and local regulations by the Contractor at no additional cost. Rejected materials shall be replaced at no additional cost. 1.14 PROTECTION OF THE SITE A. Protect previously installed work and materials which may be affected by work of this Section. Provide safeguards and exercise caution against injury or defacement of existing site improvements. B. Repair damage and return the area to the previous condition at no additional cost. 1.15 COORDINATION A. Coordinate operations with subcontractors, as well as other contractors on or adjacent to the project site. B. Exercise extreme care in excavating and working near existing utilities. Repair any damages to these utilities at no additional cost. Check existing utility drawings for existing utility locations. C. Coordinate installation of all fabric encapsulated soil materials to avoid interference with utilities, other construction elements, and any existing vegetation. D. The Contractor shall coordinate with the Engineer to schedule the placement of materials and equipment necessary to complete the work. This space has been intentionally left blank. GEOTEXTILE SLOPE PROTECTION 31 35 19.16 Page 5 of 12 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad PART 2 -PRODUCTS 2.01 MATERIALS Project No. 6618 April14, 2016 A. Use only new materials of brands and types noted on the Drawings, specified in this Section or equals as approved by the Engineer. B. Erosion Control Netting 1. Erosion control netting shall be CoirMat 400 blanket, Coir Fiber Matting 400, or approved equal, 100% organic biodegradable within 5-10 years after installation, and conforming to the following: Unit weight Dry tensile strength (Machine direction) Dry tensile strength (cross direction) Wet tensile strength (Machine direction) Wet tensile strength (Cross direction) Elongation at failure Wet (Machine direction) Elongation at failure Wet (Cross direction) Open area Thickness Recommended shear stress 12-oz./SY (+/-2 oz.) 504 lbs/ft 480 lbs/ft 456 lbs/ft 360 lbs/ft 36% 31% 64% (+/-2 oz.) 0.30 in 3.2 lbs/sq. ft. 2. At no time shall "Photodegradable" or "UV stabilized" material be used. Erosion control fabric shall consist of material that is made of coir material with an open weave biodegradable woven geotextile with a non-shifting square mesh consisting of 1 00% coir fiber yarns in both the warp and the weft. Color shall be brown or earth tone. 3. Approved/Available Sources: CoirMat 400 blanket as manufactured by RoLanka International (1-800/760-3215}, Coir Fiber Matting 400 as manufactured by Eco Fabriks (1-877/264-7628}, or approved equal. C. Erosion Control Blanket 1. Erosion control fabric shall be BioNet C125BN, or approved equal, double net coconut blanket with 1 00% coconut fiber stitched with biodegradable thread between biodegradable natural-fiber top and bottom nets. Color shall be brown or earth tone. 2. Approved/Available Sources: BioNet C125BN (manufactured by North American Green: 1-800/772-2040), or approved equal. D. Staples 1. Staples shall be Eco-STAKE, or approved equal, 100% biodegradable "1"- shaped hardwood pin, 12-inches long, or approved equal. GEOTEXTILE SLOPE PROTECTION 313519.16 Page 6 of 12 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad E. Brush Layer Cuttings Project No. 6618 April14, 2016 1. Brush Layer Cuttings as prescribed in Section 32 93 00 Planting. 2.02 DELIVERY, HANDLING, AND STORAGE A. At the time of delivery to the project site, the Contractor and the Engineer shall observe materials for moisture, mold, and other defects. The Contractor shall provide the Engineer with 48-hour advance notice for each request for approval of partial or complete deliveries to the project site. B. All materials delivered to the project site shall be clearly marked to identify the item. Materials shall be delivered to the project site in their original, unopened packaging containing the manufacturer's guarantee. C. All material not conforming to the requirements herein shall be considered defective and shall be rejected. The Engineer will mark such materials, whether in place or not, as rejected. Replacement materials shall be of the same types and condition as that indicated on the Drawings and as prescribed herein. Rejected materials shall be removed and disposed of by the Contractor according to State and local regulations at no additional cost. Rejected materials shall be replaced at no additional cost. D. Exercise care in handling, loading, unloading, and storing materials to ensure they are not damaged. E. Provide a storage site for the materials at the staging areas shown on the Drawings or as directed by the Engineer. Store the materials in a manner to prevent damage from sunlight, moisture or contact with vehicles, equipment or tools. PART 3-EXECUTION 3.01 VERIFICATION OF EXISTING CONDITIONS A. Before performing the work in this Section, examine previously installed work from other contractors at the project site (if any) and verify that such work is complete and as required, to the point where this installation may begin properly. B. Areas to receive fabric encapsulated soil shall be planting and/or seeding areas prepared according to Section 32 91 00 Planting Preparation. C. If the soil in the area to receive fabric encapsulated soil was already "prepared" as part of planting or seeding operations, observe the area to determine if the soils have become hard or plastic and submit a report to the Engineer. If the soil conditions are not appropriate for installation of fabric encapsulated soil, submit a plan for preparing the soils without disturbing existing or installed plants to the satisfaction of the Engineer and at no additional cost. D. Remove all rocks, stones, sticks and debris larger than 1-inch in diameter from the surface of the areas to receive fabric encapsulated soil. GEOTEXTILE SLOPE PROTECTION 31 35 19.16 Page 7 of 12 Agua Hedionda Creek Stream bank 'Restoration Project City of Carlsbad Project No. 6618 April14, 2016 E. Obtain approval of finished grading performed under Section 32 91 00 Planting Preparation by the Engineer before installing fabric encapsulated soil. 3.02 PREPARATION A. Fabric Encapsulated Soil Layout 3.03 A. 1. Lay out the work, establish all necessary markers, bench marks, grading stakes, and other stakes as required, in accordance with the requirements specified the Earthwork specifications section. 2. Verify the location and depth of all underground utilities. 3. If any underground construction or utility lines are encountered in during installation of fabric encapsulated soil, immediately notify the Engineer for direction. Failure to notify the Engineer of any utilities encountered will render the Contractor responsible for rectifying any issues due to improper installation of fabric encapsulated soil material at no additional cost. 4. Locations for all fabric encapsulated soil shall be marked on the ground either by flagged grade stakes for the Engineer's review and approval before installation. Fabric encapsulated soil will be located at areas shown on the Drawings. 5. Trenching, placement of sub grade material, and placement of the boulders shall be as indicated on the Drawings and as prescribed in other specifications sections. FABRIC ENCAPSULATED SOIL INSTALLATION A. General Installation Guidelines 1. Seeding, according to Section 32 92 19 Seeding, shall be conducted before completion of fabric encapsulated soil; fabric encapsulated soil may be partially installed before seeding as long as the soil area to be seeded is exposed for seed application. The Contractor shall be responsible for coordination of seeding and fabric encapsulated soil installation. 2. Fabric encapsulated soil shall be anchored per the detail shown in the Drawings or as directed in the field by the Engineer. Rips, tears or, openings in the erosion control netting or blanket that may prevent containment of the fill material shall be repaired or the netting and blanket shall be replaced. GEOTEXTILE SLOPE PROTECTION 31 3519.16 Page 8 of 12 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad B. Erosion Control Netting and Fabric Project No. 6618 April14, 2016 1. Erosion control netting and fabric shall be installed only at locations shown on the Drawings, and as detailed on the Drawings; refer to the Drawings for exact locations. 2. Place the fill material type indicated on the Drawings uniformly over erosion control netting and blanket, and compact to 85 percent relative density. Maximum height for any single wrapped fill lift shall be 18-inches unless otherwise noted on the Drawings, or field directed by the Engineer. 3. Erosion control netting and fabric shall be pulled over the compacted fill and anchored at the outer bank per the trenching detail in the Drawings or as directed in the field by the Engineer. 4. Erosion control netting and fabric shall be installed according to manufacturer's specifications. Additionally, erosion control netting and fabric shall be installed from the bottom of the slope to the top of the slope, overlapping the netting/fabric in a shingle pattern as they are installed up slope. The fabric shall be anchored with staples as detailed on the Drawings or at the beginning and at the end of the treatment in a 12-inch deep by12-inch wide trench. Anchor the netting/fabric in the trenches with staples set 1-foot on-center spacing, backfill the trench and compact loose soil. Throughout the netting/fabric area, staples shall be spaced 1 per 1 square yard minimum placed with a minimum 12-inch overlap, with upstream portions of netting/fabric on top of downstream portions of netting/fabric. 5. Seeding, according to SECTION 32 92 19, SEEDING, shall be conducted before completion of erosion control netting and fabric installation; fabric may be partially installed before seeding as long as the soil area to be seeded is exposed for seed application. The Contractor shall be responsible for seeding and erosion control netting and fabric placement coordination. 6. For container planting and cutting installation, according to SECTION 32 93 00, PLANTING, erosion control netting and fabric shall be cut in a "T" slit at the base (downslope end of slit) as detailed on the Drawings. Erosion control netting and fabric shall then be folded back to accommodate planting pit excavation. At no time shall any erosion control netting and fabric be removed or cut free. Cut netting and fabric shall be replaced on top of planting pits and pinned down with staples after planting is complete. 3.04 AS-BUlL T DRAWINGS A. The Contractor shall prepare as-built drawings as specified in Section 32 93 00 Plants. GEOTEXTILE SLOPE PROTECTION 313519.16 Page 9 of 12 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 Apri114, 2016 3.05 CLEANUP A. B. C. D. E. 3.06 A. B. C. D. E. F. Site cleanup shall occur on a daily basis and as each phase of the work concludes. Remove all trash and excess dirt caused from the work according to State and local regulations. Contractor shall make arrangements for disposing of these materials outside the project site and shall pay all costs involved. Arrangements shall include, but not be limited to, entering into agreements with property owners and obtaining necessary permits, licenses, and environmental clearances. Sweep all adjacent walks and paved areas on a weekly basis throughout the duration of the project. Repair all scars, ruts or other marks in the ground caused by the work. Upon completion of the work, smooth all ground surfaces, remove excess dirt, materials, rubbish and debris according to State and local regulations to an offsite lo'cation or as directed by the Engineer. Sweep adjacent streets, curbs, gutters and sidewalks and remove construction equipment from the premises. SITE OBSERVATION BEFORE FINAL INSTALLATION ACCEPTANCE Review fabric encapsulated soil material installation in its entirety with the Engineer before the start of the Plant Establishment Period. Items deemed not acceptable by the Engineer, shall be reworked to meet the Drawings and Specifications. Corrective actions shall be in strict conformance with the Drawings and these Specifications and according to the Engineer, and shall be completed at the Contractor's expense. The Engineer will perform progress observations of the work and construction operations on completion of installation stages. The Engineer and the Contractor shall be agree upon the installation stages for this Specification before starting work and be present on mutually agreed-on dates for the observations for each stage. If, after an observation, the Engineer is satisfied with the construction to date and its conformance to the Drawings and the Specifications, the Engineer will grant written notice of provisional acceptance for that construction stage. If, after an observation, the Engineer is dissatisfied with the construction to date and its conformance to the Drawings and the Specifications, the Engineer will prepare a written punch list of necessary corrective action on defective work for that construction stage. All corrections must be completed and will be reobserved by the Engineer within 10 working days from the date of the initial observation. Project observations shall not occur until all punch list items from previous observations are corrected. Failure to correct problems in the time specified by GEOTEXTILE SLOPE PROTECTION 31 35 19.16 Page 10 of 12 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 G. 3.07 A. the Engineer may result in a delay of payment for the said tasks until the items in question are remedied per the Engineer's direction. The Contractor shall be charged for any additional construction observations and punch lists required from the Engineer for unscheduled and necessary reobservation of the work due to unsatisfactorily or incompletely addressing previous punch lists. SITE OBSERVATION SCHEDULE Provide the Engineer with 48 hours of advance notification, except as otherwise noted, for required stage acceptance observations including, but not limited to, the following: 1. Staked locations of all fabric encapsulated soil treatment areas. 2. Progress installations of fabric encapsulated soil treatment areas. 3. Completed installations of fabric encapsulated soil treatment areas. 4. Substantial Completion Observation: Final installation observation before the start of the Plant Establishment Period. (Provide 1 0 working days of advance written notice). 3.08 FINAL INSTALLATION ACCEPTANCE A. Final Installation Acceptance will be issued as specified in Section 32 93 00 Planting. Following the Final Installation Acceptance, the Plant Establishment Period shall begin. END OF SECTION 31 35 19.16 GEOTEXTILE SLOPE PROTECTION 31 35 19.16 Page 11 of 12 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad This page has been intentionally left blank. GEOTEXTILE SLOPE PROTECTION 31 35 19.16 Project No. 6618 April14, 2016 Page 12 of 12 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad SECTION 32 84 00-PLANTING IRRIGATION PART 1 -GENERAL 1.01 GENERAL CONDITIONS Project No. 6618 April14, 2016 A. Requirements of the Contract Documents apply to work in this Section with same force and effect as though repeated in full herein. 1.02 SCOPE OF WORK A. Furnish all materials, labor, transportation, services, and equipment necessary to install planting irrigation as shown on the Drawings and as specified herein. Any and all permits, fees, bonds and observations necessary to perform and complete this portion of the work shall be included. B. Work included in this Section: 1. Preparation; 2. Installation; 3. Installation of Other Components; 4. System Flushing; 5. Field Quality Control; 6. Irrigation System Operations; 7. Temporary Repairs; 8. As-Built Drawings; 9. Cleanup; and 10. Site Observations C. Work related in other Sections: 1. Section 31 35 19.16, Geotextile Slope Protection; 2. Section 32 91 00 Planting Preparation; 3. Section 32 92 19 Seeding; 4. Section 32 93 00 Planting; and 5. Section 32 01 90 Plant Establishment. D. The revegetation intent is to provide persistent plants. Irrigation and watering applications shall be conducted to establish healthy and vigorous plants that are not irrigation-dependent after 2 years post-installation of all plant materials. The installed irrigation system shall be fully operational through the Plant Establishment Period, and for a minimum of 2 years post- installation of all plant materials. Water shall be applied in a way to allow for the 'weaning off' of plants. Once plants are established and written approval has been received from the Engineer, the temporary irrigation system will be removed off-site according to State and local regulations. If the Engineer determines that some planted areas require additional irrigation beyond the Plant Establishment Period to survive, irrigation system shall remain in place until further notice to Contractor. Compensation to Contractor for additional services, if needed, will be negotiated at the end of the Plant Establishment Period. PLANTING IRRIGATION 32 84 00 Page 1 of 16 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad 1.03 REQUIREMENTS OF REGULATORY AGENCIES Project No. 6618 Apri114, 2016 A. Local, municipal and State laws, and rules and regulations governing or relating to any portion of this work are hereby incorporated into and made a part of these Specifications, and their provisions shall be carried out. Anything contained in these Specifications shall not be construed to conflict with any of the above rules and regulations or requirements of the same. However, when these Drawings and Specifications call for or describe materials, workmanship or construction of a better quality, higher standard, or larger size than is required by the above rules and regulations, the provisions of these and Drawings and Specifications shall take precedence. 1.04 REFERENCE STANDARDS A. Work and materials shall be in accordance with the latest edition of the Uniform Plumbing Code as published by the Western Plumbing Officials Association and applicable laws and regulations of the governing authorities. B. Standard Specifications for Public Works Construction (Greenbook) .. 1.05 DEFINITIONS A. Installation Period: The Installation Period begins when the Notice to Proceed (NTP) is given and continues until all requirements indicated in the Drawings and these Specifications are completed and approved, and the Engineer gives a written acceptance of the installation. B. Irrigation Season: The Irrigation Season refers to the beginning and ending dates for watering, and shall be March 15 to December 15 and at other times according to the direction of the Engineer. C. Plant Establishment Period: The Plant Establishment Period begins immediately after the Engineer gives a written notice of a Final Installation Acceptance and continues until all requirements indicated in Section 32 98 00 Plant Establishment are completed and approved and the Engineer gives a written notice of a Final Project Acceptance. D. Final Project Acceptance: Final Project Acceptance is the milestone when all work, including work under Section 32 98 00 Plant Establishment, is completed and approved by the Engineer. Final Project Acceptance does not in any way release the Contractor from the requirements or duration of any guarantees according to the Specifications. 1.06 QUALITY CONTROL A. The manufacturer's directions and drawings shall be followed in all cases where the manufacturers of articles used in this Specification furnish directions covering points not shown in the Drawings and Specifications. PLANTING IRRIGATION 32 84 00 Page 2 of 16 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 B. Due to the scale of the Drawings, it is not possible to indicate all offsets, fittings, etc. which may be required. Therefore, the Contractor shall adhere to the following: 1. Investigate the structural and finish conditions affecting all of the work described herein and plan accordingly, furnishing such fittings, etc. as may be required to meet such conditions. 2. The Drawings are diagrammatic only for graphic clarity and are indicative in such a manner to avoid conflicts between irrigation systems, planting, and other site features. 3. Furnish all materials, labor, transportation, services, and equipment necessary to install a complete and fully operational system. 4. Do not willfully install the irrigation system as shown on the Drawings when it is obvious in the field that obstructions, grade differences or discrepancies in area dimensions exist that might not have been considered in the system design. Such obstructions or differences should be brought to the attention of the Engineer. In the event that this notification is not performed, assume full responsibility for any necessary revisions at no additional cost. 5. Install a complete and fully operational system to meet the performance requirements included in this section. 6. All work called for on the Drawings by notes or details shall be furnished and installed whether or not specifically mentioned in this Specification. 7. The irrigation system is designed to operate at a minimum operating pressure and the maximum flow rates indicated on the Drawings. Verify the existing water pressure at the point of connection before starting construction of the irrigation system. If there is a discrepancy between the Drawings and the actual site conditions, notify the Engineer immediately for direction; the Contractor assumes full responsibility for any revisions or modifications required to provide a fully operational system, at no additional cost, if the Engineer is not notified before the start of construction. 1.07 SUBMITIALS A. Approval of any item, alternate or substitute indicates only that the product or products apparently meet the requirements of the Drawings and Specifications on the basis of the information or samples submitted. B. Submit no later than 10 days after the award of Contract, 2 three-ring hard cover binders and 1 digital set containing the following information: 1. Materials List: a complete material list including the manufacturer, model number and description of each material and type of PLANTING IRRIGATION 32 84 00 Page 3 of 16 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 equipment to be used. The irrigation submittal list must bE:! specific and complete. All items must be listed and should include solvent/primer, valve boxes, etc. Copies of manufacturer's literature (catalog sheets) are not required as submittal information. 2. Shop Drawings: if deviations to the plan, layout, or construction are proposed, submit shop drawings showing the proposed irrigation system modifications and modified details for review and approval by the Engineer before ordering any equipment. 3. Schedule: a schedule identifying irrigation materials procurement, storage, anticipated delivery dates, and anticipated installation dates for review and approval. C. The Contractor shall submit to the Engineer within 1 0 days following approval of shop drawings a copy of the materials procurement order from the supplier including the name, address, and phone number of said supplier and the estimated date(s) and quantities for delivery from the supplier. Indicate items in stock at time of order and submit the latest test results. D. Submit written Irrigation Guarantee as detailed in this Section no later than 10 days after the award of Contract. E. Submit no later than 10 days after the award of Contract, 2 three-ring hard cover binders of the Operation and Maintenance Manual, each containing the following information: 1. Index sheets stating the Contractor's address and telephone number and a list of equipment with the names and addresses of local manufacturers' representatives. 2. Catalog and part sheets for each material and type of equipment installed under this Contract. 3. Manufacturer's warranty statements for irrigation equipment provided. No installations will be accepted without warranty statements. 4. Complete operating and maintenance instruction for all major equipment. 5. Provide a copy of the complete material list referenced above. F. Provide and keep as-built irrigation drawings during the Installation Period as specified under Section 32 93 00, Planting. G. Submit proof of warranty for all irrigation materials and equipment to the Engineer before the Final Installation Acceptance. Obtain the necessary warranty statements from the equipment supplier. PLANTING IRRIGATION 32 84 00 Page 4 of 16 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 H. Engineer will provide approvals or direction for any needed corrections or re- submittals within 1 0-days of receipt of said submittals. 1.08 PRODUCT DELIVERY, STORAGE AND HANDLING A. All materials and equipment delivered to the project site shall be clearly marked to identify the item, material, class, and thickness. B. PVC pipe shall be transported in a vehicle that enables the entire length of pipe to lie flat, so that it is not to subject to undue bending or concentrated external load at any point. Sections of pipe that have been dented or damaged will be discarded and, if installed, shall be replaced with new piping. C. Exercise care in handling, loading, unloading, and storing irrigation materials and equipment to ensure they are not damaged. At all times, avoid dropping pipe. D. Provide a storage site for the irrigation materials and equipment at the staging areas shown on the Drawings or as directed by the Engineer. Store in a manner to prevent damage from sunlight, moisture or contact with vehicles, equipment or tools. 1.09 SUBSTITUTIONS A. Substitutions for the materials listed on the Drawings and Specifications may be requested by providing the following information to the Engineer for approval, and shall be submitted according to Section 2-5.3 and 4-1.6 of the General Provisions: 1. Provide a statement indicating the reason for making the substitution. Use a separate sheet of paper for each item to be substituted. 2. Provide descriptive catalog literature, performance charts, and flow charts for each item to be substituted, demonstrating its "or equal" status. 3. Provide the amount of cost savings or cost increase if the substituted item is approved. B. The Engineer shall have the sole responsibility for accepting or rejecting substituted items as approved equals to the materials or equipment listed on the Drawings and Specifications. C. Specific reference to manufacturers' names and products specified in this Specification are used as standards of quality. This implies no right to substitute other materials without prior written approval by the Engineer. D. Any substituted materials installed without written approval by the Engineer may be rejected. PLANTING IRRIGATION 32 84 00 Page 5 of 16 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 E. If an approval is granted for a substitution, adjustment in the Contract amount will be made in accordance with the Contract Conditions. 1.10 REJECTION OF MATERIALS A. All materials not conforming to the requirements herein shall be considered defective and will be rejected. B. Equipment and/or materials installed or furnished without prior approval of the Engineer may be subject to rejection. C. Rejected materials shall be removed and disposed of according to State and local regulations by the Contractor at no additional cost. Rejected materials shall be replaced at no additional cost. 1.11 PROTECTION OF THE SITE A. Protect previously installed work and materials which may be affected by work of this Section. Provide safeguards and exercise caution against injury or defacement of existing site improvements. B. Protect pipes and fittings from direct sunlight and avoid undue bending and any concentrated external loading. Pipe or fittings that have been damaged shall not be used. C. Repair damage and return the area to the previous condition at no additional cost. D. Existing irrigation systems shall be retained in operation at all times. When the existing system is damaged, repairs shall be made immediately. After each repair, sprinkler heads of the repaired system shall be removed so that the lines can be cleared of dirt and flushed of any foreign matter. 1.12 COORDINATION A. Coordinate operations with subcontractors, as well as other contractors on or adjacent to the project site. B. Exercise extreme care in excavating and working near existing utilities. Repair any damages to these utilities at no additional cost. Check existing utility drawings for existing utility locations. C. Coordinate installation of all irrigation equipment and materials to avoid interference with utilities, other construction elements, and any existing or newly planted or seeded vegetation. D. The Contractor shall coordinate with the Engineer to schedule the placement of all materials and equipment necessary to complete the work. PLANTING IRRIGATION 32 84 00 Page 6 of 16 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad PART 2-PRODUCTS 2.01 MATERIALS Project No. 6618 April14, 2016 A. Use only new materials of brands and types noted on the Drawings, specified in this Section or equals as approved by the Engineer. All pipe sizes indicated on the Drawings and prescribed herein are nominal inside diameter, unless otherwise noted. B. Pipe and Fittings 1. All piping shall be 1-inch size minimum and less than or equal to 2- 112 inches. Pipe shall be Schedule 40 PVC, Type I, manufactured in conformance to ASTM D2241 for rigid PVC compounds. 2. Unless otherwise specified, pipe fittings shall be Schedule 40, polyvinylchloride (PVC) solvent-weld fittings that conform to ASTM D1785. For threaded joints, only factory-formed threads will be permitted on PVC pipe fittings. Solvent-weld joint primer of a different color than the pipes and slow-set gray cement shall be used on main line pipe joints. Clear, quick-set cement shall be used on lateral line pipe joints. C. Riser Pipe 1. Riser pipe shall be %-inch size minimum and less than 2 inches. Pipe shall be Schedule 40 PVC, Type I, manufactured in conformance to ASTM D2241 for rigid PVC compounds. D. PVC pipe must bear the following markings: 1. Manufacturer's name; 2. Nominal pipe size; 3. Schedule or class; 4. Pressure rating in pounds per square inch (psi); 5. NSF (National Sanitation Foundation) approval; and 6. Date of extrusion. Fittings shall bear the manufacturer's name or trademark, material designation, size, applicable IPS schedule and NSF seal of approval. E. Shut off Valves I Manual Control Valves 1. Shut off I manual control valves shall be plastic ball valves as prescribed on the drawings. F. Spray Sprinklers 1. Spray sprinklers shall be as prescribed on the Drawings. PLANTING IRRIGATION 32 84 00 Page 7 of 16 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 2. Sprinkler risers and anchors shall be as detailed on the Drawings. 3. Clamps shall be %-inch galvanized steel conduit clamps. G. Pump and Pad 1. Engine-driven pump shall be supplied by the Contractor and shall be a portable and self-generating engine-driven pump, 5 HP, with 2" NPT intake and suction strainer, and capable of delivering water to the irrigation system at a minimum rate of 60 gallons per minute at 65 PSI. Approved/Available Sources: Grainger, or approved equal. a. The suction strainer will have X-inch mesh intake screen. b. The intake screen will be that which is included with the mobile pump. 2. Pad for the pump shall consist of %-inch crushed gravel contained by 2-inch by 6-inch pressure treated Douglas fir header board; stakes shall be 1-inch by 12-inch wood stakes fastened with 8d hot dipped galvanized nails. H. Intake Hose 1. Intake hose shall be standard trash pump intake hose; Contractor shall submit catalog cut sheet to Engineer for approval before ordering hose. I. Foot Valve 1. Foot valve shall be a 2-inch in-take valve with lead-free certified red brass casting, tapered stainless steel screen and cap, stainless steel spring, non-corrosive nylon stem guide, abrasion-resistant NBR 0- ring, and machined exterior; rated 200 psi WOG, 190°F maximum operating temperature. Approved/Available Sources: Campbell model FV-12T, or approved equal. J. Other Components 1. Provide operating keys, servicing tools, test equipment, other items, and spare parts to support the items prescribed in this Specification. 2. Provide other materials or equipment not shown on the Drawings or referenced in this Specification necessary to complete the installation of the irrigation system and for proper operation of all components. Said materials shall be provided according to industry standards. PLANTING IRRIGATION 32 84 00 Page 8 of 16 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad PART 3-EXECUTION 3.01 IRRIGATION SYSTEM DESIGN Project No. 6618 April14, 2016 A. The irrigation system design shown on the Drawings is diagrammatic to communicate the suggested approach for watering the revegetation shown on the Drawings. The Contractor shall be responsible for refining the design for and providing a temporary spray sprinkler delivery system to the plants. B. The Contractor shall install an above grade irrigation system to meet the requirements for watering the plants at the frequency, rate, and for the duration of the Plant Establishment Period as prescribed in Section 32 98 00 Plant Establishment, and for a period extending a minimum of 2 years following plant installation. C. All vandalism or other damage to the system that may occur shall be the responsibility of the Contractor to repair and/or replace damaged components immediately so that the plants do not miss any watering events. 3.02 PREPARATION A. Site Conditions 1. Before starting the work, verify site conditions and be familiar with existing grade conditions, locations of existing features to be preserved, and all existing vegetation to remain. Coordinate installation of all irrigation materials to avoid interference with utilities, other construction elements, and existing vegetation. Field adjustments based upon Engineer's approval may be necessary to avoid disturbances. 2. Carefully check all finished grades to ensure that construction may safely proceed before starting work on the irrigation system. 3. Report irregularities to Engineer before beginning work; beginning of work implies acceptance of existing conditions. 4. Scaled dimensions on the Drawings are approximate. Before ordering materials or proceeding with work, the Contractor shall verify all dimensions and quantities between the Drawings, these Specifications and field conditions; any and all discrepancies shall be reported immediately to the Engineer. 5. Exercise extreme care in excavating and working near existing utilities. The Contractor shall be responsible for damages to these utilities. Check existing utility drawings for existing utility locations. The Contractor shall call "Dig Alert" as prescribed on the Drawings to field verify all utilities before the start of any work. PLANTING IRRIGATION 32 84 00 Page 9 of 16 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 6. All parts of the irrigation system construction operations shall be subject to observation and approval by the Engineer as indicated under this Section. B. Physical Layout 1. Before installation, stake out all irrigation lines and flag the locations of all components of the irrigation system's layout, including, but not limited to, mainline pipe, lateral line pipe, shut off valves, quick coupling valves, manual control valves, and spray sprinkler heads. 2. Layout shall be approved by the Engineer before installation. 3. Irrigation equipment shall be placed as shown on the Drawings. C. Water Source for Irrigation 1. The existing creek shall be used to supply the water for the irrigation system. Should insufficient water be available in the creek, the Contractor shall purpose and submit shop drawings for an alternative water source adequate to supply the needed water for the irrigation system. 2. The Contractor shall provide an engine-driven pump to draw water from the creek to provide the required water pressure and flow to energize the irrigation system. 3. The Contractor shall install a pad for the pump, at the location shown on the Drawings, unless otherwise approved by the Engineer. The pad shall be 6-feet by 6-feet, and consist of crushed gravel set to a 6- inch minimum depth. Said gravel shall be container by header board on each of the four sides of the pad; said header board shall be secured in place with wood stakes nailed to said header board, minimum 3 stakes per header board on each side of pad. 4. The Contractor shall bring one pump to the project site for operation of the irrigation systems; at no time shall multiple pumps be used. The pump shall be placed on the pad and attached to the supply lines at the locations shown on the Drawings to operate each valved sprinkler system. Upon completion of a given irrigation event (operation of all valved systems, the pump shall be removed off site and kept at the Contractor's shop. 5. The Contractor shall supply and use intake hose connected to the pump, with one end placed in the creek with a fine mesh filter to draw water from the creek to the pump. The foot valve shall be installed at the intake end of the intake hose, and within the creek at the location shown on the Drawings. PLANTING IRRIGATION 32 84 00 Page 10of16 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 6. The Contractor shall be responsible for cleaning the filter and intake screen at pump before each watering event for the duration of the construction period, before the start of the maintenance period. 7. As needed, the Contractor shall be responsible for paying all costs and fees associated with water supply through the duration of the Contract, including through the duration of the Plant Establishment Period. 8. At the Contractor's discretion, or if needed due to low flows in the creek, water trucks may be used to supply water to the irrigation system for this project. 3.03 INSTALLATION A. The Contractor shall supply and install the irrigation system shown on the Drawings and as specified herein to adequately water the plant materials as prescribed in Section 32 93 00 Planting. B. The irrigation system shall be installed in September, with a fully-operational system in place by September 30. C. Use spray irrigation systems for all plantings. D. Assemblies 1. Engineer shall approve all pipe and fittings before installation. 2. Routing of irrigation lines as indicated on the Drawings is diagrammatic only. Install all assemblies specified herein in accordance with their respective details on the Drawings. In absence of Drawings or Specifications pertaining to specific items required to complete this work, perform such work in accordance with best standard practice with approval of the Engineer. Installation and solvent welding methods shall be as recommended by the pipe and fitting manufacturer. 3. Keep pipe free from dirt and pipe scale. Pipes and fittings shall be thoroughly cleaned of dirt, dust, and moisture before installation. 4. Cut pipe ends square and debur pipe. 5. Keep ends of assembled pipe capped. Remove caps only when necessary to continue assembly. 6. Install pipe with all markings up for visual observation and verification. 7. At no time shall multiple irrigation head assemblies be installed in plastic line end runs; provide each head assembly with its own outlet. PLANTING IRRIGATION 32 84 00 Page 11 of 16 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 8. All main line and lateral line pipe shall be set on grade; therefore, trenching or backfilling are not necessary. The Contractor shall install the assembly in conformance to standard installation practices. 