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HomeMy WebLinkAbout2018-07-10; City Council; ; Award of a contract to Tri Group Construction and Development Inc. for an amount not to exceed $181,000 for the construction of the La Costa Avenue Storm Drain ReplacemenCA Review -H-§ @ CITY COUNCIL . Staff Report . Meeting Date: To: From: Staff Contact: Subject: July 10, 2018 Mayor and City Council Kevin Crawford, City Manager Daniel Zimny, Assistant Engineer Daniel.Zimny@carlsbadca.gov or 760-602-7551 Award of a contract to Tri Group Construction and Development Inc. for an amount not to exceed $181,000 for the construction cf the La Costa Avenue Storm Drain Replacement Program -Storm Drain Improvements East of Piraeus Street. Recommended Action Adopt a Resolution accepting bids and awarding a contract to Tri Group Construction and Development Inc. for an amount not to exceed $181,000 for the construction of the La Costa Avenue Storm Drain Replacement Program -Storm Drain Improvements East of Piraeus Street, Project No. 6602 (Project), and authorizing execution of a Right of Entry Permit with the California Department of Fish and Wildlife. Executive Summary This Project will install a new storm drain pipeline across La Costa Avenue. The Project is a component of the La Costa Avenue Storm Drain Replacement Program which addresses storm drains along the La Costa Avenue corridor and is funded by the Infrastructure Replacement Fund. On March 27, 2018, City Council approved Resolution No. 2018-043 approving the project plans and specifications and authorizing advertisement of the Project for construction bids. The Project was advertised using the formal bidding procedures. Bids were received on May 16, 2018 and the lowest responsive and responsible bidder was Tri Group Construction and Development Inc. with a bid in the amount of $181,000. Carlsbad Municipal Code sections 3.28.080(() and 3.28.080(G)(6) require the City Council to award contracts when the value exceeds $175,000, and therefore the Project is subject to this requirement. Staff'recommends award of the construction contract to Tri Group Construction and Development Inc. A portion of this construction work will encroach upon a property owned by the California Department of Fish and Wildlife (CDFW), Accessor Parcel Number 216-110-32-00. A Right of Entry Permit is warranted and has been prepared by the CDFW for execution by the city. July 10, 2018 Item #5 Page 1 of 33 Discussion This Project will replace two existing curb inlets with larger structures that will be connected by an 18-inch reinforced concrete pipe. The new system will convey the storm runoff under the west and east bound lanes of La Costa Avenue and will flow north into Batiquitos Lagoon. In addition, the new structures will contain trash capture devices to improve the downstream water quality. The construction of these structures will alleviate on-street ponding in accordance with city design standard. On May 16, 2018, 10 sealed bids were received for the construction of this Project as shown in the following table: CONTRACTOR TOTAL BID Tri Group Construction and Development Inc. $181,000 CHI Construction $189,746 Blue Pacific Engineering and Construction $194,125 H7 Contracting and Engineering Inc. $217,830 Bali Construction Inc. $242,020 New Century Construction Inc. $242,775 Scott Michael Inc. $246,042 Pal General Engineering Inc. $249,513 Ramona Paving and Construction Corp. $259,655 Piperin Corp. $263,925 Staff has completed its review of the contract documents and determined Tri Group Construction and Development Inc. is the lowest responsive and responsible bidder. Tri Group Construction and Development Inc. is responsive as it meets the requirements of the bidding documents. The bidder is also deemed responsible as they submitted a list of similar projects to show their capability and qualification to perform the specified work. The construction contract contains general performance standards and references technical specifications, which if not met, allow the city to withhold payment, and includes a one-year warranty period. Fiscal Analysis There are sufficient Infrastructure Replacement Funds available in the La Costa Avenue Storm Drain Replacement