9. For PVC-to-metal connections, the Contractor shall use a Schedule 80 PVC male adapter, working with the metal connections first. The threads of the male adapter shall be wrapped in Teflon tape, inserted into the female fitting, and lightly tightened with a wrench. Pipe dope will not be allowed on PVC-to-metal connections. Pipe joint compound shall be used on all metal-to-metal threaded joints. Threaded PVC adapters that can be welded for threaded PVC connections shall be used. 10. For PVC-to-PVC connections, solvent-weld joints shall be of commercial quality and made according to manufacturer's specifications for solvent-weld piping. Pipes and fittings shall be completely cleaned to be free of dirt, dust, and moisture before the application of primer and solvent cement. After cementing, the pipes and fittings should be held in position for 45 seconds to permit cement to set thoroughly before moving. Main lines shall be allowed to set for at least 24 hours before the system is flushed or pressure is applied to the system. No primer is required for lateral line installation. Clear, quick-set cement shall be used on lateral line pipe joints. 11. All pipe shall be set immediately above grade and securely anchored as detailed on the Drawings. 12. Riser pipe shall be installed as shown on the Drawings. E. Shut Off I Manual Control Valve Installation 1. Locate and install shut off valves to operate the specified irrigation systems as indicated on the Drawings. Stake the locations of all shut off valves for approval by the Engineer before installation. 2. Valves shall be installed on grade and staked as detailed on the Drawings. 3. All valves shall have a minimum 1-foot clear separation when arranged side by side. 4. At no time shall more than one valve be operated at any one time. F. Spray Irrigation System 1. The spray irrigation system shall be supplied, installed, and operated according to this Section and as detailed on the Drawings. Spray sprinkler heads shall be set perpendicular to finish grades unless otherwise indicated on the Drawings. PLANTING IRRIGATION 32 84 00 Page 12 of 16 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 2. Main line pipe shall be installed from the pump to the individual shut off valves. 3. Install lateral line pipe shall be installed from the manual control valves to the individual sprinklers set on risers. 4. Sprinklers shall be secured to rebar stakes with a minimum of 3 clamps. 5. Spacing of spray sprinkler heads shall not exceed the maximum spacing as indicated on the Drawings. In no case shall the spacing exceed the maximum recommended by the manufacturer. G. Irrigation Piping Clearance 1. Irrigation piping shall have a minimum clearance of 6 inches from other irrigation piping and the piping of other trades. Pipe lines routed parallel shall not be installed directly over one another. 3.04 INSTALLATION OF OTHER COMPONENTS A. Install other required materials or equipment shown on the Drawings or installation details to be part of the irrigation system, even though such items may not have been referenced in this Specification. 3.05 SYSTEM FLUSHING A. After pipe lines and risers are in place and connected and before installation of spray sprinkler heads, the irrigation system shall be energized and a full head of water used to flush out the system of any dirt and/or debris. Spray sprinkler heads shall be installed only after flushing of the system has been performed. 3.06 FIELD QUALITY CONTROL A. Adjustment of the Irrigation System 1. If it is determined that adjustment to the spray sprinkler heads will provide proper and more adequate coverage, make such adjustments before any planting. Adjustments may also include changes in spray sprinkler sizes, and spray sprinkler degrees of arc as required and as approved by the Engineer. 2. Contact the Engineer immediately upon finding any field conditions that would conflict with the irrigation design on the Drawings. All field adjustments must be approved by the Engineer before construction of said adjustments; failure to do so shall result in assumption of full responsibility for any required revisions or modifications to the system, as directed by the Engineer, at no additional cost. PLANTING IRRIGATION 32 84 00 Page 13 of 16 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 B. If it is determined that the irrigation system or any of its parts or equipment are improperly installed, corrections shall be made by the Contractor, at no additional expense, to ensure that the system conforms to the Drawings and/or these Specifications. Furnish materials and perform work necessary to correct any inadequacies of water coverage due to any deviations from the Drawings, or where the irrigation system has been willfully installed as indicated on the Drawings when it was obviously inadequate, without bringing this to the attention of the Engineer. 3.07 IRRIGATION SYSTEM OPERATION A. The major portions of the irrigation system shall be installed before the installation of any plants or seeded areas. B. Irrigation of all plants and seeded areas shall begin the same day as plant installation. All irrigation installation operations must be conducted in coordination with plant location field marking, planting hole excavation, and seeding area field marking, according to Section 32 93 00 Planting. C. The irrigation system shall be operated to provide watering of the project site as specified in Sections 32 93 00 Planting. 3.08 TEMPORARY REPAIRS A. The Engineer reserves the right to make temporary repairs as necessary to keep the irrigation system in operating condition. The exercise of this right by the Engineer shall not relieve the Contractor of the responsibilities under the terms of the Irrigation Guarantee as herein specified. B. The Engineer will notify the Contractor, in writing, of any repairs within 48 hours before the time of the repairs. If irrigation system adjustments are determined necessary, the Contractor shall proceed only after receiving written approval from the Engineer for such adjustments. 3.09 CLEANUP A. Site cleanup shall occur on a daily basis and as each phase of the work concludes. B. Remove all trash and excess dirt caused from the work according to State and local regulations. Contractor shall make arrangements for disposing of these materials outside the project site and shall pay all costs involved. Arrangements shall include, but not be limited to, entering into agreements with property owners and/or the City, and obtaining necessary permits, licenses, and environmental clearances. C. Sweep all adjacent walks and paved areas on a weekly basis throughout the duration of the project. D. Repair all scars, ruts, soil subsidence, or other marks in the ground caused by the work. PLANTING IRRIGATION 32 84 00 Page 14 of 16 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 E. Upon completion of the work, smooth all ground surfaces, remove excess dirt, materials, rubbish and debris according to State and local regulations to an offsite location or as directed by the Engineer. Sweep adjacent streets, curbs, gutters and sidewalks and remove all construction equipment and excess materials from the premises. 3.10 SITE OBSERVATIONS A. Corrective actions shall be in strict conformance with the Drawings and these Specifications and according to the Engineer, and shall be completed at the Contractor's expense. B. The Engineer will perform progress observations of the work and construction operations on completion of installation stages. The Engineer and the Contractor shall agree upon the installation stages before starting work and be present on mutually agreed-on dates for the observations for each stage. C. If, after an observation, the Engineer is satisfied with the construction to date and its conformance to the Drawings and the Specifications, the Engineer will provide written notice of provisional acceptance for that construction stage. D. If, after an observation, the Engineer is dissatisfied with the construction to date and its conformance to the Drawings and the Specifications, the Engineer will prepare a written punch list of necessary corrective action on defective work for that construction stage. All corrections must be completed and will be re-o bserved by the Engineer within 10 working days from the date of the initial observation. E. Project observations shall not occur until all punch list items from previous observations are corrected. Failure to correct problems in the time specified by the Engineer may result in a delay of payment for the said tasks until the items in question are remedied per the Engineer's direction. F. The Contractor shall be charged for any additional construction observations and verification of punch list items required from the Engineer for unscheduled and necessary re-observation of the work due to unsatisfactory or incomplete installations of previous punch list items. G. Provide the Engineer with 48 hours of advance notification, except as otherwise noted, for required construction stage acceptance observations including, but not limited to, the following: 1. Staked locations of mainline, lateral line, all valves, spray sprinkler heads; 2. Progress installations of mainline, lateral line, all valves, spray sprinkler heads; PLANTING IRRIGATION 32 84 00 Page 15 of 16 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 3. Completed installations of mainline, lateral line, all valves, spray sprinkler heads; and 4. Substantial Completion Observation: Final installation observation before the start of the Plant Establishment Period. (Provide 10 working days of advance written notice). H. Following the Substantial Completion Observation and upon the Engineer's acceptance of the planting irrigation installation, as well as the related work prescribed in other Sections, the Plant Establishment Period shall begin according to Section 32 98 00. END OF SECTION 32 84 00 This space has been intentionally left blank. PLANTING IRRIGATION 32 84 00 Page 16 of 16 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad SECTION 32 91 00-PLANTING PREPARATION PART 1 -GENERAL 1.01 GENERAL CONDITIONS Project No. 6618 April14, 2016 A. Requirements of the Contract Documents apply to work in this Section with same force and effect as though repeated in full herein. 1.02 SCOPE OF WORK A. Furnish all materials, labor, transportation, services, and equipment necessary to conduct planting preparation work as specified herein. The Contractor shall perform work according to all applicable laws, codes, and regulations required by Federal, State, and local authorities to complete the work specified herein. Any and all permits, fees, bonds, and observations necessary to perform and complete the work shall be included. B. Work included in this Section: 1. Mobilization and Demobilization; 2. Verify Site Conditions; 3. Preservation; 4. Site Preparation; 5. Non-native Invasive/Exotic Species Removal; 6. Soil Rehabilitation; 7. Fine Grading Operations; 8. Cleanup; and 9. Site Observations. C. Work related in other Sections: 1. Section 31 3519.16, Geotextile Slope Protection; 2. Section 32 84 00 Planting Irrigation; 3. Section 32 92 19 Seeding; 4. Section 32 93 00 Planting; and 5. Section 32 98 00 Plant Establishment. 1.03 REQUIREMENTS OF REGULATORY AGENCIES A. All Federal, State, and local laws and regulations governing this work are hereby incorporated into and made part of this Section. When this Section calls for certain materials, workmanship or a level of construction that exceeds the level of Federal, State, or local requirements, the provisions of this Section shall take precedence. 1.04 REFERENCE STANDARDS A. Standard Specifications for Public Works Construction (Greenbook). PLANTING PREPARATION 32 91 00 Page 1 of 16 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad 1.05 DEFINITIONS Project No. 6618 April 14, 2016 B. Compacted Soil: Compacted soil is soil having a density and strength sufficient to reduce plant growth and survival. Soil penetrability requiring greater than 250 pounds per square inch (PSI) to insert a cone penetrometer shall indicate compacted conditions. C. Topsoil: Topsoil is the uppermost layer of the existing soil that typically is rich in organic matter and usually distinct in color from deeper layers of soil. For this project, the upper 4-inches of soil on the project site will be considered topsoil. D. Duff: Duff is a layer of decomposing organic materials between and intergrading with the overlying mulch and underlying topsoil. E. Installation Period: The Installation Period begins when the Notice to Proceed (NTP) is given and continues until all requirements indicated in the Drawings and these Specifications are completed and approved, and the Engineer gives a written acceptance of the installation. F. Plant Establishment Period: The Plant Establishment Period begins immediately after the Engineer gives a written notice of a Final Installation Acceptance and continues until all requirements indicated in Section 32 98 00 Plant Establishment are completed and approved and the Engineer gives a written notice of a Final Project Acceptance. 1.06 QUALITY CONTROL A. Verify all dimensions and information shown on the Drawings and these Specifications with actual field conditions. 1. All discrepancies should be immediately reported to the Engineer. Work will be terminated in the area of the discrepancy until the Engineer has provided a written resolution to the conflict. Assume full responsibility for proceeding with work without written approval. B. Coordinate the planting preparation operations to avoid conflicts with other construction and any existing features. If conflicts are foreseen or arise, immediately notify the Engineer for resolution. 1.07 SUBMITTALS A. Submit no later than 1 0 days after the award of Contract, 2 three-ring hard cover binders and 1 digital set containing the following information: 1. List of all proposed materials and equipment to be used indicated by description, manufacturer and, if applicable, include catalog cuts. 2. A copy of the materials procurement order from the supplier including the name, address, and phone number of said supplier and the PLANTING PREPARATION 32 91 00 Page 2 of 16 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 estimated date(s) and quantities for delivery from the supplier. Indicate items in stock at time of order and submit the latest test, if applicable. 3. A schedule identifying materials procurement, storage, anticipated delivery dates, and anticipated installation dates for review and approval. B. The Pest Control Advisor (PCA) shall submit a list of materials and quantities per acre intended for use in controlling target non-native invasive/exotic plant species types with a potential to occur on the site; expected non-native invasive/exotic plant species are listed in Section 32 98 00 Plant Establishment. Non-native invasive/exotic species control information shall include: 1. Data to demonstrate the compatibility of the non-native invasive/exotic plant species control materials and methods with the intended planting and seed varieties. 2. A written list of the proposed herbicide application equipment to be used in performance of the work, including descriptive data and calibration tests. Include the herbicide trade name, chemical composition, formulation, concentration, application rate of active ingredients and methods of application for all materials furnished, as well as the name and State license number of the State certified applicator. 3. Records of manufacturer's literature, labels, and laboratory analytical data for verification of herbicide to be used, including the chemical makeup and application rate. 4. Certificates of compliance certifying that herbicide materials meet the requirements specified shall be shall be submitted before the delivery of materials. Herbicide material shall include EPA registration number and registered uses. 5. A Herbicide Treatment Plan (HTP) proposing a sequence of herbicide treatments and a written delivery schedule and written PCA recommendation. The herbicide trade name, chemical composition, formulation, concentration, application rate of active ingredients and methods of application for all materials furnished, and the name and state license number of the state certified applicator shall be included. Records of manufacturer's literature, labels, and laboratory analytical data for verification of herbicide to be used, including the chemical makeup and application rate shall be submitted. Once approved by the Engineer, the Contractor shall receive written authorization to proceed with the treatment. 6. The HTP shall address non-native invasive/exotic species control treatments before and after seeding and plant installation; refer to Section 32 98 00 Plant Establishment for additional requirements. PLANTING PREPARATION 32 91 00 Page 3 of 16 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 C. Engineer will provide approvals or direction for any needed corrections within 1 0-days of receipt of said submittals. 1.08 SUBSTITUTIONS A. Substitutions for the materials listed on the Drawings and Specifications may be requested by providing the following information to the Engineer for approval, and shall be submitted according to Section 2-5.3 and 4-1.6 of the General Provisions: 1. Provide a statement indicating the reason for making the substitution. Use a separate sheet of paper for each item to be substituted. 2. Provide descriptive catalog literature, performance charts, and flow charts for each item to be substituted, demonstrating its "or equal" status. 3. Provide the amount of cost savings or cost increase if the substituted item is approved. B. The Engineer shall have the sole responsibility for accepting or rejecting substituted items as approved equals to the materials or equipment listed on the Drawings and Specifications. C. Specific reference to manufacturers' names and products specified in this Specification are used as standards of quality. This implies no right to substitute other materials without prior written approval by the Engineer. D. Any substituted materials installed without written approval by the Engineer may be rejected. E. If an approval is granted for a substitution, adjustment in the Contract amount will be made in accordance with the Contract Conditions. 1.09 SAMPLES, TESTS AND MOCK-UPS A. The Engineer reserves the right to take and analyze selected samples of materials for conformity to this Specification at any time. B. At the Engineer's request, the Contractor shall provide samples of all supplied materials and an analysis from an approved laboratory verifying the manufacturer's guarantee. C. Rejected materials shall be removed from the site and be replaced at no cost. 1.10 PROJECT CONDITIONS A. Perform planting preparation operations only when weather and soil conditions are suitable in accordance with locally accepted practice. PLANTING PREPARATION 32 91 00 Page 4 of 16 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad 1.11 PRODUCT DELIVERY, STORAGE AND HANDLING Project No. 6618 April14, 2016 A. All materials delivered to the project site shall be clearly marked to identify the item. Materials shall be delivered to the project site in their original, unopened packaging containing the manufacturer's guarantee. B. Exercise care in handling, loading, unloading, and storing planting preparation materials to ensure they are not damaged. C. Provide a storage site for the planting preparation materials at the staging areas shown on the Drawings or as directed by the Engineer. Store in a manner to prevent damage from sunlight, moisture or contact with vehicles, equipment or tools. 1.12 REJECTION OF MATERIAL A. All material not conforming to the requirements herein shall be considered defective and will be rejected. 1. The Engineer shall mark such materials, whether in place or not, as rejected. 2. Replacement materials shall be of the same types and condition as that indicated on the Drawings. B. Rejected materials shall be removed and disposed of according to State and local regulations by the Contractor at no additional cost. Rejected materials shall be replaced at no additional cost. 1.13 PROTECTION OF THE SITE A. Protect previously installed work and materials which may be affected by work of this Section. Provide safeguards and exercise caution against injury or defacement of existing site improvements. B. Repair damage and return the area to the previous condition at no additional cost. 1.14 COORDINATION A. Coordinate operations with subcontractors, as well as other contractors on or adjacent to the project site. B. Exercise extreme care in excavating and working near existing utilities. Repair any damages to these utilities at no additional cost. Check existing utility drawings for existing utility locations. C. Coordinate all site preparation activities to avoid interference with utilities, other construction elements, and any existing vegetation to remain. PLANTING PREPARATION 32 91 00 Page 5 of 16 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 D. The Contractor shall coordinate with the Engineer to schedule the placement of materials and equipment necessary to complete the work. 1.15 CONSTRUCTION SCHEDULE A. After mobilization, layout, and earthwork operations are complete, the Contractor shall follow the general construction schedule detailed below: 1. Before seed maturation of target non-native invasive/exotic species, conduct herbicide applications to all undesired vegetation not designated to remain. Between August 1 and September 30, remove or apply herbicide to resprouts of all undesired vegetation not designated to remain. All viable seed heads (e.g. sweet fennel seed heads, Pampas grass plumes) shall be collected, bagged and disposed of offsite in an approved manner. 2. Perform soil loosening, incorporate soil amendments, and complete fine grading as necessary between September 1 and September 30, before planting operations according to Section 32 93 00 Planting. 3. Conduct planting operations according to Section 32 93 00 Planting. 4. Within 30 days of completed container planting operations, conduct seeding operations according to Section 32 92 19 Seeding. 5. Within 10 days of seeding and plant installation, hand pull and remove off site any undesired annual non-native/exotic grass seedlings and/or non-native/exotic broadleaf plants. PART 2 -PRODUCTS 2.01 MATERIALS A. Preservation Fencing 1. Preservation fencing shall be 4-foot-high, orange VISI Barrier, with a mesh opening of 1 inch by 3% inches, made of high-density polyethylene resin, with a temperature service range of -40 to 200 F, or approved equal. B. Topsoil Import 1. If needed topsoil shall be imported from a source outside the limits of the project selected by the Contractor in compliance with the requirements specified herein. 2. Import topsoil shall be a homogeneous mineral soil of sandy loam or loamy sand. Import topsoil shall be free of harmful insects, chemicals, all weed growth, clods over four (4) cubic inches that will not pulverize during operations, and free of rocks over two (2) cubic inches. Particle size data shall be based upon standard USDA methodology. The material shall be PLANTING PREPARATION 32 91 00 Page 6 of 16 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April 14, 2016 in the 0.05 to 5.0 millimeters range with 15% in the 0.5 to 2.0 millimeters coarse sand range. Gravel content (greater than 2.0 mm) shall be less than fifteen percent (15%). Import topsoil shall not contain more silt and clay than on site native soil. 3. The sum of silt plus clay shall be less than twenty-five percent (25%), the soil shall be non-saline as determined on the saturation extract. Salinity shall not exceed three (3.0) mmhos/cm, boron shall not exceed one part per million (1.0 ppm) and the sodium adsorption shall not exceed six (6.0). Soil reaction as determined on a saturated paste shall fall between five and one half (5.5) and seven and one half (7.5). The soil shall be free of organic herbicides or other growth restricting chemicals. 4. Topsoil shall be suitable to sustain the growth of the plants specified. B. Soil Amendments The following soil amendments shall be for bid purposes only. Exact quantities and recommendations shall be determined by the soil fertility and agricultural suitability test prepared by Wallace Laboratories (31 0) 615-0116. Tests shall be provided by the Contractor at no additional cost to the City and shall be included in the base bid. Test shall be performed after final grading has been completed and approved by the City: C. Herbicide i. Calcium nitrate (15.5-0-0)-6 pounds ii. Triple superphosphate (0-45-0) - 4 pounds iii. agricultural gypsum -20 pounds iv. organic soil amendment-3 cubic yards, sufficient for about 2% -3% soil organic matter a dry weight basis 1. Herbicide for all non-native invasive/exotic species shall be non- selective, broad-spectrum, post-emergent, trans-locating herbicide with low toxicity to wildlife approved for use in and around aquatic habitats by the U.S. Environmental Protection Agency (EPA). Herbicide shall be of high grade quality and in perfect condition at time of installation. Select herbicides as appropriate for the desired effect (i.e., broadleaf herbicide to avoid harm to grasses). 2. All herbicides shall be State and County approved for land or aquatic applications. 3. Herbicide for all non-native invasive/exotic species shall be as approved according to the Herbicide Treatment Plan (HTP) and written Pest Control Advisor (PCA) recommendations. PLANTING PREPARATION 32 91 00 Page 7 of 16 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad PART 3-EXECUTION 3.01 MOBILIZATION AND DEMOBILIZATION ProjE~ct No. 6618 April14, 2016 A. Mobilization shall consist of preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to the project site; the establishment of temporary facilities necessary for work on the project; and all other work and operations that must be performed or costs incurred before work begins on the various Contract items on the project site. B. The Contractor shall confine all storage of materials, preparatory work, equipment, and vehicle parking to the staging areas shown on the Drawings. The Contractor shall supply all vehicles with a minimum of one fire extinguisher and one shovel. Appropriate precautions shall be taken by the Contractor to minimize fire at the project site at all times. C. Demobilization tasks shall consist of work and operations at the conclusion of construction, including, but not limited to necessary activities for the removal of personnel, equipment, supplies, and incidentals from the project site; removal of temporary facilities and materials; and all other work and operations that must be performed or costs incurred to conclude work on the various Contract items for the project. D. Before the Contractor begins work, the Contractor (including but not limited to any subcontractors and project foremen) shall be required to schedule and attend a half-day meeting at the project site with the Engineer and others as the Engineer deems necessary (e.g., City Inspector; regulating agency representatives; project biologist; restoration specialist; other as required) to review and discuss the overall implementation of the project including: design objectives, environmental permit limitations, endangered species issues, emergency contact information and protocol, contract management and chain of command, media protocol, project construction documents, implementation schedule (including key milestones), and any addenda. 3.02 VERIFY SITE CONDITIONS A. Before performing the work in this Section, examine previously installed work from other contractors at the project site (if any) and verify that such work is complete and as required, to the point where this installation may begin properly. B. Verify site conditions and be familiar with existing grade conditions, locations of existing fences, and all existing vegetation. 1. All discrepancies between the Drawings, Specifications, and site conditions shall be immediately reported to the Engineer in writing. The Contractor's written descriptions shall note the character of the unsatisfactory conditions and extent of work required to correct the said conditions. Work shall be terminated in the area of the PLANTING PREPARATION 32 91 00 Page 8 of 16 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 discrepancy until the Engineer has provided a written resolution to the conflict. C. Operations shall be conducted to avoid damage to existing conditions, including bench marks, pavement, utilities, vegetation to remain, native vegetation to be protected in place, and other features to be preserved, as well as other construction. Flag vegetation within the work area to be retained for approval by the Engineer. Correct, at no additional cost, damage to any of the above conditions resulting from the operations. The Contractor shall assume full responsibility for proceeding with work without written approval. D. At all times, the Contractor shall not disturb existing vegetation and soil surface outside the limit-of-work. The Contractor shall notify the Engineer if any operations called for in the Drawings or Specifications may cause damage to existing areas outside of the limit-of-work indicated on the drawings. Extra work resulting from failure to notify the Engineer shall be completed by the Contractor at no additional cost. E. The Contractor shall immediately notify the Engineer if any vegetation to be maintained is damaged by the Contractor's operations. Additionally, the Contractor shall remove any damaged vegetation at the Contractor's own expense if directed to do so by the Engineer. If, in the opinion of the Engineer, existing vegetation is damaged during construction the Contractor shall replace such damaged plants with plants of the same species and size or with multiple plants of size and species determined by the Engineer to be adequate for replacement at no additional cost. Determination of extent of damage, value of damaged plants, and suitable replacement shall rest solely with the Engineer. F. The Contractor shall excavate existing soil samples and procure soil analyses for agricultural suitability; at least 2 soil samples shall be collected. Said samples shall be submitted to Wallace Laboratories (31 0) 615-0116 for analyses and recommendations for soil amendments. 3.03 PRESERVATION A. Before any construction operations take place, the Contractor shall stake project perimeter boundaries, vegetation to remain, and any other structures to be protected; and install preservation fencing to field identify preservation areas according to these Specifications. The preservation fencing shall be used to protect existing vegetation to remain, and other areas to be undisturbed. B. Preservation shall consist of activities intended to preserve and protect all existing vegetation to remain, other areas to be undisturbed, and areas of security and structural sensitivity. C. At no time shall construction operations, vehicle or equipment parking, placement of structures, or any other activity occur within areas to be preserved or contained by preservation fencing. Unless otherwise noted on the Drawings and approved by the Engineer, no work shall occur in PLANTING PREPARATION 32 91 00 Page 9 of 16 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 Apri114, 2016 preservation areas. All preservation areas shall have restricted aceess and shall be protected with preservation fencing according to this Specification Section. Within the project areas to be preserved, no excavations shall be made, no materials or equipment shall be stored, and no heavy equipment of vehicles shall be operated or parked. At no time shall any construction operations, vehicle or equipment parking, placement of structures, or any other activity occur within areas to be preserved or contained by preservation fencing, unless otherwise noted on the Drawings and approved by the Engineer. Staging, parking, refueling, and stockpiling shall be conducted only in areas identified approved by the Engineer. D. The Contractor shall notify the Engineer if any construction operations called for in these Specifications and shown on the Drawings may cause damage to preservation areas. Extra work resulting from failure to notify the Engineer shall be completed by the Contractor at no additional cost. The Contractor shall immediately notify the Engineer if any vegetation to be retained is damaged by the Contractor's operations. Additionally, the Contractor shall remove any damaged vegetation at the Contractor's own expense if directed to do so by the Engineer. If, in the opinion of the Engineer, existing trees are damaged during construction, the Contractor, at no additional cost to the Engineer and the City, shall replace such damaged plants with plants of the same species and size or with multiple plants of size and species determined by the Engineer to be adequate for replacement. Determination of extent of damage, value of damaged plants, and suitable replacement shall rest solely with the Engineer. 3.04 SITE PREPARATION A. In direct coordination with the project's earthwork operations, the Contractor shall remove the top 4-inches of existing soil materials to remove the root system of existing non-native/exotic vegetation as preparation for the planting and seeding, and related work. 3.05 NON-NATIVE INVASIVE/EXOTIC SPECIES REMOVAL A. Non-native invasive/exotic species control shall consist of removal of non- native invasive/exotic species in areas to be planted or seeded as shown on the Drawings. Non-native invasive/exotic species shall be removed during planting preparation and disposed of off-site according to State and local regulations. All vegetation to be removed or affected must be approved in the field by the Engineer before the start of any removal operations. B. Mechanisms for non-native invasive/exotic species control shall consist of the techniques prescribed below. Native trees and shrubs to remain as shown on Drawings shall remain undisturbed. 1. Manual Removal: Non-native invasive/exotic species shall be hand- pulled where feasible and disposed of off-site according to State and local regulations. PLANTING PREPARATION 32 91 00 Page 10 of 16 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 2. Mechanical Removal: Select mechanical removal may be conducted upon approval by the Engineer. 3. Herbicide Treatment: Herbicide shall be used only for species that cannot be removed by hand and as approved by the Engineer. a. Herbicide shall be applied in compliance with all Federal, State, and local laws and regulations and according to manufacturer's specifications. At all times, herbicide shall be applied in accordance with Best Management Practices (BMPs) prescribed by the California Department of Pesticide Regulation. b. Herbicide shall be applied so that it shall not drift, or show signs of drift, outside the designated planting area. At all times, protect existing plants to remain from herbicide drift. Avoid spraying during windy conditions; if windy conditions persist, use a large droplet size with low tank pressure; a movable impermeable barrier shall be used while spraying to protect against drift. c. At no time shall herbicides be used within 25-feet of open water unless the herbicide approved for use near water. d. Herbicide shall be applied only during periods when beneficial results can be obtained. The Contractor shall apply herbicide as necessary before the rainy season. However, an exception may be made for herbicide application to cool season non- native invasive/exotic species, subject to approved weather conditions. e. All safety measures recommended by the manufacturer shall be strictly adhered to. The Contractor shall be responsible for any damage to lands, vegetation, and water resulting from improper use of chemicals. 3.06 SOIL REHABILITATION A. The Contractor shall rehabilitate compacted soil conditions in planting and seeding areas as necessary and as described herein. Rehabilitation will be necessary in areas impacted by excavation, grading or disturbance of soil surface by vehicles or stockpiled materials. At no time will soil rehabilitation operations be conducted when said soil is too wet, as determined by the Engineer. If significant rain occurs during soil rehabilitation, the Engineer may temporarily halt soil rehabilitation work if the soil moisture content has exceeded an acceptable level. Soil rehabilitation work shall resume upon the direction of the Engineer. Excessive passes of equipment that would compact areas shall be avoided. Where equipment access routes are required across areas of soil rehabilitation, the sequence of construction activity shall be coordinated to only allow equipment access before the PLANTING PREPARATION 32 91 00 Page 11 of 16 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 loosening of soils. Soil rehabilitation shall consist of the following sequence of operations: 2. Soil Loosening (Decompaction) a. Loosen soils a minimum of 12-inches. b. Soil loosening shall be performed with a hand implement (such as a pick mattock or Pulaski) or a wheeled tractor with tilling tines or a mini-excavator equipped with a backhoe bucket. Soil shall be loosened but not turned over or inverted. Resulting soil clods shall be less than 5-inches in all dimensions. Soil loosening shall be uneven in depth by at least 1-to 2-inches to reduce the chance of soil slumping. Wherever soil loosening takes place, existing plants and tree roots to remain shall be avoided. Soil loosening shall be conducted with hand implements in areas where topsoil was removed beneath the drip lines of trees or shrubs. c. All areas to receive soil loosening shall be approved by the Engineer before the start of any soil loosening operations. 3. Incorporation of Soil Amendments a. The Contractor shall verify the needed amendments based on the final soil test results and recommendations. The following shall serve as the basis for contractor bidding. b. Base bid soil amendments shall be added and incorporated into planting and seeding areas, according to the rates prescribed below; refine the actual amendments to be added to the exact quantities and recommendations as determined by the soil fertility and agricultural suitability test. c. General base bid soil preparation on a square foot basis. Broadcast the following materials uniformly. The rates are per 1,000 square feet. Incorporate them homogeneously 6 inches deep: i. Calcium nitrate (15.5-0-0)-6 pounds ii. Triple superphosphate (0-45-0) - 4 pounds iii. agricultural gypsum -20 pounds iv. organic soil amendment - 3 cubic yards, sufficient for about 2% -3% soil organic matter a dry weight basis d. Evenly spread soil amendments on topsoil at the rates prescribed in the soil fertility and agricultural suitability test. e. In difficult access areas blend and incorporate with hand implements (such as a pick mattock or Pulaski), or a wheeled PLANTING PREPARATION 32 91 00 Page 12 of 16 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 tractor with tilling tines, or a mini-excavator equipped with a backhoe bucket. 4. Discing a. Disc seeding areas only to a depth of 6-inches. Where rocks are present that would cause damage to tractor implements, the Contractor shall remove the rocks in the upper 6-inches of soil before discing. All removed rocks shall be removed offsite according to State and local regulations at no additional cost. The Contractor may utilize tilling in-place of discing upon approval from the Engineer. Soil conditions such as large clods may require smoothing with a land plane or ring roller before seeding; coordinate these operations with the Engineer. 3.07 FINE GRADING OPERATIONS A. Planting and seeding areas shall be fine-graded to finish grade to produce a surface suitable for planting and seeding. Protect areas from compaction after they have been prepared. B. Ensure that the top 2-inches of soil is free of stones, debris, branches, roots, stumps, wire, or other deleterious matter 1-inch in diameter and larger. Dispose of debris offsite according to State and local regulations at no additional cost. C. Establish finish grades to eliminate uneven areas resulting from rough-grading operations, fill as needed and remove surplus soil and float areas to a smooth, uniform grade to elevations as indicated on the Drawings. Blend finish grades with existing grades, providing for smooth transitions to existing grades and positive drainage. All areas shall be fine graded to within 1-1/2 inches of paved areas and curbs. D. Fine grading shall be done manually around sensitive areas, vegetation to be preserved, and any existing hardscape elements and structures. E. Unless otherwise directed by the Engineer, cross slopes shall be 2%, maximum. F. At no time will the finish grade surfaces have a glazed appearance. G. Completing one pass of a tractor driven perpendicular to the final grade contours leaving cat-tracks (i.e., the imprint on earthen material resulting from tractor treads) perpendicular to the final site contours. H. The Engineer will approve all finish grades. PLANTING PREPARATION 32 91 00 Page 13 of 16 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad 3.08 CLEANUP Project No. 6618 April14, 2016 A. Site cleanup shall occur on a daily basis and as each portion of the work concludes. B. Remove all trash and excess dirt caused from the work according to State and local regulations. Contractor shall make arrangements for disposing of these materials outside the project site and shall pay all costs involved. Arrangements shall include, but not be limited to, entering into agreements with property owners and/or the City and obtaining necessary permits, licenses, and environmental clearances. C. Sweep all adjacent walks and paved areas on a weekly basis throughout the duration of the project. D. Repair all scars, ruts or other marks in the ground caused by the work. E. Upon completion of the work, smooth all ground surfaces, remove excess dirt, materials, rubbish and debris according to State and local regulations to an offsite location or as directed by the Engineer. Sweep adjacent streets, curbs, gutters and sidewalks and remove construction equipment from the premises. 3.09 SITE OBSERVATIONS A. The Engineer will perform progress observations of the work and construction operations on completion of installation stages. The Engineer and the Contractor shall agree upon the installation stages for this Specification before starting work and be present on mutually agreed-on dates for the observations for each stage. B. If, after an observation, the Engineer is satisfied with the construction to date and its conformance to the Drawings and the Specifications, the Engineer will provide written notice of provisional acceptance for that construction stage. C. If, after an observation, the Engineer is dissatisfied with the construction to date and its conformance to the Drawings and the Specifications, the Engineer will prepare a written punch list of necessary corrective action on defective work for that construction stage. All corrections must be completed and will be re-o bserved by the Engineer within 10 working days from the date of the initial observation. D. Corrective actions shall be in strict conformance with the Drawings and these Specifications and according to the Engineer, and shall be completed at the Contractor's expense. E. Project observations shall not occur until all punch list items from previous observations are corrected. Failure to correct problems in the time specified by the Engineer may result in a delay of payment for the said tasks until the items in question are remedied per the Engineer's direction. PLANTING PREPARATION 32 91 00 Page 14 of 16 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 F. The Contractor shall be charged for any additional construction observations and punch list items required from the Engineer for unscheduled and necessary re-observation of the work due to unsatisfactory or incomplete work addressing previous punch list items. G. Provide the Engineer with 48 hours of advance notification, except as otherwise noted, for required construction stage acceptance observations including, but not limited to, the following: 1. Completion of mobilization operations. 2. Observation of staking of perimeter boundary, existing vegetation, and other structures to be protected; staking or field marking preservation areas before preservation fencing installation. 3. Completion of preservation fencing installation 4. Progress of non-native invasive/exotic species control operations. 5. Completion of non-native invasive/exotic species control operations. 6. Progress of soil rehabilitation operations. The Contractor shall loosen a test area of approximately 500 square feet for review by the Engineer before soil loosening is started in any other areas. 7. Completion of soil rehabilitation operations. 8. Progress of fine grading operations. 9. Completion of fine grading operations. H. Following the completed fine grading observation and upon the Engineer's acceptance of the site preparation work, the Planting Irrigation shall begin according to Section 32 84 00. END OF SECTION 32 91 00 PLANTING PREPARATION 32 91 00 Page 15 of 16 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad This page has been intentionally left blank. PLANTING PREPARATION 32 91 00 Project No. 6618 April14, 2016 Page 16 of 16 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad SECTION 32 92 19-SEEDING PART 1 -GENERAL 1.01 GENERAL CONDITIONS Project No. 6618 April14, 2016 A. Requirements of the Contract Documents apply to work in this Section with same force and effect as though repeated in full herein. 1.02 SCOPE OF WORK A. Furnish all materials, labor, transportation, services, and equipment necessary to execute the required revegetation seeding as shown on the Drawings and as specified herein. The Contractor shall perform work according to all applicable laws, codes, and regulations required by Federal, State, and local authorities to complete the work specified herein. Any and all permits, fees, bonds, and observations necessary to perform and complete the work shall be included. B. Work included in this Section: 1. Verification of Existing Conditions; 2. Surface Drainage of Seeding Areas; 3. Preparation; 4. Seeding Installation; 5. Watering; 6. As-Built Drawings; 7. Cleanup; and 8. Site Observations. C. Work related in other Sections: 1. Section 31 35 19.16, Geotextile Slope Protection; 2. Section 32 84 00 Planting Irrigation; 3. Section 32 91 00 Planting Preparation; 4. Section 32 93 00 Planting; and 5. Section 32 98 00 Plant Establishment. 1.03 REQUIREMENTS OF REGULATORY AGENCIES A. All Federal, State, and local laws and regulations governing this work are hereby incorporated into and made part of this Section. When this Section calls for certain materials, workmanship or a level of construction that exceeds the level of Federal, State, or local requirements, the provisions of this Section shall take precedence. SEEDING 32 92 19 Page 1 of 12 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad 1.04 REFERENCE STANDARDS Project No. 6618 April14, 2016 A. All seed material shall be true to botanical and common name as indicated in: 1. U.S. Natural Resources Conservation Service. 2015. Plants Database. Available: <http://plants.usda.gov>. Last Modified: 04/13/2015. 2. American Nursery & Landscape Association. 2014. American Standard for Nursery Stock. ANSI Z60.1-2014. Columbus, 01-1. 3. Hickman, J.C. (ed.). 1993. The Jepson Manual: Higher Plants of California. University of California Press. Berkeley, CA. 4. McClintock, E. M., and A. T. Leiser. 1979. An Annotated Checklist of Woody Ornamental Plants of California, Oregon and Washington. University of California, Division of Agricultural Sciences. Berkeley, CA. 5. L. H. Bailey Hortorium of Cornell University. 1976. Hortus Third: A Concise Dictionary of Plants Cultivated in the United States and Canada. Macmillan. New York, NY. B. All seed shall conform to all laws and regulations pertaining to the sale and shipment of seed required by the California Food and Agricultural Code of 1982, Regulations of 1983, and the Federal Seed Act. C. Standard Specifications for Public Works Construction (Greenbook). 1.05 DEFINITIONS A. Installation Period: The Installation Period begins when the Notice to Proceed (NTP) is given and continues until all requirements indicated in the Drawings and these Specifications are completed and approved, and the Engineer gives a written acceptance of the installation. B. Plant Establishment Period: The Plant Establishment Period begins immediately after the Engineer gives a written notice of a Final Installation Acceptance and continues until all requirements indicated in Section 32 98 00 Plant Establishment are completed and approved and the Engineer gives a written notice of a Final Project Acceptance. C. Final Project Acceptance: Final Project Acceptance is the milestone when all work, including work under Section 32 98 00 Plant Establishment, is completed and approved by the Engineer. Final Project Acceptance does not in any way release the Contractor from the requirements or duration of any guarantees according to the Specifications. SEEDING 32 92 19 Page 2 of 12 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad 1.06 QUALITY CONTROL Project No. 6618 April14, 2016 A. Manufacturer's directions and drawings shall be followed in all cases where the manufacturers of articles used in this Specification furnish directions covering points not shown in the Drawings and Specifications. B. At the time of delivery to the project site, the Contractor and the Engineer shall inspect seed mixes for moisture, mold, and insect infestation. The Contractor shall provide the Engineer with 48-hour advance notice for each request for approval of partial or complete deliveries to the project site. 1.07 QUALIFICATIONS A. The seed mix supplier shall be a reputable supplier that specializes in and has the ability to provide native plant seed materials prescribed on the Drawings and in this Section. 1.08 SUBMITTALS A. Submit verification of the required m1n1mum qualifications as specified in Section 32 93 00 Planting for approval by the Engineer, within 5 days after the award of Contract. B. Submit written Guarantee as detailed in this Section within 5 days after the award of Contract. C. Submit no later than 1 0 days after the award of Contract, 2 three-ring hard cover binders and 1 digital set containing the following information: 1. List of all proposed materials and equipment to be used indicated by description, manufacturer and model number, if applicable. Include catalog cuts where applicable. Include seed supplier's certification for required seed mixtures, indicating percentage by weight, and percentages of purity, germination and weed seed for each mix. 2. A copy of the seed mix procurement order from the supplier including the name, address, and phone number of said supplier and the estimated date(s) and quantities for delivery from the supplier. 3. Submit original seed tests by lot number to the Engineer for approval before mixing. All seed tests shall be approved by the California State Department of Agriculture. 4. Written documentation that the seed mixes listed on the Drawings are available. Any species substitutions required due to unavailability must be requested in writing and approved by the Engineer before confirmation of ordering. 5. A schedule identifying seed mix procurement, storage, anticipated delivery dates, and anticipated installation dates for review and approval. SEEDING 32 92 19 Page 3 of 12 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 6. Seed tags shall be submitted for approval before seed installation must reflect the most recent test date and show the following information: a. Scientific name b. Common name c. Lot number d. Percent purity e. Percent germination, including hard and dormant seed f. Percent weed seed g. Percent crop seed h. Origin i. Lab tests D. Submit all required samples and test results within 10 days before to the start of any seeding-related work. Samples shall be approved by the Engineer before ordering and performing work. Submit the following to the Engineer: 1. Seed mixes, 1-lb bag of each seed mix; 2. Testing results from a State-licensed seed lab showing percent germination and purity for each seed mix for review and approval; and 3. Straw mulch, 1-lb bag. E. Provide and keep as-built drawings during the Installation PE~riod as specified under Section 32 93 00 Planting. F. Engineer will provide approvals or direction for any needed corrections and/or modifications within 1 0-days of receipt of said submittals. 1.09 SUBSTITUTIONS A. Substitutions for the materials listed on the Drawings and Specifications may be requested by providing the following information to the Engineer for approval, and shall be submitted according to Section 2-5.3 and 4-1.6 of the General Provisions: 1. Provide a statement indicating the reason for making the substitution. Use a separate sheet of paper for each item to be substituted. 2. Provide descriptive catalog literature, performance charts, and flow charts for each item to be substituted, demonstrating its "or equal" status. 3. Provide the amount of cost savings or cost increase if the substituted item is approved. B. The Engineer shall have the sole responsibility for accepting or rejecting substituted items as approved equals to the materials or equipment listed on the Drawings and Specifications. SEEDING 32 92 19 Page 4 of 12 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 Apri114, 2016 C. Specific reference to manufacturers' names and products specified in this Specification are used as standards of quality. This implies no right to substitute other materials without prior written approval by the Engineer. D. Any substituted materials installed without written approval by the Engineer may be rejected. E. If an approval is granted for a substitution, adjustment in the Contract amount will be made in accordance with the Contract Conditions. 1.10 SAMPLES, TESTS AND MOCK-UPS A. The Engineer reserves the right to take and analyze selected samples of seeding materials for conformity to this Specification at any time. Rejected seeding materials shall be removed from the site and be replaced at no cost. 1.11 PROJECT CONDITIONS A. Perform seeding operations only when weather and soil conditions are suitable in accordance with locally accepted practice. B. Seeding shall not occur in saturated soils or while heavy rain is falling. C. Unless otherwise directed by the Engineer, seeding shall be conducted from September 15 through October 15, and after grading activities are complete. 1.12 PRODUCT DELIVERY, STORAGE AND HANDLING A. Delivery 1. Deliver all seeding materials with legible and durable identification labels. 2. Seed shall be delivered to the project site tagged and labeled in accordance with the State Agricultural Code, and shall be acceptable to the County Agricultural Commissioner. Seed shall be delivered to the project site in unopened containers. 3. Notify the Engineer within 7 days of the delivery of seeding materials to the site. Indicate the quantity and type of seeding materials in each delivery. B. Storage 1. Provide a storage site for the seeding materials at the staging areas shown on the Drawings or as directed by the Engineer. 2. Store seeding materials immediately in a dry, weather and damp proof structure. Any seed which has become wet, moldy or damaged in transit or storage will not be acceptable. SEEDING 32 92 19 Page 5 of 12 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad C. Handling Project No. 6618 April14, 2016 1. Handle all seeding materials to ensure they are not damaged or subjected to excessive heat, wind or desiccation during storage, handling, and shipping. 2. Any seeding materials that are damaged due to mishandling shall be removed and replaced with new material at no additional cost. 1.13 REJECTION OF SEEDING MATERIAL A. All seeding materials not conforming to the requirements herein shall be considered defective and will be rejected. 1. The Engineer shall mark such seeding materials, whether in place or not, as rejected. 2. Replacement seeding materials shall be of the same types and condition as that indicated on the Drawings. B. Rejected materials shall be removed and disposed of according to State and local regulations by the Contractor at no additional cost. Rejected materials shall be replaced at no additional cost. 1.14 PROTECTION OF THE SITE A. Protect previously installed work and materials which may be affected by work of this Section. Provide safeguards and exercise caution against injury or defacement of existing site improvements. B. Repair damage and return the area to the previous condition at no additional cost. 1.15 COORDINATION A. Coordinate operations with subcontractors, as well as other contractors on or adjacent to the project site. B. Exercise extreme care in excavating and working near existing utilities. Repair any damages to these utilities at no additional cost. Check existing utility drawings for existing utility locations. C. Coordinate installation of all seeding materials to avoid interference with utilities, other construction elements, and any existing vegetation to remain. D. The Contractor shall coordinate with the Engineer to schedule the placement of materials and access of equipment necessary to complete the work. SEEDING 32 92 19 Page 6 of 12 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad 1.16 PLANTING GUARANTEE Project No. 6618 April14, 2016 A. All seeding materials installed under this Contract shall be guaranteed against poor, inadequate and inferior quality and installation for a period of 1 year from the date of Final Project Acceptance, as specified in Section 32 98 00 Plant Establishment. PART 2-PRODUCTS 2.01 GENERAL A. Procure all seeding materials and incidentals required for this project. B. All seed and propagule materials shall be from local genetic stock originating from similar coastal San Diego County sources with similar soils and climate conditions as the project site, from an elevation within 400 feet of the project site elevation, and originating at or near the project site, unless otherwise approved by the Engineer. Representative similar conditions are a riparian ecosystem found at or in the vicinity of the project site. 2.02 MATERIALS A. Seed Mixes 1. Seed species shall be approved species. All seed shall be from local genetic stock from a similar climate, elevation, and soil type as the project site, unless otherwise approved by the Engineer. 2. All seed shall conform to all laws and regulations pertaining to the sale and shipment of seed required by the California Food and Agricultural Code of 1982, Regulations of 1983, and the Federal Seed Act. 3. Seed mixes shall consist of the mixes shown on the Drawings; the seed mixes shall conform to the prescribed requirements for pure live seed rate per species. Seed mixes shall not be mixed until individual species' seed is approved by the Engineer. 4. Weed seed shall not exceed 0.25% of the pure live seed specified. At no time shall the mixes contain seeds of non-native invasive plants. Crop seed shall not exceed 0.50% of the pure live seed specified. 5. All seed must be tested within 1 year before the application date. 6. Legume seed shall be pellet-inoculated or industrial-inoculated with Rhizobia. Inoculated seed shall have a calcium carbonate coating. Industrial-inoculated seed shall be used within 180 calendar days of inoculation. 7. Deliver all seed to the project site in sealed bags a minimum of thirty (30) days before application to allow for testing. SEEDING 32 92 19 Page 7 of 12 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad 8. Application rates shall be as shown on the Drawings. B. Straw Mulch Project No. 6618 April14, 2016 1. Straw mulch shall be mold-free, air-dry uncut straw, certified weed free. C. Tackifier 1. The tackifier shall be an organic, plant-derived substance containing corn starch, psyllium or guar gum, or a combination thereof such as Fisch-Stick, PT-TAC, Reclamare 2400, Ecology M-Binder, Eco-tak, Triple-Tac or approved equal. The tackifier shall form a transparent three-dimensional film-like crust permeable to water and air and containing no agents toxic to seed germination. The tackifier shall be packed in clearly marked bags stating the contents of each package. The tackifier will require no curing time, shall remain soft and rewettable, and shall not inhibit seed germination. All ingredients shall be biodegradable. 2.03 EQUIPMENT A. Broadcast Seeding -Equipment 1. All equipment for broadcast seeding shall be hand spreaders. PART 3-EXECUTION 3.01 VERIFICATION OF EXISTING CONDITIONS A. Before performing the work in this Section, examine previously installed work from other contractors at the project site (if any) and verify that such work is complete and as required, to the point where this installation may begin properly. B. Seeding areas shall be prepared according to Section 32 91 00 Planting Preparation. Ensure that seeding areas are not compacted due to any construction operations before seeding. C. If the soil in the area to be seeded was already "prepared" as part of planting operations, inspect the areas to be seeded to determine if the soils have become hard or plastic and submit a report to the Engineer. If the soil conditions are not appropriate for seeding, submit a plan for preparing the soils for seeding without disturbing existing or installed plants to the satisfaction of the Engineer and at no additional cost. D. Remove all rocks, stones, sticks and debris larger than 1-inch in diameter from the surface of the seeding areas. E. Obtain approval of finish grading performed under Section 32 91 00 Planting Preparation by the Engineer before starting seeding operations. SEEDING 32 92 19 Page 8 of 12 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad 3.02 SURFACE DRAINAGE OF SEEDING AREAS Project No. 6618 April 14, 2016 A. Ensure proper drainage has been established in all seeding areas before the start of seeding operations. Any discrepancy in the Drawings or Specifications, obstructions on the site or prior work done by another contractor that could preclude the establishment of proper drainage, shall be brought to the immediate attention of the Engineer for correction or relief of said responsibility. Failure to notify the Engineer of any drainage issues will render the Contractor responsible for rectifying any issues due to improper drainage at no additional cost. 3.03 PREPARATION A. Seeding Area Layout 1. Verify the location and depth of all underground utilities. 2. If any underground construction or utility lines are encountered during seeding operations, immediately notify the Engineer for direction. Failure to notify the Engineer of any utilities encountered will render the Contractor responsible for rectifying any issues due to improper seeding installation at no additional cost. 3. Locations for all seeding areas shall be marked on the ground by flagged grade stakes indicating seed mix type for the Engineer's review and approval before seeding. Seeding areas will be located according to the layout shown on the Drawings. 4. The areas to be seeded shall have a firm seed bed which has previously been roughened by scarifying, disking, harrowing, chiseling, or otherwise worked to a depth of at least 4 inches on soil or 2 inches on intact rock surfaces. The seed bed may be prepared at the time of completion of excavation or earthwork. Construction debris and extraneous piles of soil shall be removed before seeding. 3.04 SEEDING INSTALLATION A. General Seeding Guidelines 1. Seeding shall be conducted between October 15 and November 15; and shall be before any rain, unless otherwise approved by the Engineer. 2. All seeding shall be in contact with prepared planting soil and conducted before fabric encapsulated soil/erosion control netting and blanket installation is complete. 3. In areas not receiving the fabric encapsulated soil treatment, seeding shall be conducted after container plant installation. SEEDING 32 92 19 Page 9 of 12 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 4. The Contractor shall notify the Engineer no less than 72 hours in advance of revegetation work and shall not begin the work until prepared treatment areas have been approved. All work shall take place within planting windows approved by the Engineer. 5. Seeding shall not occur when wind speeds exceed 5 miles per hour. 6. Seed only those areas that can be watered on the same day as installation. 7. During seeding operations, care shall be taken to avoid damaging existing facilities, vegetation to remain, or any other items on or around the seeding areas. Take care to avoid damaging the root zone or trunks of any vegetation to remain. Installed plantings shall be protected from damage during seeding operations. 8. Seeding area shall be protected against trespassing, vehicular traffic, and from damage at all times. If areas are damaged, they shall be reseeded. No work shall be performed in seeding areas without proper safeguards. B. Broadcast Seeding 1. At all times, hand-broadcast seeding methods shall be used to apply seed to said areas. 2. All soil amendments shall be installed and soil preparation activities shall be complete before conducting seeding. 3. Mychorrizal inoculant shall be mixed with the seed and applied during the seeding operations. 4. Seed shall be uniformly broadcast with hand-held seeders and lightly raked to incorporate to a depth of 0.25-to 0.5-inches. Seed shall not be left uncovered for more than 24 hours, unless otherwise approved by the Engineer. 5. All broadcast seeding areas shall be hand-raked to cover the seeds. C. Straw Mulch Application 1. Straw mulch shall be placed on the seeded areas indicated on the Drawings. 2. Mulch shall be applied at the 1.5 tons per acre and shall be spread by hand or blown, as appropriate. Mulch shall be spread to achieve a maximum depth of 1/4 inch. Mulch shall be distributed evenly without clumping or piling. SEEDING 32 92 19 Page 10 of 12 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 3. Before the start of mulching operations, all ties from the mulch bales and seed bags are to be removed from the construction site by the Contractor, according to State and local regulations. 4. After seeding operations are complete and before September 30, the mulch shall be tractor-walked or tucked into the soil with a mulching roller or mulch crimper that punches the mulch into the soil to a depth of approximately 2-inches. On areas inaccessible to equipment, mulch can be incorporated using hand tools such as spade, shovel, or other suitable equipment. 5. Once mulch work is started in an area, the tackifier applications shall be completed according to manufacturer's specifications in that area on the same working day. Tackifier shall be applied by spraying over the surface of the mulch. 6. Protect container plants and cuttings from mulch and tackifier overspray-avoid in application and wash off if covered. 3.05 AS-BUlL T DRAWINGS A. The Contractor shall prepare as-built drawings as specified in Section 32 93 00 Planting. 3.06 CLEANUP A. Site cleanup shall occur on a daily basis and as each phase of the work concludes. B. Remove all trash and excess dirt caused from the work according to State and local regulations. Contractor shall make arrangements for disposing of these materials outside the project site and shall pay all costs involved. C. Repair all scars, ruts or other marks in the ground caused by the work. D. Upon completion of the work, smooth all ground surfaces, remove excess dirt, materials, rubbish and debris according to State and local regulations to an offsite location or as directed by the Engineer. Sweep adjacent streets, curbs, gutters and sidewalks and remove construction equipment from the premises. 3.08 SITE OBSERVATIONS A. Corrective actions required based upon site observations shall be in strict conformance with the Drawings and these Specifications and according to the Engineer, and shall be completed at the Contractor's expense. B. The Engineer will perform progress observations of the work and construction operations on completion of installation stages. The Engineer and the Contractor shall agree upon the installation stages for the seeding SEEDING 32 92 19 Page 11 of 12 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 operations before starting work and be present on mutually agreed·-on dates for the observations for each stage. C. If, after an observation, the Engineer is satisfied with the construction to date and its conformance to the Drawings and the Specifications, the Engineer will provide written notice of provisional acceptance for that construction stage. D. If, after an observation, the Engineer is dissatisfied with the construction to date and its conformance to the Drawings and the Specifications, the Engineer will prepare a written punch list of necessary corrective actions to address defective work for that construction stage. All corrections must be completed and will be re-observed by the Engineer within 10 working days from the date of the initial observation. E. Project observations shall not occur until all punch list items from previous observations are corrected. Failure to correct problems in the time specified by the Engineer may result in a delay of payment for the said tasks until the items in question are remedied per the Engineer's direction. F. The Contractor shall be charged for any additional construction observations and verification of punch list items required from the Engineer for unscheduled and necessary re-observation of the work due to unsatisfactory or incomplete work addressing previous punch list items. G. Provide the Engineer with 48 hours of advance notification, except as otherwise noted, for required stage acceptance observations including, but not limited to, the following: 1. Verification of seeding materials after delivery to project site and before seeding. 2. Verification of seeding area locations layout before installation. 3. Verification of seeding operations, installation of a minimum 100- square foot area before installation of remaining seed mixes. 4. Progress of seeding installation operations. 5. Sl;Jbstantial Completion Observation: Final installation observation before the start of the Plant Establishment Period. (Provide 10 working days of advance written notice). H. Following the Substantial Completion Observation and upon the Engineer's acceptance of the seeding installation, as well as the related work prescribed in other Sections, the Plant Establishment Period shall begin according to Section 32 98 00. END OF SECTION 32 92 19 SEEDING 32 92 19 Page 12 of 12 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad SECTION 32 93 00-PLANTING PART 1 -GENERAL 1.01 GENERAL CONDITIONS Project No. 6618 April14, 2016 A. Requirements of the Contract Documents apply to work in this Section with same force and effect as though repeated in full herein. 1.02 SCOPE OF WORK A. Furnish all materials, labor, transportation, services, and equipment necessary to execute the required revegetation planting as shown on the Drawings and as specified herein. The Contractor shall perform work according to all applicable laws, codes, and regulations required by Federal, State, and local authorities to complete the work specified herein. Any and all permits, fees, bonds, and observations necessary to perform and complete the work shall be included. B. Work included in this Section: 1. Verification of Existing Conditions; 2. Preparation; 3. Plant Installation; 4. Cutting Installation; 5. Watering; 6. As-Built Drawings; 7. Cleanup; and 8. Site Observations. C. Work related in other Sections: 1. Section 31 3519.16, Geotextile Slope Protection; 2. Section 32 84 00 Planting Irrigation; 3. Section 32 91 00 Planting Preparation; 4. Section 32 92 19 Seeding; and 5. Section 32 98 00 Plant Establishment. 1.03 REQUIREMENTS OF REGULATORY AGENCIES A. All Federal, State, and local laws and regulations governing this work are hereby incorporated into and made part of this Section. When this Section calls for certain materials, workmanship or a level of construction that exceeds the level of Federal, State, or local requirements, the provisions of this Section shall take precedence. PLANTING 32 93 00 Page 1 of 22 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad 1.04 REFERENCE STANDARDS Project No. 6618 April14, 2016 A. All plant material shall be true to botanical and common name as indicated in: 1. U.S. Natural Resources Conservation Service. 2015. Plants Database. Available: <http://plants.usda.gov>. Last Modified: 04/13/2015. 2. American Nursery & Landscape Association. 2014. American Standard for Nursery Stock. ANSI Z60.1-2014. Columbus, OH. 3. Hickman, J.C. (ed.). 1993. The Jepson Manual: Higher Plants of California. University of California Press. Berkeley, CA. 4. McClintock, E. M., and A. T. Leiser. 1979. An Annotated Checklist of Woody Ornamental Plants of California, Oregon and Washington. University of California, Division of Agricultural Sciences. Berkeley, CA. 5. L. H. Bailey Hortorium of Cornell University. 1976. Hortus Third: A Concise Dictionary of Plants Cultivated in the United States and Canada. Macmillan. New York, NY. B. All plant material shall conform to the California State Department of Agriculture's regulations for nursery observations, rules and ratings. C. Standard Specifications for Public Works Construction (Greenbook). 1.05 DEFINITIONS A. Collection: Collection refers to harvesting cuttings directly from live growing plant material. It involves cutting the material from the parent plant; pruning all lateral branches off; bundling the cuttings for transport; delivering bundles to the project site; and cleaning up collection site by cutting up pruned branches left in a natural appearing condition. B. Brush Layer Cuttings: Brush layer shall mean a single row of live plant material cuttings, placed side by side to form a single layer and installed in 3 layers as detailed on the Drawings, and as specified in this Section. Cuttings are stocks or branches taken from live growing material and stripped of all lateral branches or twigs, forming a singular 'pole'. Cuttings can be any tree or shrub species designated as such, but generally are species that sprout easily at nodes when placed in direct contact with soil. C. Pole Cuttings: Pole Cuttings, as described herein, refer to live plant material for use as pole cuttings. Cuttings are stocks or branches taken from live growing material and stripped of all lateral branches or twigs, forming a singular 'pole'. Cuttings can be any tree or shrub species designated as such, but generally are species that sprout easily at nodes when placed in direct contact with soil. PLANTING 32 93 00 Page 2 of22 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 D. Installation Period: The Installation Period begins when the Notice to Proceed (NTP) is given and continues until all requirements indicated in the Drawings and these Specifications are completed and approved, and the Engineer gives a written acceptance of the installation. E. Plant Establishment Period: The Plant Establishment Period begins immediately after the Engineer gives a written notice of a Final Installation Acceptance and continues until all requirements indicated in Section 32 98 00 Plant Establishment are completed and approved and the Engineer gives a written notice of a Final Project Acceptance. F. Final Project Acceptance: Final Project Acceptance is the milestone when all work, including work under Section 32 98 00 Plant Establishment, is completed and approved by the Engineer. Final Project Acceptance does not in any way release the Contractor from the requirements or duration of any guarantees according to the Specifications. 1.06 QUALITY CONTROL A. Manufacturer's directions and drawings shall be followed in all cases where the manufacturers of articles used in this Specification furnish directions covering points not shown in the Drawings and Specifications. B. Upon execution of the order, the Engineer has the option of either observing the plant materials at the nursery or supplier, requesting representative color photos or observing the material as it is being delivered to the site for conformity to the Drawings and Specifications. Before delivery, vegetated mats shall be observed by the Engineer at the growing facility to ensure that the mats have vigorous growth and full coverage. The Contractor shall coordinate with the Engineer for a visit to the nursery or supplier 60 days before the expected date of materials delivery. 1. Such approvals shall not impair the right of additional observations during further progress of the Work. C. Any tagging of plant material by the Engineer does not constitute his/her approval of the plant materials' health and vigor. The health and vigor of the plant material is the sole responsibility of the Contractor. D. At the time of delivery to the project site, the Contractor and the Engineer shall observe cuttings for injury, disease, and insect infestation. The Contractor shall provide the Engineer with 48-hour advance notice for each request for approval of partial or complete deliveries to the project site. E. The Engineer reserves the right to refuse observation, if in his judgment that a sufficient quantity of plant material is not available for observation at that time. F. The Contractor shall be responsible for providing and installing healthy plants with evidence of new growth before the start of the Plant Establishment Period. At no time shall any plants show symptoms of damaged foliage, PLANTING 32 93 00 Page 3 of 22 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 disease, size, color, wilting, defoliation, and vandalism. At no time shall any plants show symptoms of disease, browsing by wildlife, insect damage, girdling, structural deformities, dieback, dry rootball, and sunburn. At no time shall any plant show symptoms of water stress (caused by overwatering or underwatering), stunted growth, wilting, premature loss of leaves (for deciduous species), and premature yellowing of leaves (for deciduous species). 1.07 QUALIFICATIONS A. The Contractor shall be responsible for demonstrating that he/she meets minimum qualifications, including the following: 1. State of California C-27 Landscape Contractor's license; and 2. Work experience -minimum 3 example projects showing related planting and seeding work"in the past 3 years. Submit a minimum of 10 representative photographs showing operations for each project, including irrigation, planting, and maintenance. B. The nursery that supplies the planting materials shall be a reputable nursery that specializes in and has the ability to provide the native plants materials prescribed on the Drawings and in this Section. 1.08 SUBMITTALS A. Submit verification of the required minimum qualifications as specified herein for approval by the Engineer, within 5 days after the award of Contract. B. Submit written Planting Guarantee as detailed in this Section no later than 5 days after the award of Contract. C. Submit no later than 5 days after the award of Contract, 2 three-ring hard cover binders and 1 digital set containing the following information: 1. List of all proposed materials and equipment to be used indicated by description, manufacturer and model number, if applicable. Include catalog cuts where applicable. 2. A copy of the plant procurement order from the nursery including the name, address, and phone number of said nursery and the estimated date(s) and quantities for delivery from the nursery. A copy of the procurement orders from other suppliers including the name, address, and phone number of said supplier and the estimated date(s) and quantities for delivery from the supplier. 3. Plant quantity list. a. List all plants indicated by botanical name, common name, quantity, size, nursery and location and any specific remarks, (i.e., "unable to locate," "photo submitted," etc.). List all plant materials. PLANTING 32 93 00 Page 4 of 22 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 b. Color photographs of each plant type and size with specifications (i.e., height, spread and caliper). Include a person in each photograph for scale purposes. 4. Written documentation that the material on the plant quantity list is available. Any substitutions required due to unavailability must be requested in writing and approved by the Engineer before confirmation of ordering. 5. A detailed schedule identifying plant material procurement, storage, anticipated delivery dates, and anticipated installation dates for review and approval. The Contractor shall be responsible for providing bi- weekly written updates of said schedule to the Engineer thereafter. 6. Compliance with State of California and Federal quarantine restrictions. D. Submit all required samples within 10 days before to the start of any planting- related work. Samples shall be approved by the Engineer before ordering and performing work. Submit the following to the Engineer: 1. Wood mulch, 1-lb bag; and 2. Plant protection cages, 1 sample. E. Provide and keep up to date at all times, a complete, full-size printed set of "red-lined" as-built drawings documenting the work carried out during the Installation Period. On or before the date of the Final Installation Acceptance, submit final as-built drawings as detailed herein. F. Engineer will provide approvals or direction for any needed corrections within 1 0-days of receipt of said submittals. 1.09 SUBSTITUTIONS A. Substitutions for the materials listed on the Drawings and Specifications may be requested by providing the following information to the Engineer for approval, and shall be submitted according to Section 2-5.3 and 4-1.6 of the General Provisions: 1. Provide a statement indicating the reason for making the substitution. Use a separate sheet of paper for each item to be substituted. 2. Provide descriptive catalog literature, performance charts, and flow charts for each item to be substituted, demonstrating its "or equal" status. 3. Provide the amount of cost savings or cost increase if the substituted item is approved. PLANTING 32 93 00 Page 5 of 22 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 B. The Engineer shall have the sole responsibility for accepting or rejecting substituted items as approved equals to the materials or equipment listed on the Drawings and Specifications. C. Specific reference to manufacturers' names and products specified in this Specification are used as standards of quality. This implies no right to substitute other materials without prior written approval by the Engineer. D. Any substituted materials installed without written approval by the Engineer may be rejected. E. If an approval is granted for a substitution, adjustment in the Contract amount will be made in accordance with the Contract Conditions. 1.10 SAMPLES, TESTS AND MOCK-UPS A. The Engineer reserves the right to take and analyze selected samples of plant material for conformity to this Specification at any time. Rejected plant material shall be removed from the site and be replaced at no cost. 1.11 PROJECT CONDITIONS A. Perform planting operations only when weather and soil conditions are suitable in accordance with locally accepted practice. B. Planting shall not occur in saturated soils or while heavy rain is falling. C. Unless otherwise directed by the Engineer, planting shall be conducted from after grading and seeding activities are complete, and as prescribed in this Part 3 of Section. 1.12 PRODUCT DELIVERY, STORAGE AND HANDLING A. Delivery 1. Deliver all planting materials with legible and durable identification labels. 2. Coordinate and schedule the collection and delivery of cuttings. The Contractor shall verify collection and delivery site conditions before the start of collection. Adhere to specific delivery requirements as described in Part 2 of this Section. 3. Notify the Engineer within 7 days of the delivery of plant materials to the site: Indicate the quantity and type of plant materials in each delivery. 4. At no time shall plant material be pruned, trimmed or topped before delivery. PLANTING 32 93 00 Page 6 of22 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad B. Storage Project No. 6618 April14, 2016 1. Provide a storage site for the plant materials at the staging areas shown on the Drawings or as directed by the Engineer. 2. Store planting materials in the shade and protect from the weather. 3. Maintain and protect container plants not planted within 4 hours of delivery. 4. Before installation, all cuttings shall be stored moist in such a manner as to prevent damage from heat, sunlight, wind or contact with vehicles, equipment, and tools that may cause abrasion to bark or buds. Protection from sun, frost, and wind may be necessary to preserve the health of the cuttings. Cuttings shall be maintained moist at all times. C. Protection and Handling 1. Protect plants during delivery to the site and after, in order to prevent damage to root balls or desiccation of leaves. 2. Take extreme care in the loading and unloading of plants. Do not lift or move container plants by their stems or trunks. 3. Handle all plant materials to ensure they are not damaged or subjected to excessive heat, wind or desiccation during storage, handling, and shipping. 4. Any plant materials that are damaged due to mishandling shall be removed and replaced with new material at no additional cost. 1.13 REJECTION OF PLANT MATERIAL A. All plant material not conforming to the requirements herein shall be considered defective and will be rejected. 1. The Engineer shall mark such plants, whether in place or not, as rejected. 2. Replacement plant material shall be of the same size, species and condition as that indicated on the Drawings. B. Rejected materials shall be removed and disposed of according to State and local regulations by the Contractor at no additional cost. Rejected materials shall be replaced at no additional cost. PLANTING 32 93 00 Page 7 of 22 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad 1.14 PROTECTION OF THE SITE Project No. 6618 April14, 2016 A. Protect previously installed work and materials which may be affected by work of this Section. Provide safeguards and exercise caution against injury or defacement of existing site improvements. B. Repair damage and return the area to the previous condition at no additional cost. 1.15 COORDINATION A. Coordinate operations with subcontractors, as well as other contractors on or adjacent to the project site. B. Exercise extreme care in excavating and working near existing utilities. Repair any damages to these utilities at no additional cost. Check existing utility drawings for existing utility locations. C. Coordinate installation of all planting materials to avoid interference with utilities, other construction elements, and any existing vegetation. D. The Contractor shall coordinate with the Engineer to schedule the placement of materials and equipment necessary to complete the work. 1.16 PLANTING GUARANTEE A. All plant material installed under this Contract shall be guaranteed against poor, inadequate and inferior quality and installation for a period of 1 year from the date of Final Project Acceptance, as specified in Section 32 98 00 Plant Establishment. PART 2-PRODUCTS 2.01 GENERAL A. Procure all plant materials and incidentals required for this project. B. All plant material delivered to the site shall have a normal habit of growth and be well formed and shaped, healthy, vigorous, and free of any insects, diseases, sunscalds, windburn, abrasions of the bark, or other objectionable disfigurements. C. The size of the plant material shall correspond with that normally expected for species and variety of commercially available nursery stock or as specified on the Drawings. D. All plant materials shall be from local genetic stock originating from similar coastal San Diego County sources with similar soils and climate conditions as the project site, from an elevation within 400 feet of the project site elevation, and originating at or near the project site, unless otherwise approved by the PLANTING 32 93 00 Page 8 of 22 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 Engineer. Representative similar conditions are a riparian ecosystem found at or in the vicinity of the project site. E. The use of plant material larger than that specified on the Drawings may be used, pending approval from the Engineer. However, there will be no change in the Contract amount if the larger plant material is approved and used. 2.02 MATERIALS A. Planting soil for all planting pits shall be existing topsoil that is amended according to Section 32 91 00 Planting Preparation. B. Container Grown Stock 1. Container grown stock shall be in a vigorous and healthy condition and not root bound or with the root system hardened off. 2. Container sizes for specific plant species shall be as indicated on the Drawings. Plant container dimensions shall be as follows: a. Treepot4 = 4-inch square by 14-inch long b. 1 Gallon = 6-inch diameter by 7-inch long C. Pole and Brush Layer Cuttings 1. The Contractor shall harvest all required cuttings. Before the start of harvest operations, the Contractor shall confirm with the Engineer on site, the plant species to be collected as specified on Drawings. 2. The Contractor shall be responsible for harvesting the quantities pole cuttings and brush layer cuttings as indicated on the Drawings and as specified in this Section. 3. Pole cuttings shall be harvested at a length of 6-feet with a caliper ranging from % -to 1 %-inches. 4. Brush layer cuttings shall be harvested at a length of 8-feet with a caliper ranging from %-to 1 %-inches. 5. Cuttings shall be harvested from within or immediately adjacent to the project site. If needed, cuttings shall be harvested from riparian habitats within City limits, and as close to the project site as possible, unless otherwise directed by the Engineer. At all times, harvest locations must be approved by the Engineer before the start of any harvesting. 6. Leaves, branches, and twigs shall be removed on each cutting immediately after harvesting the cutting from the source plant. The leaves, branches, and twigs shall be removed from the entire cutting, starting from the base and moving toward the top. At all times, vegetation shall be removed carefully to avoid damage to bark or any buds existing on the cutting. PLANTING 32 93 00 Page 9 of 22 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April 14, 2016 7. With assistance from the Engineer and the City, the Contractor shall obtain written approval from property owners before accessing their land for cutting collection operations. Copies of the written approval must be provided to the Engineer. The Contractor shall perform the operations in conformance to all codes and regulations of governing agencies and private parties having authority over the collection areas. 8. Donor plants shall be field verified for the Engineer's approval while said plants are in leaf (this period may be a few months before actual collection). At all times, diseased and unhealthy donor material shall be avoided. The Contractor shall identify plant material collection sites for approval by the Engineer before collecting any cuttings. 9. Cuttings shall be collected according to standard collection and nursery standards. Cuttings shall be from vigorous stock and free of insects and disease. The Contractor shall take special care not to collect propagation material from non-native species. 10. Cuttings shall be collected from various representative sources to ensure the genetic diversity and viability of the cuttings. 11. Cuttings shall be collected to minimize disturbance to the collection site. The source plant collection area shall be left able to physically and visually recover to undisturbed conditions within one year. At no time shall material sources be denuded or stripped in excess of 5% of total branches. The Contractor shall contact the Engineer for direction if the required cutting species, type, or quantities cannot be collected, including major disease infestation, poor source plants, poor growth, or limited source plant population. The Engineer may choose to accept substitute stock to wholly or partially make up for any order deficit; the Contractor shall be responsible for finding substitutes from another source. 12. The cuttings shall be cut at a 45-degree angle at the wide end (base) of the cutting, and at a right (90-degree) angle at the narrow end (leader). Cutting materials shall be harvested when the cuttings are dormant. All cuttings shall be hardened-off green wood that is a maximum of 1-year-old growth. 13. To ensure cuttings are adequately dormant, cuttings should not be collected until after November 1 and before December 15. Cuttings shall not be collected when the air temperature is greater than 21°C (70°F). Cuttings shall be installed within 7 days of collection. 14. Immediately after removing the cuttings from a source plant, the cuttings shall be bundled, in quantities of 25 or 50, to facilitate counting. Bundles shall be marked with durable, waterproof labels indicating the correct plant botanical name and collection location. Each bundle shall be wrapped in burlap or other approved material PLANTING 32 93 00 Page 10 of 22 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 that protects the cuttings from sunlight and allows air circulation within the bundle. 15. Immediately after removing the cuttings from a source plant and bundling, the cuttings shall be kept cool, at a temperature less than 60°F, and saturated in water immediately after collection and until just before installation. 16. The creek at the project site may be used for temporary cutting storage as approved by the Engineer. If creek storage is not feasible, and as an alternative, then cuttings may be stored in large containers that hold water. 17. Immediately after cutting harvest and at the time of initial cutting storage in the creek or containers, apply rooting growth hormone according to manufacturer's recommendations. Rooting growth hormone shall be "Hormex" rooting powder, or approved equal. 18. The cuttings shall be delivered by the Contractor to the project site. Access to the site shall be as indicated on the Drawings. Delivery vehicles must have closed or covered beds to minimize windburn to cuttings during transport. Cuttings shall be delivered in bundles to the project site. The Contractor shall unload cuttings, placed in bundles as specified herein, at the project site to facilitate counting. D. Wood Mulch 1. Wood mulch shall be walk-on type, 2-inch average particle size, 1 00% shredded fir or cedar mixture of solid woody bark nuggets and fiber with varied particle size and shape, with earthy odor; pH shall be 5.5 to 7.00, and density shall be 15 to 20 lbs./cubic foot. 2. Wood mulch shall be free of dirt, sticks, rocks, or other debris. 3. At no time shall redwood bark be used. E. Plant Protection Cages 1. Plant protection cages shall be as detailed on the Drawings. The Contractor shall furnish all labor, equipment, and incidental materials to completely install plant protection cages on all container plants 2. Protection cages shall be fabricated from aviary wire. The wire edge at the top of the cage shall be uncut (manufactured finished edge) and shall be free of sharp points. PLANTING 32 93 00 Page 11 of 22 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad PART 3-EXECUTION 3.01 VERIFICATION OF EXISTING CONDITIONS Projec:t No. 6618 April14, 2016 A. Before performing the work in this Section, examine previously installed work from other contractors at the project site (if any) and verify that such work is complete and as required, to the point where this installation may begin properly. B. Planting areas shall be prepared according to Section 32 91 00 Planting Preparation, and seeded according to Section 32 92 19 Seeding. C. Remove all rocks, stones, sticks and debris larger than 1-inch in diameter from the surface of the planting areas. D. Before starting planting operations, obtain Engineer's approval of finished grading, performed under Section 32 91 00 Planting Preparation, and seeding, performed under Section 32 92 19 Seeding. 3.02 SURFACE DRAINAGE OF PLANTING AREAS A. Ensure proper drainage of all planting areas. Any discrepancy in the Drawings or Specifications, obstructions on the site or prior work done by another contractor that could preclude the establishment of proper drainage, shall be brought to the immediate attention of the Engineer for correction or relief of said responsibility. Failure to notify the Engineer of any drainage issues will render the Contractor responsible for rectifying any issues due to improper drainage at no additional cost. 3.03 PREPARATION A. Planting Layout 1. Verify the location and depth of all underground utilities. 2. If any underground construction or utility lines are encountered in the excavation of planting holes, alternative planting locations may be selected by the Engineer. 3. Locations for all plants shall be marked on the ground either by flagged using pin flags or grade stakes, indicating plant type and size or the actual plants themselves for the Engineer's review and approval before planting. Plants will be located according to the layout shown on the Drawings. PLANTING 32 93 00 Page 12 of 22 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad 3.04 CONTAINER PLANT INSTALLATION A. General Planting Guidelines Project No. 6618 April14, 2016 1. Container plant installation is expected to be conducted between October 15 and November 15, and before any rain, unless otherwise approved by the Engineer. 2. Container plant installation shall be conducted before any seeding, according to Section 32 92 19. 3. Plant only as many plants as can be planted and watered on that same day within a given planting area. 4. Protect the planting areas from excessive vehicle compaction. 5. Face plant material with fullest growth into the prevailing wind and/or the primary direction of view. Wherever possible, plants shall be placed to north of large rocks, logs, and other obstacles that prevent planting but may provide some shelter during establishment. B. Excavate planting pits to the recommended depth as shown on the Drawings. Planting pits shall have vertical sides and roughened surfaces. C. Refer to the details on the Drawings, and to Section 31 35 19.16, Geotextile Slope Protection for planting within fabric encapsulated soil areas. D. Planting Pit Settling: Before planting, the soil in each planting pit shall be settled. Settlement shall accomplished by either by repeated filling of the irrigation basins with 2-to 3-inches of standing water or by "jetting" said basins with a %-inch diameter PVC pipe at least 6-feet long, attached securely to a flexible hose. The free end of the PVC pipe shall be cut to a sharp angle and driven to the base of the planting hole. Water shall be run through the pipe as the end of the PVC pipe is drawn up through the backfilled hole at a rate slow enough to allow full saturation of all of the soil in the basin. Repeated probing with the jet will be necessary to uniformly settle the soil. Upon the Engineer's approval, planting may proceed only after enough drainage and drying has occurred such that the soil structure is not damaged. E. After the Engineer has approved the planting pit preparation, backfill the planting pits with planting soil to attain the proper level for the plant as shown on the Drawings. F. Plant containers shall be opened and removed in such a manner that the soil surrounding the rootball shall not be broken. Do not injure the root ball while removing the container or box. After removing plant, superficially cut edge roots with a knife on 3 sides. G. Center plant material in the planting pit. PLANTING 32 93 00 Page 13 of 22 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 H. Apply planting soil to the planting pit up to 1/2 the height of the rootball. Add water to the top of the remaining planting pit and let soak in before completing the remainder of backfilling. Finish backfilling with planting soil of the planting pit by tamping the soil firmly around the rootball and watering thoroughly. I. Water Retention Basins 1. In the upper slope areas only, and after final backfilling, construct a water retention basin around the base of each tree and shrub planting (container plants only) to a 30-inch diameter with backfill mix sufficient to hold 3-inches of water. Water retention basins are not required for groundcover plantings. J. Wood Mulch Topdressing 1. In the upland and upland transition areas only, spread a 2-inch deep layer of wood mulch in all tree and shrub planting basins. Wood mulch shall be not cover the plant root crown K. Plant Settling 1. Any plant material that has settled deeper than the surrounding grade shall be raised to the correct level. L. Plant Protection Cages 1. For select plantings as indicated on the Drawings, plant protection cages shall be installed around container plantings to protect against wildlife browsing that would limit plant survival or development. Plant protection cages shall be set vertically and shall be installed as detailed on the Drawings. 2. For plantings on slopes, the plant protection cages shall be set and staked vertically. The Contractor shall field adjust the height of the plant protection cages to accommodate slope. Install plant protection cages immediately after container plant placement. 3. Plant protection cages shall be installed over the plants on the same day the plants are planted in conformance with the details shown on the Drawings. 4. Support stakes for plant protection cages shall be installed vertically a minimum of 12 inches deep on opposite sides of the plant in a direction transverse to the prevailing wind. Support stakes shall be either woven through the wire cage mesh or fastened to the wire cage at 6-inch maximum centers. If the support stakes are woven through the wire cage mesh, the support stakes shall be woven in such a manner that holds the wire cage against the support stakes at 6 inch maximum centers. The cage shall be snug on the support stakes, yet loose enough to be raised for weeding within the plant basin. PLANTING 32 93 00 Page 14 of 22 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 5. Plant protection cages shall be centered over the plant. The cages shall be set 4-inches below grade. Cuts shall be free from sharp point; sharp points of wire shall be bent-over or blunted. 6. An aviary wire "lid" shall be fabricated and secured to the top of the cage using plastic zip-ties. 3.05 CUTTING INSTALLATION A. To ensure cuttings are adequately dormant, pole and brush layer cuttings should not be planted until after November 15 and before December 15; and after seeding operations. B. At all times, pole and brush layer cutting installation shall be coordinated with and conducted concurrent with earthwork, fabric encapsulated soil, and other streambank stabilization work. 3.06 POLE CUTTINGS A. The Contractor shall furnish all labor, materials, equipment, and services necessary to provide complete collection, storage (before installation at the project site), and delivery of materials required for cutting installation, according to the Drawings and these Specifications and as directed by the Engineer. The Contractor shall collect, store (before installing at the project site), and deliver the cuttings in a healthy state, according to these Specifications and the Engineer's direction. B. Cutting layout shall be at the density shown on the Drawings, and shall be located somewhat irregularly to avoid existing shrubs and to mimic a natural layout. C. Cuttings shall be installed daily, ensuring that the number of cuttings distributed to the planting areas can actually be installed and watered. Immediately after cutting installation, the Contractor shall thoroughly water each cutting, completely saturating each cutting, using hand or other approved watering methods. Following installation, each cutting shall be maintained continually moist until installation acceptance is given by the Engineer. D. Pole Cutting Planting Pits: For planting in the slopes and benches, the planting pits for all pole cuttings shall be excavated to the size as indicated on' the Drawings and according to these Specifications. Excavation shall produce pits with vertical sides and flat, uncompacted bottoms. When pits are excavated with an auger and the sides of the pits become glazed, the glazed surface shall be scarified. The pit shall be of sufficient size as to accept the cutting without damage to plant material and shall be capable of maintaining continuous soil contact for its entire subsurface length. The method of creating the pit shall not cause soil erosion. Depending on the planting surface, it is expected that excavation of planting holes may require, but may not be limited to, the use of one or more of the following methods: hand digging, pry bar, hydraulic bar with spade or chisel point, and/or auger. At no time shall the tops of cuttings be damaged during installation. If cuttings are PLANTING 32 93 00 Page 15 of 22 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 hammered in place, the top 2-inches of each cutting shall be cut off to provide a fresh cut top; the Contractor shall provide for extra cutting length to accommodate for the fresh cut; the resulting cutting length shall be as prescribed herein. E. Pole Cutting Planting Pits Erosion Control Netting and Fabric 1. The Contractor shall be responsible for constructing the in-stream structures to afford the appropriate spacing for planting pits as shown on the Drawings. It is expected that planting work shall be conducted concurrent to the installation of the erosion control netting and fabric. The Contractor shall be responsible for coordinating the concurrent work of the planting and installation of erosion control netting and fabric. 2. The planting pits for all pole cuttings shall be shaped to the size as indicated on the Drawings and according to these Specifications. Plant pits associated with in-stream structures shall be shaped to produce vertical sides and uncompacted bottoms. When pits are shaped with an auger and the sides of the pits become glazed, the glazed surface shall be scarified. The pit shall be of sufficient size as to accept the cutting without damage to plant material and shall be capable of maintaining continuous soil contact for its entire subsurface length. The method of creating the pit shall not permanently disrupt erosion control netting and fabric or the in-stream structure or cause soil erosion in the vicinity of the pit. Depending on the planting surface, it is expected that excavation of planting holes may require, but may not be limited to, the use of one or more of the following methods: hand digging, pry bar, hydraulic bar with spade or chisel point, and/or auger. Whether the cuttings are hammered in place or not, the top 6-inches of each cutting shall be cut off to provide a fresh cut top; as prescribed in Part 2, the Contractor shall provide for extra cutting length to accommodate for the fresh cut; the resulting cutting length shall be as prescribed herein. 3. The Contractor shall ensure that all inside surfaces of planting holes are scarified before filling with native soil containing no amendments. Any large sticks or other materials measuring greater than 2-inches in any dimension shall be removed from the fill material and safely discarded before fill is placed in planting holes. Weeds and rubbish shall also be removed from the fill materials and discarded off-site according to State and local regulations. F. Fertilizer or inoculants shall not be required for pole cuttings. G. Provide and install cuttings into the planting pit so that the narrow end is exposed above the planting surface. Ensure the natural terminal end of cuttings is placed likewise with buds oriented in the upward direction. Cuttings on slopes shall be installed vertically. PLANTING 32 93 00 Page 16 of 22 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 H. At no time during cutting placement shall bark be scraped, roughed, or grinded; shall cuttings be hammered into soil; or shall buds be stripped. Damaged cuttings shall be removed off site according to State and local regulations; fresh, healthy cuttings shall be installed in place of damaged cuttings. I. Pole cuttings shall be installed with 1/2 to 2/3 of the length below grade as prescribed per the details on the Drawings. At no time during cutting placement shall bark be abraded or buds stripped. Avoid hammering cuttings into soil. Damaged cuttings shall be removed off-site according to State and local regulations; fresh, healthy cuttings shall be installed in place of damaged cuttings. J. If planting adjustments are necessary, the Contractor shall proceed only after receiving approval from the Engineer. Specific planting treatments shall be installed as detailed on the Drawings. Species to be planted are indicated on the Drawings. K. If necessary, the cutting planting hole shall be filled with moist, pulverized backfill or native fill materials. Fill materials shall be tamped in place to completely encircle the cutting and leave no air pockets. Ensure soil contact is maintained along the entire length of the cutting placed below grade. Cuttings shall be installed daily, ensuring that the number of cuttings distributed can actually be installed and watered. L. Immediately after cutting installation, the Contractor shall thoroughly water each cutting, completely saturating each cutting, using hand or other approved watering methods. After installation, each cutting shall be maintained continually moist until the Engineer accepts the installation. 3.07 BRUSH LAYER CUTTINGS A. The Contractor shall furnish all labor, materials, equipment, and services necessary to provide complete collection, storage (before installation at the project site), and delivery of materials required for brush layer cutting installation, according to the Drawings and these Specifications and as directed by the Engineer. The Contractor shall collect, store (before installing at the project site), and deliver the brush layer cuttings in a healthy state, according to these Specifications and the Engineer's direction. B. Brush layer cuttings shall be installed daily, ensuring that the number of brush layer cuttings distributed to the planting areas can actually be installed and watered. Immediately after brush layer cutting installation, the Contractor shall thoroughly water each brush layer, completely saturating each brush layer cutting, using hand or other approved watering methods. Following installation, each brush layer shall be maintained continually moist until installation acceptance is given by the Engineer. C. At no time during brush layer cutting placement shall bark be scraped, roughed, or grinded; shall cuttings be hammered into soil; or shall buds be stripped. Damaged brush layer cuttings shall be removed off site according PLANTING 32 93 00 Page 17 of 22 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 to State and local regulations; fresh, healthy cuttings shall be installed in place of damaged brush layer cuttings. D. Provide and install the brush layer cuttings either on a soil lift (fill or embankment slope) in an overlapping configuration. E. Soil shall be pre-wetted before cuttings are installed, or determined to be in a moist or saturated condition to at least the planted depth of the cutting. F. Brush layer cutting growing tips shall be aligned toward the outside face of the slope. G. Brush layer cuttings shall form a continuous mat along the bench and shall be installed with 2/3 of the length in soil below grade. H. The brush layer shall have a minimum density of 24 live brush layer cuttings within any given 12-inch distance, as measured horizontally along the excavated bench; this density shall apply to all areas within the designated brush layer. I. Provide and place topsoil on top of the brush layer cuttings and compact to eliminate air spaces by way of an adequate soil-water slurry mix. J. The brush tips shall extend slightly beyond the face of the slope to slow runoff and filter out sediment. K. Dry soil in contact with brush layer cuttings shall be watered immediately following completion of brush layer cutting installation. 3.08 FABRIC ENCAPSULATED SOIL (FES) WITH PLANTING A. The Contractor shall be responsible for constructing FES floodplain benches consisting of installing fabric encapsulated soil, conducting ripping native soil and bank regrading, and planting consisting of seeding according to Section 32 92 19 Seeding, and installing pole cuttings, container plants, and brush layer cuttings at locations shown and as detailed on the Drawings, and specified herein. B. Refer to the details on the Drawings, and to Section 31 35 19.16, Geotextile Slope Protection for planting within fabric encapsulated soil areas. C. Refer to articles in this Section for additional requirements. 3.09 WATERING A. All container plants and cuttings shall be watered immediately after installation. After the first watering, water shall be applied to all plants to achieve continually moist conditions as required to keep the vegetation in a healthy and vigorous growing condition until the completion of the Installation Period. PLANTING 32 93 00 Page 18 of 22 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 B. Watering shall continue during the Plant Establishment Period as prescribed in Section 32 98 00 Plant Establishment. 3.10 AS-BUILT DRAWINGS A. The Contractor shall prepare as-built drawings to document the planting preparation, as well as the installation of plants, irrigation system, seeding, and biotechnical treatments during the Installation Period. These drawings shall be updated as needed and maintained at the project site. Prints of the original contract drawings shall be used as the base drawings for the as-built drawings; these will be prepared as "red-lined" mark-ups on prints of the original contract drawings and shall be submitted to the Engineer. Refer to Section 32 98 00 Plant Establishment for additional requirements. B. The as-built drawings shall include the work done for planting preparation, as well as the locations, species or types, quantities, and sizes of all materials installed. Specific requirements for irrigation system are included in Sections 32 84 00 Planting Irrigation. As-built drawings shall also include: 4. A legend listing all materials used; 5. Any features installed as results from change orders or field instructions; 6. Any known areas not installed as designed; 7. Record of any areas that wildlife activity was noticed. C. As-built progress sheets shall be updated weekly as the work proceeds, showing the work as actually completed or installed, and shall be the basis for measurement and payment for work completed. As-built progress sheets shall be available at all times for observation and shall be kept in a location easily accessible to the Engineer. In the event that the progress sheets are not available for review or not current at the time of any site visit by the Engineer, it will be assumed that no work has been completed and the Contractor will be assessed the cost of that site visit at the current billing rate of the Engineer. No other site observations shall take place without prior payment of this assessment. D. Make neat and legible notations on the as-built progress sheets. Transfer notations on the progress sheets to the final as-built drawings as necessary, but at least weekly. E. On or before the date of the Final Installation Acceptance, deliver the corrected and completed as-built drawings to the Engineer. Delivery of the as- built drawings will not relieve the Contractor of the responsibility of furnishing required information that may have been omitted from the as-built drawings. F. The final as-built drawings shall be to scale and reproducible and used as the base drawings for the record drawings to be prepared during the Plant Establishment Period as prescribed in Section 32 98 00 Plant Establishment. PLANTING 32 93 00 Page 19 of 22 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad 3.11 CLEANUP Project No. 6618 April14, 2016 A. Site cleanup shall occur on a daily basis and as each phase of the work concludes. B. Remove all trash and excess dirt caused from the work according to State and local regulations. Contractor shall make arrangements for disposing of these materials outside the project site and shall pay all costs involved. Arrangements shall include, but not be limited to, entering into agreements with property owners and/or the City and obtaining necessary permits, licenses, and environmental clearances. C. Sweep all adjacent walks and paved areas on a weekly basis throughout the duration of the project. D. Repair all scars, ruts or other marks in the ground caused by the work. E. Upon completion of the work, smooth all ground surfaces, remove excess dirt, materials, rubbish and debris according to State and local regulations to an offsite location or as directed by the Engineer. Sweep adjacent streets, curbs, gutters and sidewalks and remove construction equipment from the premises. 3.12 SITE OBSERVATIONS A. Corrective actions shall be in strict conformance with the Drawings and these Specifications and according to the Engineer, and shall be completed at the Contractor's expense. B. The Engineer will perform progress observations of the work and construction operations on completion of installation stages. The Engineer and the Contractor shall be agree upon the installation stages for this Specification before starting work and be present on mutually agreed-on dates for the observations for each stage. C. If, after an observation, the Engineer is satisfied with the construction to date and its conformance to the Drawings and the Specifications, the Engineer will provide written notice of provisional acceptance for that construction stage. D. If, after an observation, the Engineer is dissatisfied with the construction to date and its conformance to the Drawings and the Specifications, the Engineer will prepare a written punch list of necessary corrective action on defective work for that construction stage. All corrections must be completed and will be re-o bserved by the Engineer within 1 0 working days from the date of the initial observation. E. Project observations shall not occur until all punch list items from previous observations are corrected. Failure to correct problems in the time specified PLANTING 32 93 00 Page 20 of22 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 by the Engineer may result in a delay of payment for the said tasks until the items in question are remedied per the Engineer's direction. F. The Contractor shall be charged for any additional construction observations and verification of punch list items required from the Engineer for unscheduled and necessary re-observation of the work due to due to unsatisfactory or incomplete work addressing previous punch list items. G. Provide the Engineer with 48 hours of advance notification, except as otherwise noted, for required stage acceptance observations including, but not limited to, the following: 1. Field marking of all cutting collection locations. 2. Plant materials at nursery(s) before delivery to project site. 3. Cutting collection, delivery, and storage operations. 4. Plant materials after delivery to project site and before planting. 5. Plant locations layout before planting pit excavation. 6. Planting operations, one complete installation of each plant type/size before installation of remaining plants. 7. Progress of container plant and cutting installation operations. 8. Completion of container plant and cutting installation operations. 9. Substantial Completion Observation: Final installation observation before the start of the Plant Establishment Period. (Provide 10 working days of advance written notice). H. Following the Substantial Completion Observation and upon the Engineer's acceptance of the planting installation, as well as the related work prescribed in other Sections, the Plant Establishment Period shall begin according to Section 32 98 00. END OF SECTION 32 93 00 PLANTING 32 93 00 Page 21 of 22 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad This page has been intentionally left blank. PLANTING 32 93 00 Project No. 6618 April14, 2016 Page 22 of22 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad SECTION 32 98 00-PlANT ESTABLISHMENT PART 1 -GENERAL 1.01 GENERAL CONDITIONS Project No. 6618 April14, 2016 A. Requirements of the Contract Documents apply to work in this Section with same force and effect as though repeated in full herein. B. As an optional bid item, and upon the direction of the City of Carlsbad, the Contractor may responsible for conducting Plant Establishment Period maintenance according to these Specifications. 1.02 SCOPE OF WORK A. The Plant Establishment Period shall begin immediately after the Engineer gives a written notice of acceptance of the seeding, planting, and irrigation system installation, and continues for a minimum of 4 months (120 days) and up to 24 months as directed by the City of Carlsbad. B. The Plant Establishment Period work is expected to be conducted from March through November each calendar year, as directed by the Engineer. C. After planting preparation, planting, seeding, and irrigation work have been completed, reviewed and accepted the Engineer, furnish materials, labor, transportation, services and equipment necessary to provide plant establishment maintenance work as indicated on Drawings and as specified herein. D. The Plant Establishment Period will not be considered complete until the Engineer gives a written notice of a Final Project Acceptance. E. The intent for this project is to have healthy and vigorous, persistent plants and seeded areas at the end of the Plant Establishment Period that can survive without irrigation or other maintenance actions. Water shall be applied in a way that will allow for the "weaning off' of plants. Wherever possible, these plantings and seeded areas should consist of the original materials installed during the Installation Period. This space has been intentionally left blank. PLANT ESTABLISHMENT 32 98 00 Page 1 of 18 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad F. Work included in this Section: 1. General Plant Establishment; 2. Insect and Disease Control; 3. Maintaining Water Retention Basins; 4. Watering; 5. Irrigation System Maintenance; 6. Non-native Invasive/Exotic Species Control; 7. Replacement Planting; 8. Reseeding Areas; 9. Other Maintenance; 10. Record Drawings; 11. Plant Establishment Reports; 12. Cleanup; 13. Site Observation Before Final Project Acceptance; 14. Site Observation Schedule; and 15. Final Project Acceptance. G. Work related in other Sections: 1. Section 31 3519.16, Geotextile Slope Protection; 2. Section 32 84 00 Planting Irrigation; 3. Section 32 91 00 Planting Preparation; 4. Section 32 92 19 Seeding; and 5. Section 32 93 00 Planting. 1.03 REQUIREMENTS OF REGULATORY AGENCIES Project No. 6618 April14, 2016 A. All Federal, State, and local laws and regulations governing this work are hereby incorporated into and made part of this Section. When this Section calls for certain materials, workmanship or a level of construction that exceeds the level of Federal, State, or local requirements, the provisions of this Section shall take precedence. 1.04 REFERENCE STANDARDS A. Standard Specifications for Public Works Construction (Greenbook). 1.05 DEFINITIONS A. Healthy Plants: Healthy plants shall be those that are of good form, free of disease and insect infestation, are robust, and exhibit vigorous growth (foliage and wood). They must not be heat or water stressed. B. Irrigation Season: After construction is complete, and during the Plant Establishment Period, the Irrigation Season refers to the beginning and ending dates for watering; and shall be May 1 to October 31 and at other times according to the direction of the Engineer including times of drought, or unseasonably dry weather. PLANT ESTABLISHMENT 32 98 00 Page 2 of 18 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 C. Plant Establishment Period: The Plant Establishment Period shall be as defined Article 1.02 of this Section. D. Final Project Acceptance: Final Project Acceptance is the milestone when all work, including work under this Section, is completed and approved by the Engineer. Final Project Acceptance does not in any way release the Contractor from the requirements or duration of any guarantees according to the Specifications. 1.06 PERFORMANCE STANDARDS A. Target Survival Rates. 1. The target survival rate for all container plants for each planting area shall be a minimum of 100% survival within said area at the end of the Plant Establishment Period and before Final Project Acceptance. 2. The target survival rate for all pole cuttings shall be a minimum of 60% survival at the end of the Plant Establishment Period and before Final Project Acceptance. There is no target survival rate for brush layer cuttings. 3. The target survival rate for seeded areas for each area shall be a minimum of 25% cover with native vegetation and free of non-native invasive/exotic species within said area. B. Other Standards 1. At no time shall any plants show symptoms of damaged foliage, disease, size, color, wilting, defoliation, and vandalism. At no time shall any plants show symptoms of disease, browsing by wildlife, insect damage, girdling, structural deformities, dieback, dry rootball, and sunburn. At no time shall any plants show symptoms of water stress (caused by overwatering or underwatering), stunted growth, wilting, premature loss of leaves (for deciduous species), and premature yellowing of leaves (for deciduous species). 2. No visible signs of on-going, excessive erosion, such as rills. 1.07 QUALIFICATIONS A. The applicator of all non-native invasive/exotic species control materials shall be licensed by the State of California as a Pest Control Operator and a Pest Control Advisor in addition to any subcontractor licenses that are required. 1.08 SUBMITTALS A. Submit to the Engineer at least 10 days before the start of the Plant Establishment Period, 2 bound booklets and 1 digital set containing the following information: PLANT ESTABLISHMENT 32 98 00 Page 3 of 18 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 1. A schedule of activities planned during the Plant Establishment Period. This schedule must be accepted by the Engineer before starting work under this Section. During the Plant Establishment Period, document scheduled changes and obtain acceptance by the Engineer. 2. A written irrigation schedule, including rate and length of application for each watering event over the duration of the Plant Establishment Period for approval. 3. The Pest Control Advisor (PCA) shall submit a list of the non-native invasive/exotic species control materials and quantities per acre intended for use in controlling the non-native invasive/exotic species types prevalent and expected on the site. Non-native invasive/exotic species control information shall include: a. Data to demonstrate the compatibility of the non-native invasive/exotic species control materials and methods with the intended planting and seed varieties. b. A written list of the proposed herbicide application equipment to be used in performance of the work, including descriptive data and calibration tests. Include the herbicide trade name, chemical composition, formulation, concentration, application rate of active ingredients and methods of application for all materials furnished, as well as the name and State license number of the State certified applicator. c. Records of manufacturer's literature, labels, and laboratory analytical data for verification of herbicide to be used, including the chemical makeup and application rate. d. Certificates of compliance certifying that herbicide materials meet the requirements specified shall be submitted before the delivery of materials. Herbicide material shall include EPA registration number and registered uses. e. A Herbicide Treatment Plan (HTP) proposing a sequence of herbicide treatments and a written delivery schedule and written PCA recommendations. The herbicide trade name, chemical composition, formulation, concentration, application rate of active ingredients and methods of application for all materials furnished, and the name and state license number of the state certified applicator shall be included. Records of manufacturer's literature, labels, and laboratory analytical data for verification of herbicide to be used, including the chemical makeup and application rate shall be submitted. Once approved by the Engineer, the Contractor shall receive written authorization to proceed with the treatment. PLANT ESTABLISHMENT 32 98 00 Page 4 of 18 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 4. A list of materials that are to be used during plant establishment in written form to the Engineer for review and approval before purchasing or delivering to the site. B. Replacement Materials 1. For all replacement container plants, submit a copy of the plant procurement order, as specified in Section 32 93 00 Plants. If the nursery is different than that used to supply the materials for the initial planting, submit the name, address, and phone number of the nursery to be utilized. Approval from the Engineer must be provided before ordering replacement plants. 2. For all replacement cuttings, submit a plan for collection following the collection requirements of Section 32 93 00 Planting. Include the plant species (by botanical and common name), sizes, and quantities to be collected. This plan must be accepted by the Engineer before collection proceeds. 3. For any reseeding materials, submit seed supplier's certification for required seed mixtures, indicating percentage by weight, and percentages of purity, germination and weed seed for each mix. Submit all samples and testing results as required in Section 32 92 19 Seeding. 4. Submit a schedule for replacement materials work, including plant and/or seeding procurement, storage, anticipated delivery dates, and anticipated installation dates for review and approval. C. Record Drawings 1. Provide and keep up to date at all times, a complete, full-size printed set of record drawings documenting the work performed during the Plant Establishment Period and final as-built conditions. 2. On or before the date of the Final Project Acceptance, submit final record drawings as detailed herein. D. Plant Establishment Reports 1. Submit plant establishment reports for review during the progress observations. E. Engineer's Review 1. Engineer will provide approvals or direction to the Contractor for any needed corrections within 1 0-days of receipt of said submittals. PLANT ESTABLISHMENT 32 98 00 Page 5 of 18 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad 1.09 SUBSTITUTIONS Project No. 6618 April14, 2016 A. Substitutions for the materials listed on the Drawings and Specifications may be requested by providing the following information to the Engineer for approval, and shall be submitted according to Section 2-5.3 and 4-1.6 of the General Provisions: 1. Provide a statement indicating the reason for making the substitution. Use a separate sheet of paper for each item to be substituted. 2. Provide descriptive catalog literature, performance charts, and flow charts for each item to be substituted, demonstrating its "or equal" status. 3. Provide the amount of cost savings or cost increase if the substituted item is approved. B. The Engineer shall have the sole responsibility for accepting or rejecting substituted items as approved equals to the materials or equipment listed on the Drawings and Specifications. C. Specific reference to manufacturers' names and products specified in this Specification are used as standards of quality. This implies no right to substitute other materials without prior written approval by the Engineer. D. Any substituted materials installed without written approval by the Engineer may be rejected. E. If an approval is granted for a substitution, adjustment in the Contract amount will be made in accordance with the Contract Conditions. 1.1 0 PROTECTION OF THE SITE A. Protect previously installed work and materials which may be affected by work of this Section. Provide safeguards and exercise caution against injury or defacement of existing site improvements. B. Repair damage and return the area to the previous condition at no additional cost. 1.11 COORDINATION A. Coordinate operations with subcontractors, as well as other contractors on or adjacent to the project site. B. Exercise extreme care in excavating and working near existing utilities. Repair any damages to these utilities at no additional cost. Check existing utility drawings for existing utility locations. PLANT ESTABLISHMENT 32 98 00 Page 6 of 18 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 C. Coordinate implementation of all plant establishment work to avoid interference with utilities, other construction elements, and any existing vegetation to remain. D. The Contractor shall coordinate with the Engineer to schedule the placement of materials and access of equipment necessary to complete the work. 1.12 PLANTING GUARANTEE A. All planting and seeding materials installed under this Contract shall be guaranteed against poor, inadequate and inferior quality and installation for a period of 1 year from the date of Final Project Acceptance. 1. Manufacturer's warranties shall not relieve the Contractor of its own liability under the Planting Guarantee. Such warranties shall only supplement the Planting Guarantee. 2. Replacement planting and seeding material shall also be guaranteed for a period of 1 year following installation. B. Replace at no additional cost and as soon as weather permits, all dead vegetation and all vegetation not found in a vigorous, thriving condition, as determined by the Engineer during and at the end of the guarantee period. 1. Replacement materials shall be installed as per the requirements of the replacement plant and reseeding area subsections detailed herein. PART 2-PRODUCTS 2.01 MATERIALS AND EQUIPMENT A. Provide materials and equipment for plant establishment work in accordance with requirements of Sections 32 84 00 Planting Irrigation, 32 92 19 Seeding, and 32 93 00 Planting, except as described herein. 1. Supply all replacement irrigation parts and equipment as required during the Plant Establishment Period. Replacement materials shall be as prescribed on the Drawings and according to Section 32 84 00 Planting Irrigation, unless otherwise directed by the Engineer. 2. Supply all replacement planting and seeding materials as required during the Plant Establishment Period. Replacement materials shall be of same species and size as prescribed on the Drawings and according to Section 32 92 19 Seeding and Section 32 93 00 Planting, unless otherwise directed by the Engineer. Sources proposed for acquisition of replacement plant material must be approved by Engineer before acquisition. In no event shall plants of larger sizes than those originally planted be required. PLANT ESTABLISHMENT 32 98 00 Page 7 of 18 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad B. Herbicide Project No. 6618 April14, 2016 1. Herbicide for all non-native invasive/exotic species shall be non- selective, broad-spectrum, post-emergent, trans-locating herbicide with low toxicity to wildlife approved for use in and around aquatic habitats by the U.S. Environmental Protection Agency (EPA). Herbicide shall be of high grade quality and in perfect condition at time of installation. Select herbicides as appropriate for the desired effect (i.e., broadleaf herbicide to avoid harm to grasses). 2. All herbicides shall be State and County approved for land or aquatic applications. 3. Herbicide for all non-native invasive/exotic species shall be as approved according to the Herbicide Treatment Plan (HTP) and written PCA recommendations submitted in Section 32 91 00 Planting Preparation. C. Plant Protection Cages 1. Supply any needed replacement materials for plant protection cages as required during the Plant Establishment Period. Replacement materials shall be the same as prescribed in Section 32 93 00 Planting, unless otherwise directed by the Engineer. PART 3-EXECUTION 3.01 GENERAL PLANT ESTABLISHMENT A. Continuously maintain areas included in this Contract during the Plant Establishment Period until Final Project Acceptance has been granted. B. Improper maintenance or possible poor condition of planting at termination of the scheduled final site observation may cause the Plant Establishment Period to be continued at no cost. C. Any day that Contractor fails to adequately perform plant establishment work, as determined necessary by the Engineer, will not be credited as one of the working days. D. The Contractor shall be responsible for establishing and maintaining all plants and seeded vegetation in a healthy condition throughout the Plant Establishment Period. The Contractor shall check the condition of each plant and seeded vegetation for symptoms of disease, size, color, wilting, defoliation, new growth, browsing by wildlife, insect damage, girdling, structural deformities, dieback, sunburn and vandalism and shall notify the Engineer of the corrective actions required. PLANT ESTABLISHMENT 32 98 00 Page 8 of 18 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 E. General plant establishment operations shall include, but shall not be limited to: 1. Maintaining planting and seeding areas and irrigation systems as described specifically herein. 2. Providing debris removal in all planting and seeding areas. 3. Maintain adequate protection of planting and seeding areas. Repairing damaged areas. 4. Replacing all dead and severely stressed plants and other materials, as required and in accordance with the performance standards. 5. Maintaining all planting areas weed free and removing all non-native invasive/exotic species from entire project site. Cultivate at intervals of not more than 1 0 days. 6. Operating the irrigation system on a regular basis throughout the Irrigation Season and maintaining the irrigation system in a fully operational condition for the duration of the Plant Establishment Period and up to the Final Project Acceptance. 7. Keeping up-to-date record drawings during the Plant Establishment Period. F. The Contractor shall be responsible for 100% of the remediation efforts (to meet the requirements and performance standards prescribed herein), except when remediation is required because of fire, vandalism, or acts of Nature beyond the Contractor's control, in which case the Engineer will provide direction. 3.02 MAINTAINING WATER RETENTION BASINS A. Unless otherwise directed by the Engineer, maintain water retention basins around each container plant. As directed by the Engineer, modify the basin to ensure it is capable of containing the required amount of water at each watering event at one time. The lip (or earthen berm) of the basin shall be preserved to a height as shown on the Drawings. Maintenance actions may include importing soil, reforming, andre-compacting the lip (or earthen berm) of the basin. Should water be retained within a basin for more than 4-hours, breach the berm of said basin in order to provide drainage at a given plant, especially during the rainy season and at other times as necessary. Take corrective actions to ensure positive drainage at a given plant; the berm shall then be restored to reform the water retention basin as prescribed herein. 3.03 WATERING A. The Contractor shall conduct weekly site evaluations of water application during the Plant Establishment Period. These evaluations shall include observing all plants for signs of inappropriate watering, including water PLANT ESTABLISHMENT 32 98 00 Page 9 of 18 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 stress (caused by overwatering or underwatering), stunted growth, wilting, premature loss of leaves (for deciduous species), and premature yellowing of leaves (for deciduous species). B. Watering shall consist of the application of water in a manner that is sufficient to wet the soil and saturate the root zone and as frequent as necessary to maintain healthy growth, without damaging the plants, the surrounding grade or the existing watering basins. The plants shall receive water by way of the installed irrigation system as shown on the Drawings and according to Section 32 84 00 Planting Irrigation. C. Hand watering shall be provided for all container plantings and cuttings not receiving water by way of the irrigation or when irrigation systems are not operational, and at other times as directed by the Engineer. Water shall be applied in an amount equal to the rates prescribed herein. D. The schedule for watering shall be determined collaboratively by the Contractor and the Engineer. At all times, irrigation scheduling will be approved by the Engineer. The Contractor shall not change the irrigation schedule independently. The Engineer and Contractor will meet at the project site as necessary to check and adjust irrigation scheduling. The frequency and duration of the watering will depend on current weather patterns and site-specific moisture conditions at each Revegetation Treatment Area. During transition periods (e.g., spring into summer, summer into fall) or during extreme heat or dry cold periods, site visits may be called weekly until a revised irrigation schedule is determined. If modifications are made to the watering schedule, provide the Engineer with 2 copies of the adjusted watering schedule within 2 weeks of receiving the Engineer's verbal acceptance, plus subsequent written approval of the modifications. Following is a recommended schedule: 1. In spray sprinkler irrigation areas: water plants at a rate of 3-inches per week. Where applicable, planting basins shall be completely filled with water at each application. At all times, after each watering, the root zone around each plant shall be saturated to 1-foot depth across the entire width of the planting basin, minimum. At no time shall the watering occur in excess of 1 hour at an individual planting site. E. The Contractor shall be responsible for observation and timely reporting of irrigation deficiency or excess. Throughout warm weather conditions, the plants may require additional watering events. If most of the plants appear to be stressed and in danger of perishing, the Contractor shall consult the Engineer within 24 hours to determine the frequency and duration of additional or decreased watering. Modify frequency and duration as approved within 24 hours. Assume full responsibility for corrective actions resulting from inappropriate water applications and failure to contact the Engineer for direction. PLANT ESTABLISHMENT 32 98 00 Page 10 of 18 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April 14, 2016 F. If exceptionally hot, dry weather continues past the scheduled shutdown date, the Contractor shall consult the Engineer to determine whether to continue irrigating the plants after the end of the Irrigation Season. If plants appear to be suffering from excessive irrigation water, the irrigation schedule is subject to reduction at the direction of the Engineer. Should watering be required in dry winter periods, said watering will be conducted as directed by the Engineer; said watering will be administered as a change order. G. Water pressure shall be regulated to a level that applies sufficient water without causing damage to vegetation or erosion to the planting basin. At no time shall any water be applied in a way that will cause erosion, damage to plants, or excessive runoff. Regulate irrigation watering times to minimize erosion and gullying. At no time will direct truck watering be allowed. Hose watering by way of the quick couplers is acceptable as long as container plants are protected from any damages resulting from hose dragging or excessive and direct water pressure. H. Unless otherwise directed by the Engineer, the temporary irrigation system shall be remain in place and fully operational at the end of the Contract period. 3.04 IRRIGATION SYSTEM MAINTENANCE A. Irrigation maintenance shall include examining the irrigation systems once every week, including cleaning and adjusting spray sprinkler heads; repairing damaged equipment; testing each valve location to ensure that the irrigation systems are operational; and checking pipes for leaks or blocked lines. B. The Contractor shall operate and make any necessary repairs to the irrigation systems to meet the requirements specified in Section 32 84 00 Planting Irrigation. 3.05 NON-NATIVE INVASIVE/EXOTIC SPECIES CONTROL A. Non-native invasive/exotic species control shall consist of maintaining the individual planting sites, areas between individual planting sites, and all areas within planting boundaries (as shown on the Drawings) free of non- native invasive/exotic species for the duration of the Plant Establishment Period. Non-native invasive/exotic species control shall also consist of maintaining the seeded areas to meet the performance standards specified herein. B. The primary goal is to control non-native invasive/exotic species before they produce viable seed. C. Personnel performing non-native invasive/exotic species control shall be trained to identify species installed as part of the Contract and shall remove, within planting basins, only those plants that were not planted as part of the Contract. Installed plants or any native plant volunteers shall not be damaged by non-native invasive/exotic species control operations. PLANT ESTABLISHMENT 32 98 00 Page 11 of 18 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 D. Observe the project site weekly during the Plant Establishment Period to evaluate potential non-native invasive/exotic species problems. Non-native invasive/exotic species shall be targeted for removal and long-term control through manual or chemical methods. Manual removal by hand-pulling shall be the preferred eradication method. 1. Mechanical methods (such as mowing) or spot herbicide applications may be considered upon receipt of an HTP and approval from the Engineer before application. If approved, herbicide applications shall be conducted according to the approved HTP and under the direction of the Engineer. At no time shall non-native invasive/exotic species control include burning. 2. Avoid frequent soil cultivation that destroys shallow surface roots. 3. Replenish lost mulch to reduce non-native invasive/exotic species growth. 4. Non-native invasive/exotic species that grow within the planting basins and on the basin berms shall be removed before reaching 4- inches in height or before covering 30% of the planting basin or equivalent area. All non-native invasive/exotic species control in the planting basins shall be performed by hand pulling. At no time shall herbicide or mechanical methods be used to control non-native invasive/exotic species in the basin areas. Non-native invasive/exotic species removal shall not cause disruption to the root systems and above-ground structure of the installed plants and basins. This space has been intentionally left blank. PLANT ESTABLISHMENT 32 98 00 Page 12 of 18 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 E. Non-native invasive/exotic species shall be removed within 7 days of when they are first observed. After the non-native invasive/exotic species have been removed, the dead vegetation shall be cleared and removed offsite according to State and local regulations. Non-native invasive/exotic species observed in or near the project area include, but are not limited to: *Source: Cai-IPC California Invasive Plant Inventory Database, updated December 2010. Overall rating listed for southwest region, factoring impact, invasiveness, distribution and documentation level. Inventory Categories: High: Species have severe ecological impacts, are conducive to moderate to high rates of dispersal/establishment and most are widely spread. Moderate: Species have substantial and apparent, but generally not severe, ecological impacts, are conducive to moderate to high rates of dispersal, though establishment is generally dependent on ecological disturbance, and distribution may range from limited to widespread. Limited: Species are invasive but their ecological impacts are minor on a statewide level or there was not enough information to justify a higher score, have low to moderate rates of invasiveness, and are generally limited but may be locally persistent and problematic. PLANT ESTABLISHMENT 32 98 00 Page 13 of 18 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad 3.06 REPLACEMENT PLANTING Proje·ct No. 6618 April14, 2016 A. Plant material replacement shall be in strict conformance to the Drawings, these Specifications, and the Engineer's direction, and shall be completed at no additional expense. Installation and materials shall be a prescribed in Section 32 93 00 Plants. B. Plant material that has no easily observable viable above-ground living matter or is of consistently poor vigor and form shall be considered dead, unless otherwise directed by the Engineer. Any herbaceous vegetation that fails to show new growth from its root system after one dormant period and within the first 9 months after planting will be considered dead. C. Replace dead plants according to the Drawings and the Specifications at a rate of replacement that will meet the performance standards described herein. Dead plants shall be removed before installation of replacement plants. All dead plants shall be removed offsite according to State and local regulations at no additional expense. D. All materials determined to be salvaged shall be handled and removed with care. All replacement plant containers and racks shall be salvaged and recycled offsite or returned to the suppliers at no additional cost. 3.07 RESEEDING AREAS A. Reseeding shall be in strict conformance to the Drawings, these Specifications, and the Engineer's direction, and shall be completed at no additional expense. Installation and materials shall be a prescribed in Section 32 92 19 Seeding. B. Herbaceous vegetation that fails to show new growth from its root system after one dormant period and within the first 9 months after planting will be considered dead. C. Reseed areas according to the Drawings and the Specifications to meet the performance standards described herein. Dead vegetation shall be removed before reseeding. All dead vegetation shall be removed offsite according to State and local regulations at no additional expense. 3.08 OTHER MAINTENANCE A. Coordinate with the Engineer to provide any remedial actions or field-design adjustments necessary to ensure that the performance standards as specified herein are being met. B. Work necessary to meet the performance standards as specified herein shall be completed at no additional cost. PLANT ESTABLISHMENT 32 98 00 Page 14 of 18 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad C. Plant Protection Cages Project No. 6618 April14, 2016 1. Plant protection cages shall be maintained as needed to ensure they are intact, upright, and functioning as originally installed. 2. Plant protection cages shall be maintained in place until removal is directed by the Engineer. 3. If directed by the Engineer, plant protection cages shall be completely removed offsite and recycled according to State and local regulations. 3.09 RECORD DRAWINGS A. Provide and keep up to date at all times, a complete set of full size, blue line bond print record drawings, which shall be corrected daily and show every change during the Plant Establishment Period from the final as-built drawings completed as specified in Section 32 93 00 Planting. The record drawings shall also show the exact installed locations, sizes, and kinds of materials and equipment used during the Plant Establishment Period. Record drawings shall be retained on the site. B. Each record drawing shall include the following: 1. A legend listing all materials used; 2. Any features installed as results from change orders or field instructions; 3. Any known areas not installed as design; 4. Record of any areas that wildlife activity was noticed; 5. Percentage of plant survival and provided information of areas that required replanting; 6. Percentage of seeding survival and provided information of areas that required reseeding; 7. For replacement plantings, include the plant species, quantities, and sizes; 8. For reseeding areas, include the species and types of the reseeding areas; 9. For irrigation systems, include the locations of the following items: a. All valves; b. Routing of all pipes; c. Spray sprinkler heads; and d. Other related equipment. PLANT ESTABLISHMENT 32 98 00 Page 15 of 18 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 C. Record progress sheets shall be updated daily as the work proceeds, showing the work as actually installed, and shall be the basis for measurement and payment for work completed. Record progress sheets shall be available at all times for observation and shall be kept in a location easily accessible to the Engineer. In the event that the progress sheets are not available for review or not current at the time of any site visit by the Engineer, it will be assumed that no work has been completed and the Contractor will be assessed the cost of that site visit at the current billing rate of the Engineer. No other site observations shall take place without prior payment of this assessment. D. Make neat and legible notations on the record progress drawings/sheets. The relocated equipment and dimensions will then be transferred to the final record drawings at the proper time. E. Before the date of the Final Project Acceptance, transfer all information from the progress sheets to final record drawings prepared as "red-lined" mark- ups on the original contract drawings; said record drawings shall be submitted to the Engineer for approval. Address any comments and make any revisions to the record drawings before the Final Project Acceptance. F. On or before the date of the Final Project Acceptance, deliver the corrected and completed record drawings to the Engineer. Delivery of the record drawings will not relieve the Contractor of the responsibility of furnishing required information that may have been omitted from the record drawings. G. The final record drawings shall be to scale and reproducible. 3.10 PLANT ESTABLISHMENT REPORTS A. Plant establishment activities, including, but not limited to watering, pruning, non-native invasive/exotic species control, and repairs to biotechnical treatments shall be logged on a weekly basis in conjunction with the weekly site observations for irrigation, non-native invasive/exotic species control, and other maintenance submitted for review during the progress observations. 3.11 CLEANUP A. Site cleanup shall occur on a daily basis and as each phase of the work concludes. B. Remove all trash and excess dirt caused from the work according to State and local regulations. Contractor shall make arrangements for disposing of these materials outside the project site and shall pay all costs involved. Arrangements shall include, but not be limited to, entering into agreements with property owners and obtaining necessary permits, licenses, and environmental clearances. C. Repair all scars, ruts or other marks in the ground caused by the work. PLANT ESTABLISHMENT 32 98 00 Page 16 of 18 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April14, 2016 D. Upon completion of the work, smooth all ground surfaces, remove excess dirt, materials, rubbish and debris according to State and local regulations to an offsite location or as directed by the Engineer. Remove construction equipment from the premises. 3.12 SITE OBSERVATION BEFORE FINAL PROJECT ACCEPTANCE A. Corrective actions shall be in strict conformance with the Drawings and these Specifications and according to the directions from the Engineer, and shall be completed at the Contractor's expense. B. The Engineer will perform monthly progress observations of the work and construction operations on completion of installation stages. The Engineer and the Contractor shall be agree upon the installation stages for this Specification before starting work and be present on mutually agreed-on dates for the observations for each stage. C. If, after an observation, the Engineer is satisfied with the construction to date and its conformance to the Drawings and the Specifications, the Engineer will provide written notice of provisional acceptance for that construction stage. D. If, after an observation, the Engineer is dissatisfied with the construction to date and its conformance to the Drawings and the Specifications, the Engineer will prepare a written punch list of necessary corrective action on defective work for that construction stage. All corrections must be completed and will be re-o bserved by the Engineer within 1 0 working days from the date of the initial observation. E. Project observations shall not occur until all punch list items from previous observations are corrected. Failure to correct problems in the time specified by the Engineer may result in a delay of payment for the said tasks until the items in question are remedied per the Engineer's direction. F. The Contractor shall be charged for any additional construction observations and verification of punch list items required from the Engineer for unscheduled and necessary re-observation of the work due to unsatisfactory or incomplete work addressing previous punch list items. 3.13 FINAL PROJECT ACCEPTANCE A. At completion of the Plant Establishment Period, schedule a Final Project Acceptance observation with the Engineer. Provide 10 working days of advance written notice for the requested date. B. The Engineer, Contractor, and others deemed necessary by the Engineer may be present at the Final Project Acceptance observation. C. Before requesting Final Project Acceptance observation, all plant establishment work shall be completed. PLANT ESTABLISHMENT 32 98 00 Page 17 of 18 Agua Hedionda Creek Streambank Restoration Project City of Carlsbad Project No. 6618 April 14, 2016 D. If during the Final Project Acceptance observation the Engineer is of opinion that plant establishment work has been completed in accordance with the Drawings and Specifications, the Engineer shall provide written notice of Contractor release from the project. Substantial completion of the work includes meeting the performance standards as stated herein. E. If during the Final Project Acceptance observation the Engineer is of opinion that plant establishment has not been substantially completed in accordance in accordance with the Drawings and Specifications, the Engineer will prepare a written punch list of necessary corrective actions addressing defective work. Corrective actions to meet performance standards may include, but are not limited to, additional non-native invasive/exotic species control, additional planting and/or additional seeding, All corrections must be completed by the Contractor and re-observed by the Engineer within 10 working days from the date of the initial Final Project Acceptance observation. Written notice of Contractor release from the project shall not be issued until all corrective actions have been addressed by the Contractor. F. Corrective actions shall be in strict conformance with the Drawings and Specifications and shall be completed at the Contractor's expense. END OF SECTION 32 98 00 This space has been intentionally left blank. PLANT ESTABLISHMENT 32 98 00 Page 18 of 18 APPENDIX "A" Door Hanger CITY OF CARLSBAD Agua Hedionda Creek Streambank Restoration Project ABC CONTRACTORS OFFICE# (760)XXX-XXXX FIELD# (760)XXX-XXXX Dear Resident: The City of Carlsbad will be performing a streambank restoration and habitat enhancement project along Agua Hedionda Creek. Due to on-site constraints, the Contractor will be staging the construction activities on College Blvd. No work is proposed within your neighborhood. The purpose of this notification is to make you aware of the construction activities ABC is the Contractor that will be performing the construction for the city and you may call them at the above phone number if you have any questions regarding the project. If you have any concerns which cannot be addressed by the Contractor, you may call the City's Project Inspector@ (xxx) xxx-xxxx. Construction Updates will be available on the City of Carlsbad web site at www.carlsbadca.gov. Thank you for your cooperation as we work to make a better City of Carlsbad. Contractor to provide a map of the project on the back of the doorhanger/pocket card indicating the days when sections will be removed and replaced. {'\ •fi Revised 8/1 0/1 0 CONTRACT NO. 6618 Page 130 of 136 APPENDIX "B" Department of the Army Nationwide Permit Verification SPL-2015-00840-WSZ 1"\ .._.., Revised 8/1 0/1 0 CONTRACT NO. 6618 Page 131 of 136 DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, U.S. ARMY CORPS OF ENGINEERS 5900 LA PLACE COURT, SUITE 100 Sherri Howard ·City of Carlsbad 1635 Faraday Ave Carlsbad, California 92008 CARLSBAD, CALIFORNIA 92008 December 7, 2015 DEPARTMENT OF THE ARMY NATIONWIDE PERMIT VERIFICATION Dear Ms. Howard: I am responding to your request (SPL-20 15-00840-WSZ) for a Department of the Army (DA) permit for your proposed project, Sunny Creek Streambank Restoration Project. The proposed project is located at 5855 Sunny Creek Road, Carlsbad, San Diego County, California. Because this project would result in a discharge of dredged and/or fill material into waters of the United States a Department of the Army permit is required pursuant to Section 404 of the Clean Water Act (33 USC 1344; 33 CFR parts § 323 and 330). I have determined construction of your proposed project, if constructed as described in your application, would comply with Nationwide Permit (NWP) 13, Bank Stabilization. Specifically, and as shown in the enclosed figures, you are authorized to: 1. Permanently discharge approximately 40 cubic yards of 3-foot wide boulders and 81 cubic yards of soil for the construction of bioengineered crib walls as bank stabilization . along the west side of Agua Hedionda Creek. 2. Permanently impact approximately 0.001 acre of alkali marsh, 0.022 acre (126linear feet) of non-vegetated channel (open water), and 0.015 acre (26linear feet) of non- vegetated channel (riprap lined channel). 3. Temporarily impact 0.001 acre (8 linear feet) of non-vegetated channel (open water) to access the project site. For this NWP verification letter to be valid, you must comply with all of the terms and conditions in Enclosure 1. Furthermore, you must comply with the non-discretionary Special Conditions listed below: Pre-Construction: 1. Prior to initiating construction in waters of the U.S., the Permittee shall submit to the Corps Regulatory Division a complete set of final detailed grading/construction plans showing all work and structures in waters of the U.S. All plans shall be in compliance with -2- the Final Map and Drawing Standards for the South Pacific Division Regulatory Program dated August 6, 2012 (http:/ /www.spd. usace.anny.mil/Portals/13/docs/regulatory/standards/map.pdf). All plan sheets shall be signed, dated, and submitted on paper no larger than 1lx 17 inches. No work in waters of the U.S. is authorized until the Permittee receives, in writing (by letter ore- mail), Corps Regulatory Division approval of the final detailed grading/construction plans. The Permittee shall ensure that the project is built in accordance with the Corps-approved plans. 2. Prior to initiating work within waters of the U.S., the Permittee shall clearly mark the limits of the workspace with flagging or similar means to ensure mechanized equipment does not enter waters of the U.S. and riparian wetland/habitat areas outside of the project area shown on Enclosure 2. Adverse impacts to waters of the U.S. beyond the Corps- approved construction footprint are not authorized. Such impacts could result in permit suspension and revocation, administrative, civil or criminal penalties, and/or substantial, additional, compensatory mitigation requirements. 3. Prior to initiating construction in waters of the U.S., the Permittee shall provide written notification to the Corps Regulatory Division. The notification shall include the following: a. Corps File Number (SPL-2015-00840-WSZ); b. Name of company performing the work and on-site point of contact and their contact information; c. Size and type of equipment performing the work; and d. Schedule for beginning and ending the project. Water Quality: 4. This permit is contingent upon the issuance of a section 401 Water Quality Certification (WQC). The Permittee shall abide by the terms and conditions of the Clean Water Act section 401 WQC. The Permittee shall submit the section 401 WQC to the Corps Regulatory Division (preferably via email) within two weeks of receipt from the issuing state agency. The Permittee shall not proceed with construction until receiving an e-mail or other written notification from Corps Regulatory Division acknowledging the section 401 WQC has been received, reviewed, and determined to be acceptable. If the RWQCB fails to act on a valid request for certification within two months after receipt of a complete application, please notify the Corps so we may consider whether a waiver of water quality certification has been obtained. - 3 - Post-Construction: 5. No later than one month following completion of authorized work in waters of the U.S., the Permittee shall ensure all sites within waters of the U.S. subject to authorized, temporary impacts are restored to pre-project alignments, elevation contours, and conditions to the maximum extent practicable to ensure expeditious resumption of aquatic resource functions. No later than 45 calendar days following completion of authorized work in waters of the U.S., the Permittee shall submit a memorandum documenting compliance with this special condition. 6. Within 45 calendar days of completion of authorized work in waters of the U.S., the Permittee shall submit to the Corps Regulatory Division a post-project implementation memorandum including the following information: A) Date(s) work within waters of the U.S. was initiated and completed; B) Summary of compliance status with each special condition of this permit (including any noncompliance that previously occurred or is currently occurring and cmrective actions taken or proposed to achieve compliance); C) Color photographs (including map of photopoints) taken at the project site before and after construction for those aspects directly associated with permanent impacts to waters of the U.S. such that the extent of authorized fills can be verified; D) One copy of "as built" drawings for the entire project. Electronic submittal (Adobe PDF format) is preferred. All sheets must be signed, dated, and to-scale. If submitting paper copies, sheets must be no larger than 11 x 17 inches; and E) Signed Certification of Compliance (attached as part of this permit package). This verification is valid through March 18, 2017. If on March 18, 2017 you have commenced or are under contract to commence the permitted activity you will have an additional twelve (12) months to complete the activity under the present NWP terms and conditions. However, if I discover noncompliance or unauthorized activities associated with the permitted activity I may request the use of discretionary authority in accordance with procedures in 33 CFR § 330.4(e) and 33 CFR § 330.5( c) or (d) to modify, suspend, or revoke this specific verification at an earlier date. Additionally, at the national level the Chief of Engineers, any time prior to March 18, 2017, may choose to modify, suspend, or revoke the nationwide use of a NWP after following procedures set forth in 33 CFR § 330.5. It is incumbent upon you to comply with all of the terms and conditions of this NWP verification and to remain informed of any change to the NWPs. A NWP does not grant any property rights or exClusive privileges. Additionally, it does not authorize any injury to the property, rights of others, nor does it authorize interference with any existing or proposed Federal project. Furthermore, it does not obviate the need to obtain other Federal, state, or local authorizations required by law. -4- Thank you for participating in the regulatory program. If you have any questions, please contact Winston Zack at 760-602-4838 or via e-mail at Winston.S.Zack@usace.army.mil. Please help me to evaluate and improve the regulatory experience for others by completing the customer survey form at http:/ /corpsmapu. usace.army.miV em_ apex/f?p=regulatory _survey. Enclosures Sincerely, Meris Guerrero Acting Team Lead South Coast Branch, Regulatory Division ENCLOSURE 1: NATIONWIDE PERMIT NUMBER (NWP) 13, BANK STABILIZATION, TERMS AND CONDITIONS 1. NWP 13, Bank Stabilization, Terms: Your activity is authorized under NWP 13, Bank Stabilization, subject to the following terms: 13. Bank Stabilization. Bank stabilization activities necessary for erosion prevention, provided the activity meets all of the following criteria: (a) No material is placed in excess of the minimum needed for erosion protection; (b) The activity is no more than 500 feet in length along the bank, unless the district engineer waives this criterion by making a written determination concluding that the discharge will result in minimal adverse effects; (c) The activity will not exceed an average of one cubic yard per running foot placed along the bank below the plane of the ordinary high water mark or the high tide line, unless the district engineer waives this criterion by making a written determination concluding that the discharge will result in minimal adverse effects; (d) The activity does not involve discharges of dredged or fill material into special aquatic sites, unless the district engineer waives this criterion by making a written determination concluding that the discharge will result in minimal adverse effects; (e) No material is of a type, or is placed in any location, or in any manner, that will impair surface water flow into or out of any waters of the United States; (f) No material is placed in a manner that will be eroded by normal or expected high flows (properly anchored trees and treetops may be used in low energy areas); and, (g) The activity is not a stream channelization activity. This NWP also authorizes temporary structures, fills, and work necessary to construct the bank stabilization activity. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations.· The areas affected by temporary fills must be revegetated, as appropriate. Invasive plant species shall not be used for bioengineering or vegetative bank stabilization. Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity if the bank stabilization activity: (1) involves discharges into special aquatic sites; or (2) is in excess of 500 feet in length; or (3) will involve the discharge of greater than an average of one cubic yard per running foot along the bank below the plane of the ordinary high water mark or the high tide line. (See general condition 31.) (Sections 10 and 404) 2. Nationwide Permit General Conditions: The following general conditions must be followed in order for any authorization by an NWP to be valid: 1. 1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation. (b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters ofthe United States. (c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. All permanent and temporary crossings ofwaterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. 3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized. 4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27. 6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act). 7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. 8. Adverse Effects From Impoundments. lfthe activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable. 9. Management of Water Flows. To the maximum extent practicable, the pre-construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization and storm water management activities, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre-construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities). 10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-approved state or local floodplain management requirements. 11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. 12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods oflow-flow or no-flow. 13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The affected areas must be revegetated, as appropriate. 14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity-specific conditions added by the district engineer to an NWP authorization. 15. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project. 16. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). 17. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 18. Endangered Species. (a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which "may affect" a listed species or critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed. (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will review the documentation and determine whether it is sufficient to address ESA compliance for the NWP activity, or whether additional ESA consultation is necessary. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally-listed endangered or threatened species or designated critical habitat, the pre-construction notification must include the name(s) of the endangered or threatened species that might be affected by the proposed work or that utilize the designated critical habitat that might be affected by the proposed work. The district engineer will determine whether the proposed activity "may affect" or will have "no effect" to listed species and designated critical habitat and will notify the non-Federal applicant of the Corps' determination within 4 5 days of receipt of a complete pre-construction notification. In cases where the non-Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the project, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification the proposed activities will have "no effect" on listed species or critical habitat, or until Section 7 consultation has been completed. lfthe non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species-specific regional endangered species conditions to the NWPs. (e) Authorization of an activity by a NWP does not authorize the ''take" of a threatened or endangered species as defmed under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the U.S. FWS or the NMFS, The Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word "harm" in the definition of "take" means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. (f) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the U.S. FWS and NMFS or their world wide web pages at http://www.fws.gov/ or http://wvvw.fws.gov/ipac and http://www.noaa.gov/fisheries.html respectively. 19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for obtaining any ''take" permits required under the U.S. Fish and Wildlife Service's regulations governing compliance with the Migratory Bird Treaty Act or the Bald and Golden Eagle Protection Act. The permittee should contact the appropriate local office of the U.S. Fish and Wildlife Service to determine if such ''take" permits are required for a particular activity. 20. Historic Properties. (a) In cases where the district engineer determines that the activity may affect properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHP A) have been satisfied. (b) Federal permittees should follow their own procedures for complying with the requirements of Section 106 of the National Historic Preservation Act. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will review the documentation and determine whether it is sufficient to address section 106 compliance for the NWP activity, or whether additional section 106 consultation is necessary. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if the authorized activity may have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre-construction notification must state which historic properties may be affected by the proposed work or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of or potential for the presence of historic resources can be sought from the State Historic Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre-construction notifications, district engineers will comply with the current procedures for addressing the requirements of Section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted and these efforts, the district engineer shall determine whether the proposed activity has the potential to cause an effect on the historic properties. Where the non-Federal applicant has identified historic properties on which the activity may have the potential to cause effects and so notified the Corps, the non-Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects or that consultation under Section 106 of the NHP A has been completed. (d) The district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether NHP A Section 1 06 consultation is required. Section 106 consultation is not required when the Corps determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR §800.3(a)). IfNHPA section 106 consultation is required and will occur, the district engineer will notify the non-Federal applicant that he or she cannot begin work until Section 106 consultation is completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (e) Prospective permittees should be aware that section 110k of the NHPA (16 U.S.C. 470h-2(k)) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of Section 106 of the NHP A, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such· assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the circumstances, the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21. Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately notify the district engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 22. Designated Critical Resource Waters. Critical resource waters include NOAA-managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may designate, after notice and opportunity for public comment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment (a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38, notification is required in accordance with general condition 31, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 23. Mitigation. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that adverse effects on the aquatic environment are minimal: (a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource losses) will be required to the extent necessary to ensure that the adverse effects to the aquatic environment are minimal. (c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that exceed 1/10-acre and require pre-construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse effects of the proposed activity are minimal, and provides a project-specific waiver of this requirement. For wetland losses of 1110-acre or less that require pre-construction notification, the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in minimal adverse effects on the aquatic environment. Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332. . (1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in minimal adverse effects on the aquatic environment. (2) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, wetland restoration should be the first compensatory mitigation option considered. (3) If permittee-responsible mitigation is the proposed option, the prospective permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request, but a fmal mitigation plan that addresses the applicable requirements of33 CFR 332.4(c)(2)-(14) must be approved by the district engineer before the permittee begins work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)). ( 4) If mitigation bank or in-lieu fee program credits are the proposed option, the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided. (5) Compensatory mitigation requirements (e.g., resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan. (d) For losses of streams or other open waters that require pre-construction notification, the district engineer may require compensatory mitigation, such as stream rehabilitation, enhancement, or preservation, to ensure that the activity results in minimal adverse effects on the aquatic environment. (e) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2-acre, it cannot be used to authorize any project resulting in the loss of greater than 1/2-acre of waters of the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that a project already meeting the established acreage limits also satisfies the minimal impact requirement associated with the NWPs. (f) Compensatory mitigation plans for projects in or near streams or other open waters will normally include a requirement for the restoration or establishment, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, riparian areas may be the only compensatory mitigation required. Riparian areas should consist of native species. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to establish a riparian area on both sides of a stream, or if the water body is a lake or coastal waters, then restoring or establishing a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of compensatory mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. (g) Permittees may propose the use of mitigation banks, in-lieu fee programs, or separate permittee- responsible mitigation. For activities resulting in the loss of marine or estuarine resources, permittee- responsible compensatory mitigation may be environmentally preferable if there are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee-responsible mitigation, the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project, and, ifrequired, its long-term management. (h) Where certain functions and services ofwaters of the United States are permanently adversely affected, such as the conversion of a forested or scrub-shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse effects of the project to the minimal level. 24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed, the district engineer may require non-Federal applicants to demonstrate that the structures comply with established state dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety. 25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously certified compliance of an NWP with CWA Section 401, individual401 Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 27. Regional and Case-By-Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination. 28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3-acre. 29. Transfer ofNationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature: "When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below." (Transferee) (Date) 30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and any required compensatory mitigation. The success of any required permittee-responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include: (a) A statement that the authorized work was done in accordance with the NWP authorization, including any general, regional, or activity-specific conditions; (b) A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(1)(3) to confirm that the permittee secured the appropriate number and resource type of credits; and (c) The signature of the permittee certifying the completion of the work and mitigation. 31. Pre-Construction Notification. (a) Timing. Where required by the terms of the NWP, the prospective permittee must notify the district engineer by submitting a pre-construction notification (PCN) as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete. The request must specify the information needed to make the PCN complete. As a general rule, district engineers will request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either: (1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or (2) 45 calendar days have passed from the district engineer's receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or in the vicinity of the project, or to notify the Corps pursuant to general condition.20 that the activity may have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that there is "no effect" on listed species or "no potential to cause effects" on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or Section 106 ofthe National Historic Preservation (see 33 CFR 330.4(g)) has been completed. Also, work cannot begin under NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. If the proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee may not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Pre-Construction Notification: The PCN must be in writing and include the following information: · (1) Name, address and telephone numbers ofthe prospective permittee; (2) Location of the proposed project; (3) A description of the proposed project; the project's purpose; direct and indirect adverse environmental effects the project would cause, including the anticipated amount of loss of water of the United States expected to result from the NWP activity, in acres, linear feet, or other appropriate unit of measure; any other NWP( s ), regional general permit( s ), or individual permit( s) used or intended to be used to authorize any part of the proposed project or any related activity. The description should be sufficiently detailed to allow the district engineer to determine that the adverse effects of the project will be minimal and to determine the need for compensatory mitigation. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the project and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans); ( 4) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the-project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many waters of the United States. Furthermore, the 45 day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate; (5) If the proposed activity will result in the loss of greater than 1110-acre of wetlands and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied, or explaining why the adverse effects are minimal and why compensatory mitigation should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan. (6) If any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat, for non-Federal applicants the PCN must include the name(s) of those endangered or threatened species that might be affected by the proposed work or utilize the designated critical habitat that may be affected by the proposed work. Federal applicants must provide documentation demonstrating compliance with the Endangered Species Act; and (7) For an activity that may affect a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, for non-Federal applicants the PCN must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property. Federal applicants must provide documentation demonstrating compliance with Section 106 of the National Historic Preservation Act. (c) Form of Pre-Construction Notification: The standard individual permit application form (Form ENG 4345) may be used, but the completed application form must clearly indicate that it is a PCN and must include all of the information required in paragraphs (b )(1) through (7) of this general condition. A letter containing the required information may also be used. (d) Agency Coordination: (1) The district engineer will consider any comments from Federal and state agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the project's adverse environmental effects to a minimal level. (2) For all NWP activities that require pre-construction notification and result in the loss of greater than 1/2-acre of waters of the United States, for NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require pre-construction notification and will result in the loss of greater than 300 linear feet of intermittent and ephemeral stream bed, and for all NWP 48 activities that require pre- construction notification, the district engineer will immediately provide (e.g., via e-mail, facsimile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices (U.S. FWS, state natural resource or water quality agency, EPA, State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Office (THPO), and, if appropriate, the NMFS). With the exception ofNWP 37, these agencies will have 10 calendar days from the date the material is transmitted to telephone or fax the district engineer notice that they intend to provide substantive, site-specific comments. The comments must explain why the agency believes the adverse effects will be more than minimal. If so contacted by an agency, the district engineer will wait an additional 15 calendar days before making a decision on the pre-construction notification. The district engineer will fully consider agency comments received within the specified time frame concerning the proposed activity's compliance with the terms and conditions of the NWPs, including the need for mitigation to ensure the net adverse environmental effects to the aquatic environment of the proposed activity are minimal. The district engineer will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre-construction notification that the resource agencies' concerns were considered. For NWP 3 7, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 3 7 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5. (3) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by Section 305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and Management Act. (4) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre-construction notifications to expedite agency coordination. 3. Regional Conditions for the Los Angeles District: In accordance with General Condition Number 27, "Regional and Case-by-Case Conditions," the following Regional Conditions, as added by the Division Engineer, must be met in order for an authorization by any Nationwide to be valid: 1. For all activities in waters of the U.S. that are suitable habitat for federally listed fish species, the permittee shall design all road crossings to ensure that the passage and/or spawning of fish is not hindered. In these areas, the permittee shall employ bridge designs that span the stream or river, including pier-or pile-supported spans, or designs that use. a bottomless arch culvert with a natural stream bed, unless determined to be impracticable by the Corps. 2. Nationwide Permits (NWP) 3, 7, 12-15, 17-19, 21, 23, 25, 29, 35, 36, or 39-46,48-52 cannot be used to authorize structures, work, and/or the discharge of dredged or fill material that would result in the "loss" of wetlands, mudflats, vegetated shallows or riffle and pool complexes as defined at 40 CFR Part 230.40-45. The definition of "loss" for this regional condition is the same as the definition of "loss of waters of the United States" used for the Nationwide Permit Program. Furthermore, this regional condition applies only within the State of Arizona and within the Mojave and Sonoran (Colorado) desert regions of California. The desert regions in California are limited to four USGS Hydrologic Unit Code (HUC) accounting units (Lower Colorado -150301, Northern Mojave-180902, Southern Mojave- 181001, and Salton Sea-181002). 3. When a pre-construction notification (PCN) is required, the appropriate U.S. Army Corps of Engineers (Corps) District shall be notified in accordance with General Condition 31 using either the South Pacific Division PCN Checklist or a signed application form (ENG Form 4345) with an attachment providing information on compliance with all of the General and Regional Conditions. The PCN Checklist and application form are available at: http://www.spl.usace.army.mil/missions/regulatory. In addition, the PCN shall include: a. A written statement describing how the activity has been designed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States; b. Drawings, including plan and cross-section views, clearly depicting the location, size and dimensions of the proposed activity as well as the location of delineated waters of the U.S. on the site. The drawings shall contain a title block, legend and scale, amount (in cubic yards) and area (in acres) of fill in Corps jurisdiction, including both permanent and temporary fills/structures. The ordinary high water mark or, if tidal waters, the mean high water mark and high tide line, should be shown (in feet), based on National Geodetic Vertical Datum (NGVD) or other appropriate referenced elevation. All drawings for projects located within the boundaries of the Los Angeles District shall comply with the most current version of the Map and Drawing Standards for the Los Angeles District Regulatory Division (available on the Los Angeles District Regulatory Division website at: www.spl.usace.army.mil/missionslregulatoryQ; and c. Numbered and dated pre-project color photographs showing a representative sample of waters proposed to be impacted on the project site, and all waters proposed to be avoided on and immediately adjacent to the project site. The compass angle and position of each photograph shall be documented on the plan-view drawing required in subpart b of this regional condition. 4. Submission of a PCN pursuant to General Condition 31 and Regional Condition 3 shall be required for all regulated activities in the following locations: a. All perennial waterbodies and special aquatic sites within the State of Arizona and within the Mojave and Sonoran (Colorado) desert regions of California, excluding the Colorado River in Arizona from Davis Dam to River Mile 261 (northern boundary of the Fort Mojave Indian Tribe Reservation). The desert region in California is limited to four USGS HUC accounting units (Lower Colorado -150301, Northern Mojave-180902, Southern Mojave-181001, and Salton Sea-181002). b. All areas designated as Essential Fish Habitat (EFH) by the Pacific Fishery Management Council (i.e., all tidally influenced areas-Federal Register dated March 12, 2007 (72 FR 11092)), in which case the PCN shall include an EFH assessment and extent of proposed impacts to EFH. Examples of EFH habitat assessments can be found at: http://www.swr.noaa.gov/efh.htm. c. All watersheds in the Santa Monica Mountains in Los Angeles and Ventura counties bounded by Calleguas Creek on the west, by Highway 101 on the north and east, and by Sunset Boulevard and Pacific Ocean on the south. d. The Santa Clara River watershed in Los Angeles and Ventura counties, including but not limited to Aliso Canyon, Agua Dulce Canyon, Sand Canyon, Bouquet Canyon, Mint Canyon, South Fork of the Santa Clara River, San Francisquito Canyon, Castaic Creek, Piru Creek, Sespe Creek and the main-stem of the Santa Clara River. 5. Individual Permits shall be required for all discharges of fill material in jurisdictional vernal pools, with the exception that discharges for the purpose of restoration, enhancement, management or scientific study of vernal pools may be authorized under NWPs 5, 6, and 27 with the submission of a PCN in accordance with General Condition 31 and Regional Condition 3. 6. Individual Permits shall be required in Murrieta Creek and Temecula Creek watersheds in Riverside County for new permanent fills in perennial and intermittent watercourses otherwise authorized under NWPs 29, 39,42 and 43, and in ephemeral watercourses for these NWPs for projects that impact greater than 0.1 acre ofwaters of the United States. In addition, when NWP 14 is used in conjunetion with residential, commercial, or industrial developments the 0.1 acre limit would also apply. 7. Individual Permits (Standard Individual Permit or 404 Letter of Permission) shall be required in San Luis Obispo Creek and Santa Rosa Creek in San Luis Obispo County for bank stabilization projects, and in Gaviota Creek, Mission Creek and Carpinteria Creek in Santa Barbara County for bank stabilization projects and grade control structures. 8. In conjunction with the Los Angeles District's Special Area Management Plans (SAMPs) for the San Diego Creek Watershed and San Juan Creek/Western San Mateo Creek Watersheds in Orange County, California, the Corps' Division Engineer, through his discretionary authority has revoked the use of the following 26 selected NWPs within these SAMP watersheds: 03, 07, 12, 13, 14, 16, 17, 18, 19, 21, 25, 27, 29, 31, 33, 39, 40, 41, 42, 43, 44, 46, 49, and 50. Consequently, these NWPs are no longer available in those watersheds to authorize impacts to waters of the United States from discharges of dredged or fill material under the Corps' Clean Water Act section 404 authority. 9. Any requests to waive the 300 linear foot limitation for intermittent and ephemeral streams for NWPs 29, 39, 40 and 42, 43, 44, 51 and 52 or to waive the 500 linear foot limitation along the bank for NWP 13, must include the following: a. A narrative description ofthe stream. This should include known information on: volume and duration of flow; the approximate length, width, and depth ofthe waterbody and characters observed associated with an Ordinary High Water Mark (e.g. bed and bank, wrack line, or scour marks); a description of the adjacent vegetation community and a statement regarding the wetland status of the associated vegetation community (i.e. wetland, non-wetland); surrounding land use; water quality; issues related to cumulative impacts in the watershed, and; any other relevant information. b. An analysis of the proposed impacts to the waterbody in accordance with General Condition 31 and Regional Condition 3; c. Measures taken to avoid and minimize losses, including other methods of constructing the proposed project; and d. A compensatory mitigation plan describing how the unavoidable losses are proposed to be compensated, in accordance with 33 CFR Part 332. 10. The permittee shall complete the construction of any compensatory mitigation required by special condition(s) of the NWP verification before or concurrent with commencement of construction of the authorized activity, except when specifically determined to be impracticable by the Corps. When mitigation involves use of a mitigation bank or in-lieu fee program, the permittee shall submit proof of payment to the Corps prior to commencement of construction of the authorized activity. 4. Further information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: (X) Section 404 of the Clean Water Act (33 U.S.C. 1344). 2. Limits ofthis authorization. (a) This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. (b) This permit does not grant any property rights or exclusive privileges. (c) This permit does not authorize any injury to the property or rights of others. (d) This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: (a) Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. (b) Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. (c) Damages to persons, pr9perty, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. (d) Design or construction deficiencies associated with the permitted work. (e) Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: (a) You fail to comply with the terms and conditions ofthis permit. (b) The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). (c) Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 330.5 or enforcement procedures such as those contained in 33 CFR326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measure ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. This letter of verification is valid for a period not to exceed two years unless the nationwide permit is modified, reissued, revoked, or expires before that time. 7. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition H below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 8. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished with the terms and conditions of your permit. Waters of the U.S. and State IZ:J Permanent (0.057 Acre) -Open Water/Stream Channel Temporary (0.030 Acre) Riprap-Lined Channel C Survery Area Alkali Marsh Source: ESR 2014; BING 2014 Waters of the State -Coast Live Oak Woodland 1-] S?ut~ern Cottonwood-Willow ·----Rtparran Forest ~ 2!5 !!!!!!!!1!12iii.5iiiiiiiiiiiiiilo!!!!!!!!!!!!!!!!!!!!!!25 Feet ~ Scale: 1:300; 1 inch= 25 feet Agua Hedionda Sunny Creek Jurisdictional Delineation Map Impacts City of Carlsbad Sunny Creek Road Erosion Repair Project Jurisdictional Delineation Poth: P:I61JJJI6QJJ50JB _Foro/CtDroin1900-C~G/S19]0 GJS>9]J _Maps\Foro/Crnk _JD _Jmpactunrd, JOIJ()!]0/5, sor•nstnj Balance Hydrologies, Inc. 2151'11 Coman Gradlng.dwg \ PLAN 1"= 10' 105,-----1. •• /SL----------------L---------------~------------~~ O+Ol Of.\0 0+20 0+30 / SCALE: 1" = ;9" SECTION 1" = 5' REVEGETATION LEGEND "' CUTTINGS (:::::::::::::] CONTAINER PLANTS & SEEDING NOTE: REFER TO REVEGETATION --PLANT LIST. SEED MIX. AND NOTES ON SHEET 2 = t lfiWIIIIIIIIM' l'!ZW''M'WJ' 1 1 • Bank and Channel Stabilization, Agua Hedlonda Creek, Coman properly, City of Carlsbad, California DUDEK PRELIMINARY CONCEPT ONLY -NOT FOR CONSTRUCTION THESE PLANS ARE PREPARED TO COMMUNICATE PRELIMINARY CONCEPTS FOR BlOTECHNICAL TREA lMENTS FOR EROSION CONTROL SHEET 1 October 7. 2015 02015 Balanca Hydrologk:s.lnc. LOS ANGELES DISTRICT U.S. ARMY CORPS OF ENGINEERS CERTIFICATE OF COMPLIANCE WITH DEPARTMENT OF THE ARMY NATIONWIDE PERMIT Permit Number: SPL-2015-00840-WSZ Name of Permittee: Sherri Howard, City ofCarlsbad Date of Issuance: December 7, 2015 Upon completion of the activity authorized by this permit and the mitigation required by this permit, sign this certificate, and return it by ONE ofthe following methods; 1) Email a digital scan of the signed certificate to Winston.S.Zack@usace.army.mil OR 2) Mail the signed certificate to U.S. Army Corps of Engineers ATTN: Regulatory Division SPL-20 15-00840-WSZ 5900 LA PLACE COURT, SUITE 100 CARLSBAD, CALIFORNIA 92008 I hereby certify that the authorized work and any required compensatory mitigation has been completed in accordance with the NWP authorization, including all general, regional, or activity- specific conditions. Furthermore, if credits from a mitigation bank or in-lieu fee program were used to satisfy compensatory mitigation requirements I have attached the documentation required by 33 CFR 332.3(1)(3) to confirm that the appropriate number and resource type of credits have been secured. Signature of Permittee Date APPENDIX "C" CA Department of Fish and Wildlife Notification of Lake or Streambed Alteration No. 1600- 2015-0238-RS l' • ., Revised 8/1 0/1 0 CONTRACT NO. 6618 Page 132 of 136 State of California -Natural Resources Agency DEPARTMENT OF FISH AND WILDLIFE South Coast Region 3883 Ruffin Road San Diego, California 92024 (858) 467-4201 www.wildlife.ca.gov January 20, 2016 Sherri Howard City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 EDMUND G. BROWN, Jr .. Governor ~ CHARLTON H. BONHAM, Director • RECEIVED JAN 2 5 Z015 PUBLIC WORKS Subject: Notification of Lake or Streambed Alteration No. 1600-2015-0238-R5 SUNNY CREEK STREAMBANK RESTORATION PROJECT impacting Agua Hedionda Creek, tributary to Agua Hedionda Lagoon Dear Ms. Howard: As the California Department of Fish and Wildlife (Department) explained in a previous letter to you dated November 20, 2015, the Department had until January 13, 2016, to submit a draft Lake or Streambed Alteration Agreement (Agreement) to you or inform you that an Agreement is not required. The Department did not meet that date. As a result, by law, you may now complete the project described in your notification without an Agreement. Please note that pursuant to Fish and Game Code section 1602(a)(4)(D), if you proceed with this project, it must be the same as described and conducted in the same manner as specified in the notification and any modifications to that notification received by the Department in writing prior to January 13, 2016. This includes completing the project within the proposed term and seasonal work period and implementing all avoidance and mitigation measures to protect fish and wildlife resources specified in the notification. If the term proposed in your notification has expired, you will need to re-notify the Department before you may begin your project. Beginning or completing a project that differs in any way from the one described in the notification may constitute a violation of Fish and Game Code section 1602. Also note that while you are entitled to complete the project without an Agreement, you are still responsible for complying with other applicable local, state, and federal laws. These include, but are not limited to, the state and federal Endang~red Species Acts and Fish and Game Code sections 5650 (water pollution) and 5901 (fish passage). Finally, if you decide to proceed with your project without an Agreement, you must have a copy of this letter and your notification with all attachments available at all times at the work site. If you have any questions regarding this matter, please contact me at (858) 467-4223 or kevin.hupf@wildlife.ca.gov. Si.nce~:l~y--. :-: . . ::7 . /.-;/ /7 /7-. -·/ / v Kevin Hupf Environmental Scientist Conserving Ca(ijornia 's Wifd(ije Since 18 70 APPENDIX "D" California Water Boards Notice of Applicability, Clean Water Act Section 401 General Water Quality Certification for Small Habitat Restoration Projects (File No. SB09016GN) •"\ f.., Revised 8/10/1 0 CONTRACT NO. 6618 Page 133 of 136 San Diego Regional Water Quality Control Board January 27, 2016 Ms. Sherri Howard City of Carlsbad 1635 Faraday Drive Carlsbad, CA 92008 In reply refer to I attn: R9-2015-0184:819481 :amonji EoMUNO G. BROWN JR. GOVfHNOR Subject: Notice of Applicability, Clean Water Act Section 401 General Water Quality Certification for Small Habitat Restoration Projects, (File No. SB09016GN) Ms. Howard: By application dated November 9, 2015, AECOM, a consultant acting on behalf of the City of Carlsbad (Applicant), submitted a Notice of Intent (NO I) for the Applicant to be enrolled under and comply with the Clean Water Act Section 401 General Water Quality Certification for Small Habftat Restoration Projects (General Certification) for the Sunny Creek Road Stream Bank Restoration Project (Project). The NOI is complete and the Applicant is hereby enrolled as a Discharger under the General Certification and subject to the terms and conditions of the General Certification and this Notice of Applicability (NOA). The General Certification can be accessed electronically at: http://www. waterboards.ca.gov/water issues/programs/cwa401 !generalorders wb.shtml General Order Enrollment Information This NOA is applicable for the Applicant, Project Location, and Project Facility, Enrollment, and Administrative Information summarized in Tables 1 through 4 below. T bl 1 D' h I f a e -1sc arger n ormat1on Applicant City of Carlsbad Name of Project Sunny Creek Road Stream Bank Restoration Project 5855 Sunny Creek Ad Project Location Carlsbad, CA San Diego County HENRY ABAABANEL, PH.D .. CliAIR I DAVID GIBSON, EXECUTIVE OfFI<;EA 2375 Northside Drive. Suite 100. San Diego, California 92108·27W I www.waterbOards.ca.gov/sandiego () AECVCLEP PAPER City of Carlsbad Sunny Creek Rd Restoration R9-2015-0184 - 2 - Table 2 -Discharge Location Discharge Waste Discharge Point Point Description Latitude Agua Soil, Grouted Hedionda Rock, 33.14273926 Creek Vegetation Table 3 -Facility and Enrollment Information WOlD 9000002925 January 27, 2016 Discharge Point Receiving Water Longitude Agua Hedionda -117.27486522 Creek Project Contact, Title and Phone Sherri Howard, Principal Engineer, 760-602-2756 Authorized Person to Sign and Michelle Fehrensen, AECOM Submit Reports Mailing Address 1635 Faraday Ave Billing Address 1635 Faraday Ave Type of Project Stream Bank Stabilization Fee Category Restoration Projects Fee Amount $200.00 Permitted Dredge Volume 109 cubic yards Watershed Carlsbad Hydrologic Unit Receiving Water Agua Hedionda Creek Receiving Water Type Stream Temporary Impacts 0.001 acres, 8 linear feet Per,nanent Impacts 0.038 acres, 152 linear feet Table 4 -Administrative Information This NOA was approved by the San Diego Water Board Staff on: January 27, 2016 This NOA is effective as of: January 27, 2016 PROJECT DESCRIPTION The Applicant's Sunny Creek Road Stream Bank Restoration Project proposes to restore a seCtion of Agua Hedionda Creek by removing existing grouted rip-rap, controlling erosion by reducing incoming storm water flow velocities, replacing the culvert outfall ramp with ungrouted rip-rap, and replanting the stream banks with native riparian habitat. The Project will build one crib wall on the east and two crib walls on the west side of the existing culvert with cut tree logs. To add structural integrity to the stream bank, the crib walls will be built on three foot diameter foundation boulders which will conform to the finished grade. The crib walls will be backfilled with angular rock and soil mix to support riparian plantings at each step. Four oak trees along the stream bank will need to be removed to facilitate the work and the minimum setback from all other trees will be 10 feet. The Applicant will plant new oak trees at a 2:1 for each oak tree removed for this Project. See Enclosure 1 and 2 for the Project location. City of Carlsbad Sunny Creek Ad Restoration R9-2015-0184 -3-January 27, 2016 Existing grouted rip-rap in the culvert will be removed and replaced with a rock lined (ungrouted) ramp with a stilling pool to reduce the velocity and turbulence of the flow before it enters the Agua Hedionda Creek. Existing grouted rip-rap in the Creek will be removed and replaced with two rock lined step pools. The step pools will be contoured with boulder risers and pool bottoms will be restored with streambed material appropriate for Agua Hedionda Creek. Revegetation of the stream banks will occur concurrently with the construction and will include both native container plantings and broadcast seed mix of persistent coastal San Diego native plants that will support bank stabilization and sediment control. See Enclosure 3 for the conceptual design. Project activities will result in temporary impacts to 0.001 acre (8 linear feet) and permanent impacts 0.038 acre (152 linear feet) of streambed waters of the United State and/or State. The Applicant has also applied for a Clean Water Act section 404 permit coverage from the United States Army Corps of Engineers for the Project (USAGE File No. SPL-2015-000840-WJZ) using Nationwide Permit 13, Bank Stabilization. MITIGATION AND MINIMIZATION MEASURES It is not anticipated that the Project will create temporary or permanent impacts of a size, severity, and/or duration that would have a significant adverse impact on beneficial uses of waters of the State. STATEMENT OF CEQA FINDINGS The City of Carlsbad is the Lead Agency for compliance with the California Environmental Quality Act (CEQA; Pub. Resources Code,§ 21000 et seq.) for the Project. The Project conforms to the requirements of CEQA through the Categorical Exemption for Small Habitat Restoration Projects (Section 15333). The San Diego Water Board finds the Project qualifies as a Small Habitat Restoration Project, and that, if implemented as proposed, the conditions in the General Certification and this NOA are adequate to reduce water quality impacts to less than significant levels. ADDITIONAL CONDITIONS 1 . The Applicant must notify the San Diego Water Board in writing at least 5 days prior to the start of Project construction. 2. Restoration Plan Implementation. The Applicant must fully and completely implement the Revegetation and Plant Establishment Plan and Notes, Sheets 1- 2, prepared by Balance Hydrologies, Inc., October 7, 2015 (and any subsequent versions of the Revegetation and Plant Establishment Plan and Notes). Any significant deviations from, or revisions to the plan must be pre-approved by the San Diego Water Board. City of Carlsbad Sunny Creek Rd Restoration R9-2015-0184 - 4 -January 27, 2016 3. Performance Standards. Restoration required under this Certification shall be considered as achieved once it has met the ecological success performance standards contained in the Revegetation and Plant Establishment Plan to the satisfaction of the San Diego Water Board. 4. Waste Management. Except for a discharge permitted under this Certification, the dumping, deposition, or discharge of trash, rubbish, unset cement or asphalt, concrete, grout, damaged concrete or asphalt, concrete or asphalt spoils, wash water, organic or earthen material, steel, sawdust or other construction debris waste from Project activities directly into waters of the United States and or State, or adjacent to such waters in any manner which may permit its being transported into the waters, is prohibited. 5. Post-Construction Discharges. The Applicant shall not allow post-construction discharges from the Project site to cause or contribute to onsite or off-site erosion or damage to properties or stream habitats. 6. Annual Project Progress Reports. The Applicant must submit annual Project progress reports, for a minimum of three years, describing status of BMP implementation and compliance with all requirements of this NOA to the San Diego Water Board. The Annual Project Progress Reports must contain monitoring information sufficient to demonstrate how the Project is progressing towards accomplishing its objectives and meeting its performance standards. Annual Project Progress Reports must include, at a minimum, the following: a) The names, qualifications, and affiliations of the persons contributing to the report; b) The status, progress, and anticipated schedule for completion of Project construction activities including the installation and operational status of best managemen~ practices Project features for erosion and storm water quality treatment; c) A description of Project construction delays encountered or anticipated that may affect the schedule for construction completion; d) A description of each incident of noncompliance during the annual monitoring period and its cause, the period of the noncompliance including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and the steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance; City of Carlsbad Sunny Creek Ad Restoration R9-2015-0184 - 5 -January 27, 2016 e) Monitoring data interpretations and conclusions as to how the project(s) is progressing towards meeting performance standards and whether the performance standards have been met; and f) Stream photo documentation, including all areas of permanent and temporary impact, prior to and after mitigation site construction. Photo documentation must be conducted in accordance with guidelines posted at http://www. waterboards. ca. gov/sandiego/water issues/programs/401 certific ation/docs/StreamPhotoDocSOP.pdf. In addition, photo documentation must include Geographic Positioning System (GPS) coordinates for each of the photo points referenced. 7. Electronic Document Submittal. The Applicant must submit all reports and information required under this Certification in electronic format via e-mail to SanDiego@waterboards.ca.gov. Documents over 50 megabytes will not be accepted via e-mail and must be placed on a disc and delivered to: California Regional Water Quality Control Board San Diego Region Attn: 401 Certification No. R9-2015-0184:819481:amonji 2375 Northside Drive, Suite 1 00 San Diego, California 92108 Each electronic document must be submitted as a single file, in PortableDocumentFormat (PDF) format, and converted to text searchable format using Optical Character Recognition (OCR). All electronic documents must include scanned copies of all signature pages; electronic signatures will not be accepted. Electronic documents submitted to the San Diego Water Board must include the following identification numbers in the header or subject line: Certification No. R9-2015-0184:819481 :amonji. In the subject line of any response, please include the reference number R9-20"15- 0184:819481 :amonji. For questions or comments regarding this Notice of Applicability or the requirements of the General Certification, please contact Alan Monji by email at Alan.Monji@waterboards.ca.gov or by phone at (619) 521-3968. Respectfully, {ft._ 14-r-- Aian Monji Environmental Scientist Enclosures: 1. Sunny Creek Streambank Restoration Project -Regional Map, Figure 1 City of Carlsbad Sunny Creek Rd Restoration R9-2015-0184 - 6 -January 27, 2016 2. Sunny Creek Streambank Restoration Project -Project Location Map, Figure 2 3. Balance Hydrologies Inc., Bank and Stabilization, Agua Hedionda Creek, Coman Property, City of Carlsbad, CA, Sheets 1 and 2, October 7, 2015. cc via email: State Water Resources Control Board Division of Water Quality 401 Water Quality Certification and Wetlands Stateboard401 @waterboards.ca.gov U.S. EPA, OWOW, Region 9 75 Hawthorne St. San Francisco, CA 941 05 R9-WTR8-Mailbox@epa.gov Ms. Michelle Fehrensen AECOM Michelle. Fehrensen@aecom.com Mr. Eric Becker San Diego Water Board Eric. Becker@waterboards.ca.gov Mr. Winston Zack U.S. Army Corps of Engineers Winston.S.Zack@usace.army.mil Tech Staff Info & Use File No. R9-2015-0184 WOlD 9000002925 Reg. Measure ID 403656 Place ID 819481 PartyiD 7836 Person ID 268327 ~ ESR 2014, BING 20t~ Sunny Creek Streambank Restoration Project Pmlr: P. 601J'60JJJOIIJ faro1CtDrauMOO.('AlJ.G/S'910(.j/$1'J11_Mops·lOIJI/I/6 ).Jii'M<IPJ"-l'ITC•.rc &gl.-.rdl.fop m.rd. II f>lOIJ. !<IT<nnn) Figure l Regional Map Sootat ESR 2014. BING 2014 ~ 2,000~~~1,!!1iOOOiiiiiiiiiiiiiiiiiiio~~~~~~2!!,ooo Feet 'f.D Scale 1·24.000, 1 lrCh • 2,000 tetrt Sunny Creek Stream bank Restoration Project l'ntlil; P· 60JJ\60JJJOI& faro/C't/Jrai"\t}(J~"AJ>.GI ~20 GIS.fJJ.J.Map.UOIJ/IIM_LBFMaps\Fif-1 J'rofrCILocoJHJ#o.n<rrl. II 4'201 J. JOnllf«<lJ Figure 2 Project Location PLANT LIST SEED MIX ... -· c AMBROSIA PSILOSTACHYA WESTERN RAGWEED 2.0 ARTEI.IISIA OOUGJ.ASIAN/1. ~Gl.ASOIEGOM~~G,;;WEW"'0:7:R0'i-r,R~T.-----1--·---:'::;0----+---'2.:"0o----~A~R~~f.E~M~ISIA~~i~~MER~I~-----~~~~~~~~~~~-----~--~'~O~--+· 1.0 DtSTICHLIS SP#CJITA COMTAL SALT GRASS 70 ---~----· LEYMUS TRinC/0/0ES WILD RYE 8Q 4.0 JUNCUS BUFONIUS TOAO RUSH 80 3.0 NOTES: SEED MIX SHALL 8E HAND BROADCAST. RAKED INTO THE SOIL, AND COVERED WITH A FINE MULCH SEED TOPPER. All SEED SOURCES NEED TO HAVE COME FROM COAST At SAN DIEGO COUNTY REVEGETATION AND PLANT ESTABLISHMENT NOTES 2. fHE ifVEGElAfiON INTENT IS 10 PROVIOf PERSl5TENT COASIAL SA~ DIEGO COUNTY NAIIVf PL.A.NTS THAT Wt.LSuPPOIH Cf(EEI( IA.""K Sl.A.IIUlAJION ANO.S£0~Hl CON1t0l. YIIITH A/'01 ANCl.LAitY tiA81fAI tlt-Nffll. IN A001'00N. JHE INIENJ fOtt IH!$ fROJfCT IS TO fiAVf HEAliMl AHO VIGOflOU5. PERSCSt!Nf l'lANfS AND SffDfD ARtM AT THE EHO Of THE PlANt ESJAIUSHMEHT PE:RIOO THAT CAN SUii:VlVf WUHOUf NO:R1GAUON Olil: OTJiEA MAINTENANCE ACTtONS. WHEREVEQ POSSIBLE. THESf PlAN11'o1GS AND SUOEO AREAS SHOUlD CON~T Of !HE ORtGINAL MATER\ALS ... SlAU£0. SUE PR:EPARAilON FOR RfVEGt.TATION WILL INCLUDE SOil REHA81li1AllON AND flNE GUO&NG REVEGfTATION WIU INCLUDE BROADCAST Sf£0..G WIIH A NAfiVE $UO MIX, AND JNSTALLAllON Ot' NA!tVE CUrTINGS AND CONTAINEili'LANlS: REfER 10 JHt SEED MIX "NO PLANT liS I SHOWN ON THE PLANS • .&. l'Hf REVEGVAJION W0fil( Wlt.l Bf: CONOUCIID CONCURRENT WITH fHE ENGIN£Ei!NG CONSJA'OC110N FOil SEAMLESS IN$1ALLATION OF lHf B!Or£ChNICAL fifAtMENTS SHOWN ON lHf PLANS AI'IO CROSS-S!CJION . .S. .SEEDING Will BE CONDUCTED BY WAY Of BROAOCAS'I SEEDING. SEEDING Will BE CONDUCT EO BEfORE fNCLOS!NG THI: fABihC ENCAPSULATED SOiljl.f.. SEEO MUST BE IN CONIACl WllH THE SO~ WIIH SEEDING OCCUiiCiiiNG UNDER THE fAiRIC), SEE~ ISfXPECtEO 10 IE CONOUCIEO FRO""' SEPlfMi'U 15 THROUGH OCTOBER 15, AND ;.fTEiil G~ADING ACTIV!TIES.CONfo'\INER PLANT l~STALL,4JION IS £XP£C1EO 10 BE CONDUCTED AFTER SEEDING Ofl'fllAHONS AND !ftWEEN 0Cf06ER 15 AND NOVEM&Eii! I.S. BEFORE A"'Y ItAIM. CUfTINC INSlAt.LATION IS EXPfClfO lO IE CONDUCTED Anfi NOVfMUR 15 AND BEfORE OECEM8£R IS. All CONTAINfR PlANTS AND CUtTINGS WIU !E VfAlfliiEO IMMEOIAffU AflHt INSIALLAnON. 4, THE RfVEGEtAliON WORE: WIU IE SUPPORTED 8'f IRRtGAftOtoi AND WATEfliNG Af'PliCMIONS 10 UTABLIStt HEALTHY AND VIGOROUS PlANTS JHAJ ,o\lil£ NOI IRRfG,o\II()N·OfPENOENT Af fHE END Of IHE PlANT ES1AILISHM1NT PfM:)O. WAf HI Will if APPUfD IN A WA l' TO ALLOW FOR IHf 'WfANiNC Off" 01' f"l.AI•.US. IRRIGATION Will BE CONDUCT EO USINC. A TEMPOI.A.RY MANUAt.LY.()PfRA1E0 0V£RHEAO Sf~AY SPWIN,;tEtt SYSttM. $. lltE EX!SliNC CREEl: WilL &E USED TO SUPPLY lHE WATflii: FOR H-tEIRN:iGATION SYSIEM. A MOBilE EN~E-ORlVEN J'UMP WUliE'USfO O'tAW WAfU FROM lHf CREEK. TO P~VIOE lttE' PEOUIIUDWAfER PRESSURE AND HOW10 ENERGilf THE IRRGAliON SYSTEM. 9. 1HE IRRK#AliON SYSTt.M WILL BE INSTALLED IN SEPTfMBEit. Wlfl1 A fULLY-QI'fRAlJONAl SYSTEM IN t-'LACE JYSEPlfMtiER 30. fHf: ~RKiAOON SEASON lS EXHCI£0 TO BE MARCH 15 JHiOUC.H DfCEM&Efl I.S ANNUAlL 'f. 10. THE llLANT ESfA&LISHMENf PfiOOOWill BEGiN IMMEDiATELY AflfR ACCEPIANCE OF fHt SEEOit4G, PlANfiHC. AND IRRIGATlON SYSTE.M INST,t,U ..... UON. A~O IS EXP£CtEO JO CONIINUE FOR A MINIMUM Of 0 MONIHS. II. PLANI EStABUSHM£N1 Wt.LINClUOf WJo.TEiiNG. ~RGAtiON SYSTEM OPERA TONS ANOMA .. lENANCf. NON ...... AliVE-INVASIVf SPfCif..S CONTROl.. OfllrliS ~OVAl. A.NO R-:.Plf'CfMENl PLANTING AND RESEEDING If NEEDED. 11. THE IARGfT SIJitVNALlATf.S FOR l'Ht; REVfGEfAlON AI TH£ £NO Of THE PLANT ESTA!LISiiMENJ PERtOO ARf: CON'1Af'II(R PlANTS Will HAVE A MINIMUM Of 90S SURVIVAL CUniNGS WILl HAVE A MINIMUM Of 60'JI, SORIINAl. AHOSfEOEO .... Ii(f,\5 Will HAVE A MINIMUM Of' ~COVfi WITH f"'Al!Vf VEGaATION AND FREfOf NON·NATIVE INVASIVE SPECI(:S. 13. SKOULO CONSTiUCliON OCCUR Ol.Hii'ING lli.E 8$0 BRffOING/NEStiNG SEASON A QUALflED SIOlOGI$1 SHALl CONDUCT A FOCUSED SURVEY FOR 81ll0 NEStS HOI MOHr ltiAN 12 HOuRS. BEFORE tt-tE.S1ART OF CONSTiUJCTIOI'f 0"£RAfiC)N.If NfSlS ARE PltESU..IT, NO LOUD CONSlllUCliON SHAll fAU JllACE WO'HIN .S00 fEET Of ACIIVE NESliNG 511£.$ DURING Hi£ Nf:SliNG/IREEDtofG SEASON jff.IRUA.It'l' 1.51.,1!0UGk AUGUST 30) FOR U$Tf0 SIEC.6 AND 300 FEET fOR AlL OTHER SPECIES INClUOfofG iAfJ"TOA:S A BUFFU ZONE WILL 8E ESI~BUSHEO .4Ji'OUHO ANY iOEI'fTIFIED Nf:S'f~ N COOROIHAliON WOH THE MONITORING 010t0GIS1. If NfSTS. ~rtf PRESENI, NO CONSHWCTION ACTI'I/IliES SHALL OC~ WIIHif'ol ANY PORtiON Of 1ME CON51RUCIIC)N "'l!GNM(NI WHICH WOUlD RESULIIN HOISf l.fVElS EXCEfOINC 40 DIA HOURLY A\IERAGE All HE NEST-.;C SrTE. 14. COHSfRUCTJON STAGING SHAll OCCUR IN A MANNER Hi AT NO OVERNIGHT STORAGE Of EQUIPMENT. CO!IISlltUCTION MA1£1!1AL.S.. OR EXCAVAT£0 MATfRlALS SHAU OC:CUi WITHIN NATIVE VEGETAT'JON AREAS. 15 A CERllflfO AfilSOffiST SHAll PllQVIOE WRIHfN C»RfCTION TO THE CONTRAClOti' TO PROVIDE PROftCTlOH Of ROOfS. llf\JNI:S AND l1MM OlJRtHG l!if COURSf Of IMPllMfNTit\IG THf WOR,; . ........ ~ .................................................................................................................................................................................... .. r-Balanc Bank and Channel StablllzaHon. Agua Hedlonda Creek. Coman property. City of Carlsbad. California ~ Hydrol~cs, Inc. D U D E K PRELIMINARY coNcEPT oNLY. NoT FoR coNsTRUCTioN THESE PlANS AAE PREPARED TO COMMUNICATE PREUMINAAY CONCEPTS SHEET 2 October 7. 2015 215127 ComonGrQdirlg.dwg FOR BIOTECHNICAL TREATMENTS FOR EROSION CONTROL. CQOI5 8olooce ~ydrobgics, W'IC. / .. "·--· ;· I I / -· I '- / -ilif:· ,\_ ··w ·; ... / PLAN 1"= 10' . \ ... "" .. ., ~-------------------------------4 ~ >s L---------~--------~--------------------------------------~1> l)fQ) 0.10 Oo-10 ()o!Xl o· 5' 10' 20' SCALE: I"= 10' SECTION 1"-5' REVEGETATION LEGEND e CUITINGS t:.::_.:::.: <I CONTAINER PLANTS & SEEDING NOTE: REFER TO REVEGETATION PLANT LIST. SEED MIX. AND NOTES ON SHEET 2 ....... ~~ ................................................................................................................................................................ -"' Balance Bank and Channel Stabilization, Agua Hedlonda Creek, Coman property, City of Carlsbad, California ~ Hydrologies, Inc. D U DE K PRELIMINARY CONCEPT ONLY • NOT FOR CONSTRUCTION THESE PLANS ME PREPARED TO COMMUNICATE PREUMINARY CONCEPTS FOR BIOTECHNICAL TREATMENTS FOR ER06toN CONTRO\_ SHEET 1 October 7. 2015 02015 lalanc.• Hy~ ~. APPENDIX "E" Tier 2 Storm Water Pollution Prevention Plan Template l' • ., Revised 8/10/1 0 CONTRACT NO. 6618 Page 134 of 136 • . . . Tier 2 Construction SWPPP Preparation Template This document has been prepared to identify the various components that make up a Tier 2 Construction Storm Water Pollution Prevention Plan (SWPPP). A complete Tier 2 Construction SWPPP is composed of the following components: 1. A set of storm water pollution plan drawings meeting all the requirements of the Construction SWPPP Checklist items as contained in the Tier 2 Construction SWPPP Review Checklist attached as Appendix G to Section 3 (Construction SWPPP Standards and Requirements) in the City Storm Water Standards Manual. 2. A completed and signed Storm Water Compliance Form for a Tier 2 Construction SWPPP (E-30) as contained in Appendix B to Section 3 (Construction SWPPP Standards and Requirements) in the City Storm Water Standards Manual. 3. A completed and signed Tier 2 Construction SWPPP Site Assessment Form (attached) 4. All supporting documentation, studies and reports as required to comply with the Municipal Permit and City Standards including any needed hydrology and hydraulic calculations, soils and geotechnical reports, spill prevention plan and manufacturers information and other data needed to clarify and support of the proposed storm water pollution prevention plan. Tier 2 Construction SWPPP Preparation Template 3/24/08 . -• Tier 2 Construction SWPPP Site Assessment Form . Project ID: _______ _ Project Information: Pr~ectName: ________________________________________________________ _ Project Address/Location; ------------------------------------------------- Responsible Parties/Contact Information: Name of Preparer: ---------------------------------------------- Qualification of Preparer (Registration/Certification):-------------------------- Address: ------------------------------------------------------ City/State/Zip Code:------------------ Phone Number: --------------------- Name of Owner/Owner's Agent: ---------------------------------------- Address: ------------------------------------------------------ City/State/Zip Code: ___________________ _ Phone Number: ------------------- Name of Emergency Contact: ---------------------------------------- (during construction) Address: ------------------------------------------------------- City/State/Zip Code:------------------ Phone Number: ------------------- Page 1 of 10 Tier 2 Site Assessment Form 3/24/08 Site and Construction Activity Description: Construction Start Date: End Date: ------------------------------------- If work begins in rainy season or extends into rainy season, explain how project work can be scheduled can be altered to avoid rainy season impacts or to lessen exposure of site during rainy season: ________________________________________________________________ __ Grading Quantities: Cut: _________ CY; Fill: ______ CY; Import: _________ CY; Export: ________ CY Any Stockpile Proposed? ____ __ lfyes, then estimate quantity: __________ CY Estimated duration of stockpile: ____________ Months Soils types: _____________________________ _ Does site contain a preponderance of soils with USDA-NRCS erosion factor kf greater than or equal to 0.4? ______ _ Is a staging area proposed (yes/no)? _______ _ If yes, then where is it located?----------------------------------------------- Is concrete washout required (yes/no)? ___ _ Where is it located? ------------------------------------------------------- Any existing site contamination (yes/no)? ____ _ Where is it located? ------------------------------------------------------- Any vehicle storage, maintenance or fueling area proposed (yes/no)? ________ _ Where is it located? ------------------------------------------------------- Any de-watering operation proposed (yes/no)? ________ _ Where is it located? -------------------------------------------------------- Any other special operations proposed that may impair water quality (yes/no)? ____ __ What and where? ------------------------------------------------------- Page 2 of 10 Tier 2 Site Assessment Form 3/24/08 Watershed Basin project drains to: 0 Buena Vista Lagoon 0 Agua Hedionda Lagoon 0 Encinas Creek 0 Batiquitos Lagoon 0 Pacific Ocean Is project drainage tributary to a CWA section 303(d) listed water body impaired for sediment (includes Buena Vista and Agua Hedionda Lagoons) (yes/no): ___ _ If yes, describe additional controls that will be used on project site to mitigate for sediment impairments (if any): __________________________ _ Is project inside or within 200 feet of an Environmentally Sensitive Area (yes/no): ___ _ If yes, describe additional controls that will be used on project site to mitigate for potential storm water impacts (if any): _________________________ _ Are any agency permits required (yes/no)? ___ _ Check off permit types required: 0 Army Corps 404 permit 0 Regional Board Water Quality 401 Certification 0 Coastal Commission Certification 0 U.S. Fish and Wildlife Section 7 0 Fish and Game Stream Alteration Agreement 0 Other list: ----------------------------- Page 3 of 10 Tier 2 Site Assessment Form 3/24/08 List materials that will be used on construction site and their handling and storage requirements Material Characteristics/Toxicity Handling_ requirements If any toxic or hazardous materials are proposed, then a spill prevention plan is required. spill prevention plan required (yes/no)? If yes, attach spill prevention plan. Perceived Threat to Storm Water Quality rating: Using the Construction Threat Assessment Worksheet for determination of the projects Perceived Threat to Storm Water Quality rating (E-33): Is a The Construction Threat to Storm Water Quality rating for this project is: D High D Medium Signature of Plan Preparer: Signature:------------------------Date: Print Name: ------------------ Attachments: 0 Storm Water Compliance Form-Tier 2 0 Spill Prevention Plan 0 Hydrology and/or hydraulic study 0 Solis and/or geotechnical report(s) 0 Other. List: Title: ---------------- Page 4 of 10 ---------- Tier 2 Site Assessment Form 3/24/08 BMP Selection: The following tables are provided to help identify and select appropriate site specific BMPs for the proposed project. Review the list of potential site construction activities and site conditions described along the left hand column of each sheet. Then, for each activity or site condition that is included in the proposed project, pick one or more of the BMPs described at the top of the form and place an X(s) in the box(es) that form(s) an intersection between the activity/site condition row and BMP column(s). All structural (physical facility) BMP's should be shown on the site plan in the Construction SWPPP drawing set. Any proposed no-structural BMP should be noted in the Special Notes on the Construction SWPPP drawing set. Page 5 of 10 Tier 2 Site Assessment Form 3/24/08 Wind Erosion Control BMPs Erosion BMPs 0 c 1/) c ..... 0 -ro 0 c :;:. 1/) ~ 0 -ro ..r:::. :2 Cl "C<U <U u 0 ...... ..!::2 c-a. <U ::I Cl ~ .5 ro ro .iii 1/) "'C c BMP Description ~ 5 g c ..r:::. 1/) 3: .E :2 1/) ..r:::. 1/) c ..x:c 0 Cl i5 ..... ..!::2 1/) ..!::2 <U(j) c 0 .iii c ~> .S:! <U <U ~ ::I iS ·ro ro:;:. ro ::I ~~ 0 <U "'C ~ :2 ..... ..oro ~ ::I c: g :; c :2 o ro z-0 ..... 1/) E.!::! (.) UJ "'C <ll·-ro 0 iii 3: <U "'C ..r:::. c ·u <U ro= ro <U CJ)iij ..... ..... ...... "'C ..r:::. "'C "'C ro 0 0 -e·-0 a. (I) ..a >. c <U·-·a ..... <U ~ ro !!! Q) 0 ..... ro 0 (.) '-X >. >. ...... U5 ...... ...... ~ (j) Q.UJ I I (j) (j) <.9 UJO > U)(j) a. CASQA ..... N ("I) "'t LO <0 ,.._ co 0) 0 ..... N ("I) ..... I I I I I I I I ..... ..-..... ..... I Designation ~ u u u u u u u u u I I I I UJ UJ UJ UJ UJ UJ UJ UJ UJ UJ u u u u s UJ UJ UJ UJ Construction Activity or Site Condition Cleared Areas Flat pad graded areas Graded slope areas Trenching/Excavation Stockpiling Drilling/Boring ConduiUPipe Installation Substructure/Pad Installation Staging Area Existing onsite vegetated areas Drainage flow onto site Drainage flows off of site Drainage at top of slope Other (list): Page 6 of 10 Tier 2 Site Assessment Form 3/24/08 Sediment Control BMPs "0 c c: co "-<ll E "-<ll § E Cl ·c c: "-c: <ll "--·u; a. <ll ·a. ·c co c: co BMP Description ~ co co en "-en -<ll "-<ll co c: "-en 1-E j!l Cl <ll g en <ll "iii c: 1-<ll --co co ro (.) c: c: 0 0 en ~·-Cl "-0 ro c: <ll <ll 0::: <IJ E co en 0:;:::; (.) <ll .~ .~ ..1<:: Q) -::s .0 E :5 .E u... (.) "-> <ll ::s "0 ~ "0 "0 <ll <ll <ll (.) c: co ..__ <ll co .Be ±::: <ll <ll .s:::. .0 "-~co co "-.s:::. -U5 (fJ (fJ (.) u: (!) <IJ> (fJ (fJ (/JQ_ (.) CASQA Designation ~ ..... N ("I) ""f 1.0 CD 1'-co en 0 ..... I I I I I I I I ..... ..... UJ UJ UJ UJ UJ UJ UJ UJ UJ I I (fJ (fJ (fJ (fJ (fJ (fJ (fJ (fJ (fJ UJ UJ (fJ (fJ Construction Activity Or Site Condition Cleared Areas Flat pad graded areas Graded slope areas Trenching/Excavation Stockpiling Drilling/Boring Conduit/Pipe Installation Substructure/Pad Installation Paving Staging Area Existing onsite vegetated areas Drainage flow onto site Drainage flows off of site Drainage at top of slope Other (list): Page 7 of 10 Tier 2 Site Assessment Form 3/24/08 Tracking Control BMPs c c 0 0 :;::::; 0 "(3 (!) :::l :::l ..._ ..._ ..._ i= Wen 1i) en c en c en BMP Description ~ 0 (!) 0 (!) U'-(.) ..._ "00) C) (!)!:!:! "0 >. UJ (!) (I] --N en 1:! s: en =en en.s::::. ·-(!) ·-"0 ~ en ..c._ ..cro «10) (I] 0 C)«< ..... c U5c::: Es en_ CASQA Designation ~ ....-~ C'") I I Construction Activity 0::: 0::: 0::: 1-1-1- v Site Access point(s) Staging area access point(s) Maintenance access roads to BMPs Other (list): Page 8 of 10 Tier 2 Site Assessment Form 3/24/08 Non-Storm Water Management BMPs Ql u c Ol t1l (/) c Ol c c ·c: 2 (/) 0 .!: ~ Ql :;::; Ol t1l Q) c Ql u ~ c Ql Ql "iii (/) n "(ii e> 0 ::J ~ ::> Ql u. BMP Description -7 t1l 0.. (/) t1l c -c .l!l '-(/) 0 0 c c (/) 0 0.. c 0 c ..c 0 c c Ql c u ~ Ql Ql Ql -t1l c 0 Ol 0 (/) E E E 0 E c a: :;::; c "(ii Ci ~ 0 ~ '6 E '-Ol 0.. 0.. 0.. Ol .Q. Ql ~ t1l Ql ...... .E ·s ·s ·s di c ::J u ..c Ql c ~ > c ';::: Ol :.c C" t1l .B 2: 0.. ;§ Ci 0 C" C" C" 0.. c (/) w '0 t1l Ql 0 U5 n 2 w w w 0 "§ :~ <( co '-"0 (/) Ol "0 2 Ql ~ "0 "0 "0 Ol (.) u. c 2:' c c c 2:' c c· c c c t1l c 0 ·c t1l t1l ~ c t1l t1l t1l ·::; 2 ~ 0 ~ (.) '-0 (ij :e 2 Ol 0 (.) Ql Ql Ql Ql ·c ~ 0 0 '-t1l c 0.. iii :0 u u u Cl u u ·c 0.. 2 ~ ·::; E -~ :.c :.c :.c ..Q.! c c 2 E E ~ Ql t1l ~ Ql ~ Ql Ql ~ 0 0 t1l Ql Ql Cl 0.. 0 0.. > > a: (.) (.) ~ Cl 1- CASQA Designation ...... N (") ""( 1.{) <0 1'-C(l (j) 0 ...... N (") ""'" 1.{) <0 I I I I I I I I ...... ...... ...... ...... ...... ...... ...... -7 (/) (/) (/) (/) (/) (/) (/) (/) (/) I I I I I I I z z z z z z z z z (/) (/) (/) (/) (/) (/) (/) z z z z z z z Construction Activity & Site Conditions Landscaping & Irrigation Drilling/Boring Concrete/Asphalt Sawcutting Concrete flatwork Pavinq Wire, Cable & Connector Installation Site Housekeepinq Staqinq Area Equipment Maintenance and Fueling Hazardous Substance Manaqement DewaterinQ Steam crossing Material delivery Solid waste handling including trash and debris removal Concrete or stucco work Other (list): Page 9 of 10 Tier 2 Site Assessment Form 3/24/08 Waste Management and Materials Pollution Control BMPs -c Q) -E c c Q) Q) Q) Q) c Cl E C\:1 Cl 0 E Q) c C\:1 Q) Q) E C\:1 c '-'-c Cl -Cl 0 c C\:1 Q) ::2!: Q) U5 0 Q) C\:1 c Cl E c (.) E c C\:1 C\:1 Q) C\:1 -Q) BMP Description ~ "0 Q) Q) ::2!: ::2!: c (/) Cl c E "0 Cl C\:1 ~ C\:1 c C\:1 ::2!: C\:1 Q) C\:1 Q) ·a c c:-Cl c -C\:1 C\:1 c C\:1 (/) (/) Q) u ::2!: Q) ~ -:p .2: c .Q ::2!: "0 (/) c. Q) C\:1 c Q) ~ Q) Q) Q) (/) ::2!: Q) -1ij Q) -(/) C\:1 (/) 0 ::J > (/) ::J c ~ ~ ~ Q) -.. (ij (ij Q) 0 .E Q) c:-·a. '-"0 ·;:: ·;:: ..:.:: a.. '-C\:1 '-Jl1 :g Q) Q) u :g C\:1 c u --ro N c c ::J C\:1 0 ·a. 0 C\:1 0 0 C\:1 o--::2!: ::2!: (/) (/) (/) I (.) (.) (/) :.:::i CASQA Designation ~ 0 .,.... N C"') "'1 L{) <.0 t-co ()) .,.... Construction Activity I I I I I I I I I ::2!: ::2!: ::2!: ::2!: 2 2 ::2!: 2 ::2!: 2 And Site Conditions s s s s s s s s s s Landscaping & Irrigation Drilling/Boring Concrete/Asphalt Sawcutting Concrete flatwork Paving Wire, Cable & Connector Installation Site Housekeeping Staging Area Equipment Maintenance and Fueling Hazardous Substance Management Dewatering Steam crossing Material delivery Solid waste handling including trash and debris removal Concrete or stucco work Temporary porta-potties Other (list): Page 10 of 10 Tier 2 Site Assessment Form 3/24/08 ., f.., Revised 8/1 0/1 0 APPENDIX "F" Signing and Striping Notes CONTRACT NO. 6618 Page 135 of 136 CITY OF CARLSBAD STANDARD NOTES FOR SIGNING AND STRIPING PLANS GENERAL NOTES: 1. The contractor is responsible for installation of all signing and striping. 2. All signing, striping and pavement markings shall conform to the California Manual on Uniform Traffic Control Devices (latest version), the Caltrans Standard Plans and Specifications (latest version), these plans and the Special Provisions. 3. All signing and striping is subject to the approval of the Public Works Director or his representative, prior to installation. 4. Any deviation from these signing and striping plans shall be approved by the Public Works Director or his representative prior to any change in the field. 5. All striping shall be reflective per Caltrans specifications. Striping shall be repainted two weeks after initial painting. 6. All permanent signage shall be reflective per ASTM Designation D4956 and shall use Type IV prismatic reflective sheeting (High Intensity Prismatic or equal) unless otherwise specified. R1-1 "STOP", R1-2 "YIELD", R2-1 "SPEED LIMIT" and street name signs shall use Type IX prismatic cube-corner reflective sheeting (Diamond Grade VIP or equal). 7. Prior to final acceptance of street improvements, all street striping and markings within a 500' perimeter of the construction project will be restored to a "like new'' condition, in a manner meeting the approval of the City Inspector. 8. Exact location of striping and stop limit lines shall be approved by the Public Works Director or his representative prior to installation. 9. Contractor shall remove all conflicting painted lines, markings and pavement legends by grinding. Debris shall be promptly removed by the contractor. 10. All pavement legends shall be the latest version of the Caltrans stencils. 11. Limit lines and crosswalks shall be field located. Crosswalks shall have 1 0' inside dimension unless otherwise specified. 12. All crosswalks, limit lines, stop bars, pavement arrows and pavement legends shall be thermoplastic unless otherwise specified. Preformed thermoplastic arrows and legends shall not be acceptable. 13. Bike lane legends and arrows shall be painted. 14. Size of signs shall be based upon the recommended sign sizes found in the California Manual on Uniform Traffic Control Devices unless otherwise specified. 15. Sign posts shall be square perforated steel tubing with breakaway base per San Diego Regional Standard Drawing M-45. 16. When a sign is attached to a pole, it shall be mounted using a standard City of Carlsbad approved mounting bracket with straps. Page 1 of 2 Q:\Public Works\PW Common\Agreements & Contracts\Contracts\2016 Contracts\6618 Agua Hedionda Slope Restoration - Coman\General Notes -Signing & Striping (2015).doc\Revised 10.20.15 (JTK) CITY OF CARLSBAD STANDARD NOTES FOR SIGNING AND STRIPING PLANS 17. Existing signs removed by the contractor shall be delivered by the contractor to the City of Carlsbad Public Works Yard at 405 Oak Avenue. 18. All signs shown on these plans shall be new signs provided and installed by the contractor except those signs specifically shown as existing to be relocated or to remain. 19. Fire hydrant pavement markers shall conform to the California MUTCD and San Diego Regional Standard Drawing M-19. Page 2 of 2 Q:\Public Works\PW Common \Agreements & Contracts\Contracts\2016 Contracts\6618 Agua Hedionda Slope Restoration - Coman\General Notes-Signing & Striping (2015).doc\Revised 10.20.15 (JTK) APPENDIX "G" City of Carlsbad Special Use Permit SUP 15-02 {'\ ·~ Revised 8/10/1 0 CONTRACT NO. 6618 Page 136 of 136 April 21, 2016 City of Carlsbad SUBJECT: FILE. COPY PLANNING COMMISSION NOTICE OF DECISION SUP 15-02-AGUA HEDIONDA CREEK RESTORATION {"city of Carlsbad At the April 20, 2016 Planning Commission meeting, your application was considered. The Commission voted 6-0 to approve your request. The decision of the Planning Commission is final on the date of adoption unless a written appeal to the City Council is filed with the City Clerk within ten {10) calendar days in accordance with the provisions of Carlsbad Municipal Code section 21.54.150. The written appeal must specify the reason or reasons for the appeal. If you have any questions regarding the final dispositions of your application, please contact your project planner Pam Drew at {760) 602-4644 or pam.drew@carlsbadca.gov. Sincerely, Ql.yt DON NEU, AICP City Planner DN:PD:tm c: Data Entry File enc: Planning Commission Resolution No. 7158 Community & Economic Development Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141 760-602-4600 1760-602-8560 f I www.carlsbadca.gov The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: April 20, 2016 Application complete date: March 8, 2016 Project Planner: Pam Drew SUBJECT: Project Engineer: Sherri Howard/Kyrenne Chua SUP 15-02 -AGUA HEDIONDA CREEK RESTORATION -Request for approval of a Floodplain Special Use Permit to restore a section of Agua Hedionda Creek by removing existing grouted rip-rap, controlling erosion by reducing incoming storm water flow velocities, replacing the culvert outfall ramp with ungrouted riprap, and replanting the stream banks with native riparian habitat. This project is generally located at 5855 Sunny Creek Road and within a portion of the Agua Hedionda Creek in Local Facilities Management Zone 15. The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15333(d)(5) of the state CEQA Guidelines-stream or river bank stabilization with native vegetation or other bioengineering techniques, the primary purpose of which is to reduce or eliminate erosion and sedimentation. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7158 APPROVING a Special Use Permit (SUP 15-02) based upon the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND The City of Carlsbad has submitted an application for a Floodplain Special Use Permit (SUP) to repair a storm water culvert outlet and stabilization of the stream bank on the Agua Hedionda creek near Sunny Creek Road. The project is located on private property, but the city does have an easement for the outlet and maintains this facility. The creek headwaters originate in the San Marcos mountains to the east of the project site, and travel downstream to the west, with a storm water culvert outfall conveying water from the south into the creek. Currently, the stream banks on both sides of the culvert outfall have experienced heavy erosion and washout, and private property is threatened by further erosion. The existing grouted riprap in the culvert outfall, and within the stream bed, no longer suffice to prevent stream erosion, and the project proposes more effective bioengineered solutions. The project is to replace the failing grouted riprap and stream banks with bioengineered solutions that would prevent further erosion with an approach that will utilize native riparian plants, naturally occurring materials and will protect water quality. The project will stabilize the creek banks and reduce further incising, widening and slumping of the stream channel that currently threatens private property and deposits sediment in the creek. In general, the project consists of crib walls along the eroded slopes on the east and west side of the existing drainage culvert, which would add structural integrity to the stream banks. The project consists of natural materials {'\ .... SUP 15-02-AGUA HEDIONDA CREEK RESTORATION April 20, 2016 Page 2 such as logs, soil, boulders and native riparian vegetation. The crib walls are designed to withstand the flow velocities and shear forces determined in the Hydraulic Analysis Report prepared by Chang Consultants, dated November 2, 2015. The work will be performed using excavators to protect existing mature trees. The storing and staging of materials will be located to the west ofthe creek repairs and on the north and south sides of the terminus of College Boulevard, just west of the intersection with Sunny Creek Road. Storm water construction Best Management Practices (BMPs) will be implemented to protect against fuel spills or pollution from mobilizing equipment. The project will be constructed with a clear water by-pass system to maintain flows downstream and implement a Tier 2 Storm Water Pollution Protection Plan (SWPPP). Additional BMPs include: 1} geotextiles and mats to protect site during construction; 2} fiber rolls to protect site during construction; 3} stabilized construction ingress and egress (the access route from Sunny Creek Road to the site has been paved in Class 2 base in preparation of this project). Furthermore, the contractor will not be allowed to fuel or service equipment outside of the staging area located on College Avenue. Below is a more detailed explanation of the project. Stream Bank Stabilization The project proposes an integrated stream bank restoration project which would build one crib wall on the east, and two crib walls on the west side ofthe existing drainage culvert. To add structural integrity to the stream banks, bioengineered crib walls would be built on three foot diameter foundation boulders which would conform to finish grade. The crib walls would have backfill with angular rock and soil mix to support riparian plantings at each step. The lower stretcher logs on top of the foundation boulders would be placed with the rootwad outwards into the creek. This log crib wall will be constructed utilizing salvaged eucalyptus trees that have been recovered throughout the year and stored at a city facility. The ten-foot high log crib wall will be backfilled with a combination of granular soils, mulch and small rock. The log crib wall will be planted with a combination of native container plants, cuttings and hydroseed. Fabrics installed to hold the soil and planting in place are completely biodegradable. Culvert Retrofit Existing grouted rip-rap in the culvert would be removed, and the culvert would be outfitted with a rock lined outfall ramp with a stilling pool outside creek to reduce the velocity and turbulence of the flow before it enters the creek. Existing grouted rip-rap within the creek would also be removed, and two step pools would be created. Step pools would be contoured with boulder risers, and pool bottoms would be restored with engineering streambed mixtures that would be geomorphically appropriate for this section of creek bottom with the intent of reducing seasonal downstream flooding. Revegetation The site would be prepared for revegetation using soil rehabilitation and fine grading. Revegetation would occur concurrently with construction and would include both container planting and broadcast seeding utilizing a native seed mix of persistent coastal San Diego native riparian plants that would support creek bank stabilization and sediment control. Wherever possible, salvaged plants from the construction area and cuttings which will be sourced locally will be utilized. Irrigation Irrigation would occur during the plant establishment period, and would utilize water from the existing creek. The plant establishment period would begin immediately after construction. landscape plantings will be irrigated for two years with an irrigation system to establish the native plantings and the site will be monitored for one additional year after the removal of the irrigation equipment to control weeds, trash and pests. SUP 15-02-AGUA HEDIONDA CREEK RESTORATION April 20, 2016 Page 3 Trees The existing trees will be protected in place unless the removal is required to implement the project. Two trees have been washed into the creek due to stream bank erosion. The permit from the Regional Water Quality Control Board (RWQCB) allows for the removal of up to 4 trees. One additional tree is shown on the plans to be removed in support of the installation of this project. One additional tree may be removed. RWQCB permit conditions require that trees be replaced at a 2:1 ratio and have allowed that if necessary additional trees may be removed and replaced at a 2:1 ratio. Ill. ANALYSIS This project is subject to the following plans and regulations: A. Open Space (OS) General Plan Land Use Designation; B. Open Space (OS) Zone (Carlsbad Municipal Code [CMC] Chapter 21.33); and C. Special Use Permit (Floodplain Management) Regulations (CMC Chapter 21.110). The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable city regulations and policies. The project's compliance with each of the above regulations is discussed in detail in the sections below. A. General Plan Land Use Designation The proposed project is consistent with the goals and policies of the city's General Plan Open Space, Conservation, and Recreation Element (OSCR) Public Safety Element (PS), and the project site's Open Space (OS) Zoning. A number of goals and policies are identified in the Open Space, Conservation, and Recreation Element to restore the natural vegetation along the creek bank and improve water quality related to soil erosion and sedimentation. General Plan and Zoning consistency findings can be made for the project. B. Title 21 (Zoning) The project has a zoning designation of Open Space (OS) which allows planting and maintaining of locally native trees, shrubs and other native landscaping elements in order to restore or enhance the habitat area. The project will restore the creek bank that has been eroded using a bioengineered solution, which will include planting additional oak trees along the top of the stream bank. The bank will also be replanted with native plants that would support creek bank stabilization and sediment control. C. Special Use Permit (Floodplain Management) Regulations Projects located within any area of special flood hazards must obtain approval of a Special Use Permit (SUP) by the floodplain administrator (the city Planning Commission). The intent of these regulations is to promote the public health, safety, and welfare and to minimize public and private losses due to flood conditions. Chapter 21.110 states that "Flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas." The project complies with the requirements of the Floodplain Management Regulations and Special Use permitting procedures as the installation of the crib walls, boulders and native riparian vegetation will not reduce the ability of the site to pass or handle a base flood of 100-year frequency. The project will remove SUP 15-02-AGUA HEDIONDA CREEK RESTORATION April 20, 2016 Page4 the existing grouted rip-rap and vegetation that have been deposited in the stream when the bluff eroded and replace them with bioengineered crib walls and rock lined outfall ramp with stilling pools to reduce the velocity and turbulence of the flow, which will not obstruct water from flowing through this area should a 100-yearflood occur. Furthermore, the proposed installation of the crib walls and boulders will not create a hazard or adversely impact development, or adjacent and upstream or downstream properties and structures in that the step pools would be contoured with boulder risers, and pool bottoms would be restored with engineering streambed mixtures that would be geomorphically appropriate for this section of creek bottom with the intent of reducing seasonal downstream flooding. All structures will be designed to handle the expected velocities and will be anchored to prevent floatation, collapse or lateral movement of the structures and therefore will not cause obstructions in the area. As a result ofthe project, it is determined that no adverse impacts to the 100-yearflood hazard area would occur from implementation ofthe project. Therefore, the proposed project would be in compliance with the Floodplain Management Regulations. IV. ENVIRONMENTAL REVIEW The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to the state CEQA Guidelines Section 15333(d)(5), stream or river bank stabilization with native vegetation or other bioengineering techniques, the primary purpose of which is to reduce or eliminate erosion and sedimentation. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. A Notice of Exemption will be filed by the City Planner upon project approval. ATTACHMENTS: 1. Planning Commission Resolution No. 7158 2. Location Map 3. Disclosure Statement 4. Reduced Exhibits 5. Exhibits "A"-"I"-dated April20, 2016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 7158 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A FLOODPLAIN SPECIAL USE PERMIT TO REPAIR A CULVERT OUTLET AND CREEK BANK. THE REPAIRS WILL INCLUDE STREAM BANK STABILIZATION, A CULVERT RETROFIT AND RE-VEGETATION OF THE SITE AREA ON PROPERTY GENERALLY LOCATED AT 5855 SUNNY CREEK ROAD AND WITHIN A PORTION OF THE AGUA HEDIONDA CREEK IN LOCAL FACILITIES MANAGEMENT ZONE 15 CASE NAME: AGUA HEDIONDA CREEK RESTORATION CASE NO: SUP 15-02 WHEREAS, City of Carlsbad, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Chase Coman, "Owner," described as A portion of lot "B" of Rancho Agua Hedionda in the City of Carlsbad, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896 ("the Property"); and WHEREAS, said verified application constitutes a request for a Floodplain Special Use Permit as shown on Exhibits "A"-"I" dated April 20, 2016, on file in the Planning Division, SUP 15-02- AGUA HEDIONDA CREEK RESTORATION, as provided by Chapter 21.110 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on April 20, 2016, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Floodplain Special Use Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission APPROVES SUP 15-02-AGUA HEDIONDA CREEK RESTORATION, based on the following findings and subject to the following conditions: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Findings: 1. 2. 3. 4. 5. 6. 7. 8. The site is reasonably safe from flooding in that the proposed restoration of the creek bank and culvert improvements will not increase the base flood elevation of the creek. The project as proposed has been designed to minimize the flood hazard to the habitable portions of the structure in that no improvements are proposed to any existing structures. The proposed project does not create a hazard for adjacent or upstream properties or structures in that all culvert and bank stabilization structures will be designed to handle the expected velocities and will be anchored to prevent floatation, collapse or lateral movement of the structures and therefore will not cause obstructions in the area. The proposed project does not create any additional hazard or cause adverse impacts to downstream properties or structures in that step pools would be contoured with boulder risers, and pool bottoms would be restored with engineering streambed mixtures that would be geomorphically appropriate for this section of creek bottom with the intent of reducing seasonal downstream flooding. All culvert and bank stabilization structures will be designed to handle the expected velocities and will be anchored to prevent floatation, collapse or lateral movement of the structures and therefore will not cause obstructions in the areas of special flood hazards. The proposed project does not reduce the ability of the site to pass or handle a base flood of 100- year frequency in that the project will remove the existing grouted rip-rap and vegetation that have been deposited in the stream when the bluff eroded and replace them with bioengineered crib walls and rock lined outfall ramp with stilling pools to reduce the velocity and turbulence of the flow, which will not obstruct water from flowing through this area should a 100-year flood occur. The proposed project taken together with all the other known, proposed, and anticipated projects will not increase the water surface elevation of the base flood more than one foot at any point in that the project will not change the channel characteristics which would cause an increase in the flood elevation. All other required state and federal permits have been obtained in that the applicant has received either a permit or notification to proceed from the following state and federal resource agencies: 1) California Department of Fish & Wildlife (Notification of Streambed Alteration - 1600); 2) San Diego Regional Water Quality Control Board (401 Water Quality Certification); and 3) U.S. Army Corps of Engineers (Nationwide Permit 13). The proposed project is consistent with the General Plan goals and policies of the city's General Plan Open Space, Conservation, and Recreation Element, Public Safety Element and the project site's Open Space Zoning in that a number of goals and policies are identified in the Open Space, Conservation, and Recreation Element to restore the natural vegetation along the creek bank and improve water quality related to soil erosion and sedimentation, and Public Safety Element to reduce flood hazards and to protect building and development sites from the effects of flooding. PC RESO NO. 7158 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. 10. 11. 12. 13. 14. The project is consistent with the Open Space, Conservation, and Recreation Element-Biological Resources and Open Space for Conservation Goal -4-G.3 -"Protect environmentally sensitive lands, wildlife habitats, and rare, threatened or endangered plant and animal communities," in that the project is designed to be self-mitigating in the use of bioengineering solutions, and habitat-appropriate planting palettes. The stream banks would be stabilized with bioengineered crib walls that use naturally occurring materials such as boulders, eucalyptus logs and soil. The planting palettes would include San Diego County native plants that are persistent and would support bank stabilization and water quality. Furthermore, the city would plant new oak trees at a ratio of 2:1 for any trees damaged or removed to accommodate construction. The bioengineering structure will enhance the existing wildlife habitat within the project area without impacting any animal communities in the area. The project is consistent with the Open Space, Conservation, and Recreation Element -Water Quality Goal-4-G.14-"Promote the protection of Carlsbad's creeks, lagoons, ocean and other natural water bodies from pollution," in that the purpose of the project is to replace the failing grouted riprap and eroding stream banks with bioengineered solutions that would prevent further erosion and sedimentation with an approach that will utilize native vegetation and naturally occurring materials, which will protect water quality. The project is consistent with the Open Space, Conservation, and Recreation Element -Water Quality Policy-4-P.60-"Make any necessary structural control changes to the storm water conveyance system to remove or reduce storm water pollutant levels," in that the proposed crib walls and boulders would be adequately sized and engineered to handle storm water flows from the existing 36-inch diameter storm drain and creek, which would reduce pollutants and sediment from reaching the lagoon. The project is consistent with the Open Space, Conservation, and Recreation Element -Water Quality Policy-4-P.64-"Preserve, where possible, natural watercourses or provide naturalized drainage channels within the city. Where feasible, implement restoration and rehabilitation opportunities," in that the project will include bioengineered crib walls using eucalyptus, boulders and native plants for bank stabilization to maintain a natural watercourse and restore the habitat in the area that was washed away when the bank eroded. The project is consistent with the Public Safety Element-Flooding and Coastal Hazards Policy- 6-P.2 -"Continue to implement and pursue flood control programs that reduce flood hazards, such as the city's Grading Ordinance and the Floodplain Management Regulations," in that the project will install bioengineered crib walls and rock lined outfall ramp with stilling pools to reduce the velocity and turbulence of the flow, which will not obstruct water from flowing through this area and the project will adhere to the city's Grading Ordinance and Floodplain Management Regulations. The project is consistent with the Public Safety Element-Flooding and Coastal Hazards Policy- 6-P.4-"Require all proposed drainage facilities to comply with the city's Standard Design Criteria to ensure they are properly sized to handle 100-year flood conditions," in that the project will remove the existing grouted rip-rap and vegetation that have been deposited in the stream when the bluff eroded and replace them with bioengineered crib walls and rock lined outfall ramp with stilling pools to reduce the velocity and turbulence of the flow, which will not obstruct water from flowing through this area should a 100-year flood occur. PC RESO NO. 7158 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15. 16. 17. 18. The project is consistent with the Public Safety Element-Flooding and Coastal Hazards Policy 6- P.5-"Require installation of protective structures or other design measures to protect proposed building and development sites from the effects of flooding," in that the proposed bioengineered crib walls, boulders and native plants would stabilize the bank to protect the existing structures. The project has a zoning designation of Open Space (OS) which allows planting and maintaining of locally native trees, shrubs and other native landscaping elements in order to restore or enhance the habitat area in that the project will restore the creek bank that has been eroded using a bioengineered solution, which will include planting additional oak trees along the top of the stream bank. The bank will also be replanted with native plants that would support creek bank stabilization and sediment control. The proposed project taken together with all the other known, proposed, and anticipated projects will not increase the water surface elevation of the base flood more than one foot at any point in that the project will not change the channel characteristics which would cause an increase in the flood elevation. That the City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to the state CEQA Guidelines Section 15333(d)(S), stream or river bank stabilization with native vegetation or other bioengineering techniques, the primary purpose of which is to reduce or eliminate erosion and sedimentation. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. Conditions: General Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a Notice to Proceed or commencement of construction, whichever occurs first. 1. 2. 3. If any of the following conditions. fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Special Use Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Special Use Permit document(s) documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. PC RESO NO. 7158 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. 5. 6. 7. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Developer shall submit to the City Planner a reproducible 24" x 36," mylar copy of the site plan reflecting the conditions approved by the final decision-making body. Prior to removal or damage of any active nests or any tree pruning or removal operations during the prime nesting season, that being from March 15 to May 30, a certified biologist shall survey the trees to determine if there are any active nests within 500 feet of the area of tree removal or pruning. If any active nests are located within 500 feet, no tree pruning or removal operations can occur until the nests are vacated or until the end of the prime breeding season, whichever occurs later. In addition, prior to any tree removal or pruning operations proposed outside of the prime nesting season but within the period of February 15 to August 31, a confirmation is required from a certified biologist that no disturbance to active nests or nesting activities would occur. Documentation from the certified biologist consistent with these requirements shall be submitted to the City Planner for review and approval. A note to this effect shall be placed on the construction or grading plans. Engineering: 8. 9. 10. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. Developer shall complete and submit to the city engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. Code Reminders: 11. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. PC RESO NO. 7158 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date affinal approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on April 20, 2016 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: 23 VEL YN ANDERSON, Chairperson CARLSBAD PLANNING COMMISSION 24 25 ATIEST: 26 27 DON NEU City Planner 28 PC RESO NO. 7158 -6- • N NOT TO SCALE Agua Hedionda Creek Restoration SUP 15-02 (cicyof Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www .carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part ofthe City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: . Person is defined· as "AnY: individual, firm, co-partnership, joinfventure, association, soc;ial club; fraternal organization, corpdratii:m; estate, trust, receiver, syndicate, in this and any othercounty, citY and county, city municipality, dil)triCt or other political subdivision or any other group or combination acting as a unit." Agents may sign f.his. document; however,. the legal name and entity of the applicant and property owner must be provided below. · · · 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 1 0% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Sherri Howard Corp/Part City of Carlsbad Title Associate Engineer Title ----------------------------Address 1635 Faraday Avenue, Carlsbad CA 92008 Address ___________ __ 2. OWNER (Not the owner's agent) P-1(A} Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Chase Coman Title Owner Address 5855 Sunny Creek Road Carlsbad, CA 92008 Corp/Part. __________ . Title. ________________ _ Address. ___________ _ Page 1 of2 Revised 07110 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ~ person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust'----------Non Profit/Trust. _________ _ Title. __________ _ Title. _____________ _ Address _________ _ Address ___________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? DYes I./I No If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. Chase Coman Sherri Howard Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of2 Revised 07/1 0 Sherri Howard From: Sent: To: Subject: Hi Sherri, ./ Chase Coman <chasecoman@yahoo.com> Saturday, October 10, 2015 10:54 AM Sherri Howard Re: Property address In reviewing the application form I have found 2 items that need to be more explicit before I sign anything. Bottom of page 2. IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. IM/E CONSENT TO ENTRY FOR THIS PURPOSE. ~ NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEJNU RECORDED ON THE TITLE TO IDS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST. As you know, 1 am not opposed at all to city employees or their agents coming on to my property relative to this stormwater drainage facifity restoration project. I do require that I t;ave at least 24 hours notice and that notice is acknowledged by me either by text or email. CJI&. The second item also at the bottom of page 2 is as follows : NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON TilE TITLE TO IDS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST. What does this mean? This statement needs to be explained explicitly in writing before I consider signing. Chase On Oct 8, 2015, at 2:34PM, Sherri Howard <Sherri.Howard@carlsbadca.gov> wrote: 1 Chaou~ CWI~IIrQdawllriillbStcllllniiiiM J>O.IIclltdll T~lfZ.IJIWO RoadwS..F.,CAIDI' ....... F•ll5eii32WID ~-~ ..... CONSTRUCTION PLANS FOR: SUNNY CREEK STREAMBANK RESTORATION PROJECT PROJECT NO. 6618 N:lEX OF S!-!EET9 SPECIAL USE PERMIT SUP 15-02 CITY OF CARLSBAD CARLSBAD, CAUFOANIA CITY COUNCIL MATT HALL -MAYOR KEITH BLACKBURN -MAYOR PROTEM LORRAINE M. WOOD -COUNCIL MEMBER MARK PACKARD -COUNCIL MEMBER MICHAEL SCHUMACHER -COUNCIL MEMBER PATRICK A. 1HOMAB -PUBUC WORKS DIRECTOR LQCA110N MAP PECI..ABATION OF RfEflfiQNM!' F CHARQE lhii'UromAIIfiHATINI•DCNVr Of ICRC'ffll ltf!f~ JMTJ ~IEOSIIC:ISED~OWI«GaJHE IJES/f;N QF WE l'tffJECf AS lf1'NDMSB1JDI'I1W'OFJ£JU51Nf5S' NI/J f'fllHS3fJNSCID:. NI/J 1K4f D£DSIIINift:tM51SJENTIIIHa.NTSWIMIIJS. I IHID5f,WJ JHAT M tHDt 01' lfiGECT IJIA.WCS NIJ 5f'Eti'1C4RI:WJ BY HaJYCJf'CWil.SIWI QOO NDr JiEla£ 1tE AS SllliNEJI'OFIIIRII:.OfiiY ~IQIIPRD.BJTJD!X ,.,. QWIGC:WSU.T/KI!I ~--~~~~------------.,,., __ ~,..,..=~ ...... =-"'"'-'"'"-.,.,__=="------ ~--~-~~~~~-~--------- ~~---2*~K~·~~~------------ REVISION DESCRIPTION ''AS BUILT" RCE--OA1E 11'~1 Cbanu~ ,. __ P.O.Bar949S T:IISIIIIUiltiO R~n:~.--.k,CA.a.l'·AaiS f:f151ii.J2.1U ~-. .,. ................. JQtOQIWIH'I'SHOIII fW ~RJN5 IMSIIMRA11D 11'1'1&0 surr.£r~EM!PS =~y~~~~::JiaMT«fMSJO NAlKWAL AW' N:QIW;'f lfNIDAIIOS. I'RO.ECI" LOCAliON ""'---"-"' ,., __ ,.,_.,. """"--''"-"' ___ ._.,. IIEifmW.r___!IL1_cr REVISION DESCRIPTlON SUP 15-02 HGI'WIWJIIOilt'fiWLBEI'fiii'RimM~IrJIIHnlt.OIIWG Dt'XXMlm, tUri£NT Ar JH£ 1IE tF ~ AS IIIIIICJID IY H arY ...,_ ---01'1' , CUI.5IAD 1Jiliiiii£IMC SJNAtlm 1HISSE1'fi'1UIIIS --~RIJ'aJQGifltf'fal:llala~(Qt&N -- -- 5JDllllloi"DifftiiJNII9l1S JHArNfl)!: ~ .SfANDMOSlOWMlEJI'~ 01'11Df"fYt'ROBf~ - INSPECTOR IMASMAYIEMCII'IDBY ~--~--~ -eo- -&J~ ........ ......... - "AS BUILT" flHffil! CITY OF CARI.'3BAD \l"iHffiSJ4 ~ DIGINUR.NO DEPARn.fO.T l_Lj g if! ::l C/) :-: 5l I ~ ~ :::i w a: Q.. ; ~~~~~~,~~~T~!W~W~J.· RCP """' OlJIFALL FRORLE SCAt£' I~ • Iff SECTION A-A• S'TL.LJNQ BASIN $CAUt HIS I 1-----t------~1::..:::. m~~----~~~w~---~~~~~-------~~~»----~~~----_L~~-~~~~---~~m=----__j~~ro Cba~ CWEI~I~cll*wl~~ l:(liljaz.Gllll RfttloS..F.,Co\ ..,_.... f, {11511 G!-'1«12 ............ ,..._._..,. .... PROPOSED Cl-lANNEL. lliPRAP PROFILE ~r-td J/+"IID G.'J.V 1HR£MJ~ ROD pUC£ AT EAal CROSSING 81liN Hf.ADER NID SlliE1CH£R LOGS {riP) HD GALV DOUBt.£ NUT AND 1/4" K ;j WASHER . {riP) .. = BQ.1S SHOitH HERE ME NOT N1. IN 1Hf SAil£ lofli'11CAL PWtE PRmS£ ifR11CAL N1D HORIZONTAL L.DC..UKW a: Ba.1S IN RELA.11CW 1D EACH OJH£R DEPENDS UPON EX/I.CT DIJI£NSIONS IT LOGS USED. DRAI!WG' IS IEANT 10 l.L1JS7RAJE" THE RB.1JIREJIENT 10 BCl.T £ACH CaJRS£ Of LOGS 10 BOTH ADJ.I,C£NT COlJRSES AND A r EACH CIIOSSJNG. LOG CONIECllON peTAL SCM£: NlS sc.ue ,._ ,, BOULDER PLACB.1ENT NOTES REVISION DESCRIPTION SUP 15-02 lsiiffill CITY OF CARlSBAD lf"iiml4 ~ EHOOURINO OEP .... RTWENT ~ SUNNY CREEK S'JREAMSAN< AESTORA'TJON PROJECT Chang~ Clll~aqi~Jd"c*Qri~IIQfii:i .. ...... S..Fw.CAI&'I8l-44!11 ~== .............. ---· -... -.... _.. SUP 15-02 "AS BUILT" ""--""·--,. .. IIEV£0EJI"' t45PtCTOit r::r:JI Cl'~t..£!. ~2JMAD lw ~~ 1=·:~=11 DETAILS r--.~~--~~+=~~~~~~--+::~.~~·~ •• ~.~~~oo=.~-+~==~~~~~-+~~7·~::::~~:=.~~~uw~--~~&P~t~i~~ OOASTLIVEOAK 10' ASSiiOWNONPLAN 'r-6' ASSHOWNONPL.AN TOTAL JN t:A ANE110P813 CAUFORNICA VERaA MANSA Laf.IER SLOPE 1GA1.LON 1 GALLON ~ CA SP CARS( SPIS&4 SAN DIEGO BCCGE LatiER SLOPE 12 1 OAU.ON 7 1 GALLON ~ JU AC JIJNCUS ACUTUS SPP. LEOPOWJl SPIN'I' RUSH 1 GALLON 1 GALLON 2' I. OWER &LOPE Hi 1 GALLON z UPPERSt.OPE 48 CALIFORNIA WILD ROSE 1 GALlON 3' UPPERBI.OfiE 2f5 BIP-3,0/P-3 CI'U.IFORNlA 8LACKBERRY 1 OAU.ON ~ UPPER SLOPE 25 TOTAL 171 AS SHOWN ON PLAN "' 1-•s_SH_rm __ •_o_••_LAN_I-_1_21>_--1 ~ ~iDP-3 AS SHONN ON PLAN TOTAL 720 SPEC AL USE PER S P-15-02 REFER TO SHEEIS P-2 AND P-3 FOR PI.AN11NG NOTES, DETAILS, CROSS-SECTION, AND ADDmONAL INFORMATION. REFER TO SHEETS 1-1 AND 1-2 FOR IRRIGATION PLANS, NOTES, DETAILS, AND ADDmONAL INFORMATION. J. lHE TeRM 'ENGINEER~ ~ USED IN CONTEXT OF INSPECJ!!lii,~D APPIUlVALS NOTED ON iWPR~If\Yf(["cW«'~o-8 imk'enb~s~0$Alwll5. 4. 5. ilKF~H~~Jl~~"\1\tlllHHmw: 6. 1HE CONJIW:Ttlll SfWl. OBTAIN AND PAY FOR AlL PERMI!S NECESSARI' TO COMPlETE WORK. 7. ACCESS TO lHE WORK MOO SHAll BE Jl; SIIOWN AND PRESCRIBED ON lHE CML PlANS. B. 9. 10. II. ~NPf~NXN1JlD~~TWoH~~11bEfflfip~ 12. 13. 14 • ~l~1ntt\1tlk·3~~wn'f'0ij~Lkts oR 15. ~&ESSd\Nr-mrt ~w w~~~ W/ffli:AB~BGRAOES IN 1 B. COMP.IC! SOIL IN PlNI1ING MOO TO A II.IXIIAJM Of ll5ll RElAllVE DENSITY COMP.\CIION. 17. A\.!...!il!li!I!<"T!OO. RffiJElJNG OR MAINTENANCE OF CONSTRucnON EDUIPMENT SHAll. BE ~"'"" WITHIN APPROVED STAGING MOO ON COUfGE AVENUE 1.CCOROING TO THE CML 18' IL~Mafo\~~JR§J;I~'1J"d~ltl IMr ESTABLISHIIENT 22. -~-M~b.ilb~~~HocSJB~ NAliVE 23. A CER11FIEO ARBORIST SIW.L PROVIDE WRITTEN DIRECIION TO THE CON!RACIOR TO PIUlVIOE . ~NIIfG OF TREE ROOTS. TRUNKS AND lJM!IS DURING lH£ COURSE or 12. rB&~~NGS SIW.I. BE HN<YESllJl fROY LM: HEALTHY TREES COllECTED AT CllY-APPRO\IED 13' ~Ml~wFWJN~~~'t~W+n!l~~ORI.IBYTJ11fiJF· ALL 14. -~~BE APPUED TO THE BELOW-GRAIJE PORIION OF THE POLE CUTlliiGS 15. -~~·~~&\_ED_JffflifjlWIIfot;!Jl ~"!!blfr·wi\W 16. WllJoo~ROUNDING POLE CIJTJINGS SIIIU. BE KEPT MOIST DURING THE PLANT ESTABUSHMENT 17• ~1\Hjlk)~~.llfu51illlli.8ff:~'8ftl~n1910/frn0,.Wi.lf.Jlk1HE 18. ~~fl8 ~N~FIUED WITH WATER AND ALLOWED TO ORIJN COMPLETELY BEFORE 19. F~m•DE~IHGd~m~J~~~m~ 20. 21. ALL CONTAINER PLANTS AND ALL CUITINGS Will BE WAIDlED IUYEDI\ill.Y AFTER INSTALLATJOH. 22. Mo'¥\iB:ffi,~~~ ~~~DN~NMW/ ~~ulft~~~REMENTS, INCWOING SPECIAL USE PERMIT SUP-15-42 §kfi 0lm1\l~uE FOR DIRECTED BY THE CITY or J. PLANT EST.IBUSHIIENT WILL INCLUDE WAT£Ril!fil<WJll:GATION SYSIEII OPERATIONS AND ~ ~~~tlttflrl[ CONTROL. DEBRIS REIKWAI. AND 4. Jlj~ }~~DJAu(fip{,g~O~~~Gl/llfES-~ END OF 6. ~ABWB-SHRUBS SHALL BE MAINTAINED REGULARLY TO PROMOTE HEALTH AND 7. 8mr&~IN~'\nDEMft ~,H.J1l!.m,f8tJUU:I<LY N; POSSIBLE AND DISPOSED OF 8. m~Ti/E"fl~ CONTROL YANAilEMENT Stw.l. BE CONDUCTED Jl; NECESSARY TO 9. IB~~~l~ ~M-~1~&~~~~~ SIZES 10. JljEJftwrMrSJlltl~MAINTAINED TO N;SURE AOEOUATE OPERATION MID A FABRIC ENCAPSULATED SOIL WITH PLAi'mNG P-NO SCALE SECTION ...J z < :,.::0 1-wF lJ..J W<{ 0 O:::n::: Cl uo :z: f- <( <{UJ OW (/) zn::: lJ..J 2:,.:: 1-0 oz :z: w<t (.!) Im :z: <t:Z i= ::J<l: :z: Gw :'5 <{~ c.. Ul @ POLE CUTTING pJ NO SCAlE STEP 1: CUT FlllRIC JllllfS: SECilON STEP 2: PLAC£ PLANT STEP 3: SECURE FABRIC @ CONTAINER PLANTlNG NO SCAlE POLE CUTTJNG SECliON 1. REFER 10 SPECJFlCIJJONS ANO PW< SHEEJS FOR ADOffiOIW. INFORMATION. 2. T-SlJT IN EROSION COHlROI. FA!lRIC TO BE EXECUTED Ni SI«JWN IN 1HE PlAN VIEW »10 f.S PRESCRIBED IN THE SPECIACATIONS. 3. REFER 10 OELIILS ON liiS SHEET FOR ADDITJOIW. INFORMATION AIIO REQUIRENENTS. PW/llNG IN FABRIC NO SCALE COMI.oJNER PLANT SECliON SPECIA USE PERMIT SUP-15-C2 Hm; PIAHT PROlECIIOH CAGES SlliU. BE INSfAlliD FOR saECT TREES Ni PRESCRlB£1l ON lHE PLANS. REFER TO SPECIACATIONS FOR ADDffiOIW. tlf"ORMATI<X< SECTION HmES; !. REFER TO SPECJFICI.TIONS AIIO Pl.IN SHEEIS FOR ADOffiONAI. INFORMAl!ON. 2. REFER TO CML ENGINEERING PW<S FOR LOG STRUCTURE COHSTRlJCTION. 3. PLAN11NG SlW.L DE CONDUCTED CONCURRENT WITH LOG ANO ROCI( STRUCTURE CONSTRlJCOON. lYPICAL PLANTING CROSS-SECTION NO SCALE IRRIGATION LEGEND ~ ~~~~no~N ________ __ ~ SPRAY SPRINKW! -YO-DEGREES e SPRAY SPRINKW! -1B0-DEGREES fl) SHUT -OFf / I.IANll.IL COHIROL VII.'IE LATEIW. UNE (ON-GRADE) MAIN UNE (ON-GRADE) LAYFlAT UNE (ON-GRADE) III PUUP 'f FOOT VALVE TYPICAL VN..VE CoiU. -our REFERENCE: 4 56 -GAI.LO!IS PER IINUTE PER VNYE --VN..VE NUMBER ::;..--VN..VE SIZE PfR PLANS ADJUST SPRINKUR ARCS FOR COVERAGE OVER PlANilNG AREAS. REFER TO SHEETS P-1, P-2 AND P-3 FOR PLANTING PlANS, NOTES, DETNLS, AND ADDITIONAL INFORMATION. REFER TO SHEET 1-2 FOR IRRIGATION SCHEDULE, NOTES, DETAILS, AND ADDITIONAL INFORMATION. IRRIGATION SCHEDULE SYMBOL IAAHUfACIIJRER MODEL NU~BER ~ HUHIER PR05-oo-PRS41HIP2000-9D (9D-210) e HUHIER PROS-OD-PRS40-IIP2000-90 (90-21D) fS KBI PVC SCHEDULE 80 BALL VIJ.V(. 1' SIZE BY CONTRACTOR PVC SCHEDULE 4D -SIZE PER PLANS BY CONTRACTOR PVC SCHEDULE 4D -SIZE PER PLANS ---· BY CONTRACrOR LA\'FlAl PIPE. 2' SIZE III BY CONTRACTOR ENGINE-ORIVEN PUMP y BY CONTRACTOR FOOT VIJ.V(. 2-lNCH SIZE . TYPICAl. VN..VE CN..L -our REFERENCE: 4 56 -GAu.ONS PER MINUTE PER VIJ.VE --VIJ.VF. NUMBER :,.--VIJ.VF. SIZE PER PlANS DESCRIPTlON SPRAY ROTATOR SPRINKl£R ON RISER SPRAY ROTATCR SPRINKliR ON RISER SHUT-OFF / IAAHIIIJ. CONTROL VIJ.VE ON-GRA!JE NON-PRESSURIZED LAlERIJ. UNE PIPE ON-GRAllE PRESSURIZED MAIN UNE PIPE ON-GRAllE LAYFIAT WATER HOSE PORTABLE, SEIF-GENERA~NG PUMP IN-TAKE VIJ.VE REFER TO DErAilS THIS SHEET, AND SI'EilfiCATIONS FOR ADOmDNAL INFORMATION ANO REQUIRENENTS. @ SHUT OFF I CONTROL VAI..VE -NO SCALE SECTION ARC RADIUS .~ GPM 9D 20' 40 0.40 lBO 19' 4D 0.74 SECTION IRRIGATION NOTES '· Wfu:o~~~~~s'ii'/Arm lli:T~-N~'MecAnlffl8~~~tMWH11oo PERIOD. WATER WUl BE APPUEO IN A WAY TO IJ.LOW FOR lHE 'II£AHING OFF' OF ~ 2. IRRJGA~ON WIU. BE CONDUCTED USING A TEIIPORARY MAHUAu.Y-OPERATEO OVERHfAD SPRAY SPRJHKIER S'ISIII.I. J. 4' a~n~ ~n8~ 1!/fls'litfDISI~~~JrH~Ij.g-~~cm1~ ~'fli'k'f/. 5. 6. ~~TIONS ARE IJil.GRAIAIAllC FOR GRAPHIC CLARIJY; WHEREVER POSSIBL£, PLACE IRRJGATION PIPE IN PLANTING 7, ~WJ~RilmsTIONANOEQU.J1E~~EIIENT WITH INDIVIllUAL PlANT PLACEMENT TO MAINTAIN A 2-FODT Cl£ARANCE 8. 9. IRRIGATION EQUIPMENT SHAll BE INSTAu.ED ACCORDING TO THE DETAILS, THESE DRAWINGS, AND THE SPECJ~CATIONS. lill!I; IJ.L METIJ. STABIUZER ASSENIIUES SHAU. BE THOROUGHLY CLEANED AND DU'PfD IN A RUST INHIBIJDR PAINT. @ MAIN LINE I LATERAL LINE PIPE ANCHORING (/) z -' < ~0 1-wF w W<( Cl 0:::0::: Cl oo :z <Cl!i < ClW (/) zo::: w Q~ 1-0 Clz ::z w<C Im <(:::E ::::><( t?w <(~ (/) CITY OF OCEANSIDE HIGHWAY 7a NOT TO SCALE LEGEND: t M VICINITY AP NOT TO SCALE CITY OF VISTA CITY OF SAN MARCOS LOCATION MAP /- / \ I a 0 ••• c,,Fte 44: C/141/4/0 PACIFIC OCEAN CITY OF ENCINITAS couGNI1 SITE ACCESS DRAINAGE EASEMENT L PROJECT NAME PROJECT I EXHIBIT Agua Hedionda Creek Streambank Restoration NUMBER (Special Use Permit SUP 15-02) 6618 PLOTTED BY ALFRED ROMERO PLOT DATE: 4/06/2016 PATH: .2\ROATO70_ALFRED\Deportmetns_Profrets\TRANSPORTATION_DEPT\LOCAROV—MAPS_Faroday—flr—pion\SHERRI—HOWARDS\6618 2 Item #4 September 13, 2016 Page 6 of 6