Program to complete the Project. A summary of estimated construction costs and available funds is shown in the table below: July 10, 2018 Item #5 Page 2 of 33 LA COSTA AVENUE STORM DRAIN REPLACEMENT PROGRAM, CIP NO. 6602 Current Appropriation -La Costa Avenue Storm Drain Replacement Program, $600,526 CIP No. 6602 Current Year Expenditures/Encumbrances -La Costa Avenue Storm Drain $117,852 Replacement Program, CIP No. 6602 TOTAL AVAILABLE LA COSTA AVENUE STORM DRAIN REPLACEMENT $482,674 PROGRAM, CIP NO. 6602 STORM DRAIN IMPROVEMENTS EAST OF PIRAEUS STREET, PROJECT NO. 6602 Construction Contract $181,000 Construction Contingency $36,000 Construction Management, Inspection and Material Testing (estimated) $64,000 TOTAL ESTIMATED CONSTRUCTION COSTS $281,000 REMAINING BALANCE AFTER PROJECT $201,674 ADDITIONAL APPROPRIATION NEEDED $0 Next Steps Once contract documents are fully executed and a purchase order is issued, staff will schedule a pre-construction meeting with the contractor, and issue a notice to proceed with the construction of the Project. Due to Project restrictions the Project will start no earlier than Sept. 17, 2018. The contract provides for 35 working days to construct the Project improvements. Environmental Evaluation (CEQA) The Project is exempt from environmental review per CEQA Guidelines Section 15303(d), concerning new construction of small structures such as utility extensions and street improvements, Section 15302(c) concerning replacement or reconstruction of existing utility systems involving negligible or no expansion of capacity and Section 15304(f) minor trenching and backfilling where the surface is restored. A Notice of Exemption was filed in the office of the San Diego County Clerk on Jan. 8, 2018, for a 30-day public review. Public Notification This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date. The public will be notified in advance of the construction activities using multiple media methods such as sign age, email, website, and other city communication channels. The construction contractor will also be required to notify the public of construction activities. Exhibits 1. City Council Resolution. 2. Location Map. July 10, 2018 Item #5 Page 3 of 33 RESOLUTION NO. 2018-124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING BIDS AND AWARDING A CONTRACT TO TRI GROUP CONSTRUCTION AND DEVELOPMENT INC. FOR AN AMOUNT NOT TO EXCEED $181,000 FOR THE CONSTRUCTION OF THE LA COSTA AVENUE STORM DRAIN REPLACEMENT PROGRAM -STORM DRAIN IMPROVEMENTS EAST OF PIRAEUS STREET, AND AUTHORIZE RIGHT OF ENTRY PERMIT WITH THE CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE. EXHIBIT I WHEREAS, the City Council of the City of Carlsbad, California, has determined it necessary, desirable, and in the public interest to construct the La Costa Avenue Storm Drain Replacement Program -Storm Drain Improvements East of Piraeus Street, Project No. 6602 (Project); and WHEREAS, on March 27, 2018, the City Council approved Resolution No. 2018-043 approving the project plans and specifications for the construction of the Project; and WHEREAS, the City of Carlsbad received 10 sealed bids on May 16, 2018 for the construction of the Project; and WHEREAS, Tri Group Construction and Development Inc. submitted the lowest responsive and responsible bid to construct the Project in the amount of $181,000; and WHEREAS, there are sufficient funds available in the La Costa Avenue Storm Drain Replacement Program to complete the Project; and WHEREAS, subsections 3.28.040(C)(5) and 3.28.090{B) of the Carlsbad Municipal Code authorize the city manager or designee to approve change orders in the amount equal to the contingency set at the time of the Project award; and WHEREAS, execution of the California Fish and Wildlife Right of Entry Permit is necessary to construct the improvements. 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 of $181,000 submitted by Tri Group Construction and Development Inc. for the construction of the La Costa Avenue Storm Drain Replacement Program -Storm Drain Improvements East of Piraeus Street, Project No. 6602, is accepted and the mayor is hereby authorized to execute a contract for this Project. July 10, 2018 Item #5 Page 4 of 33 3. That the city manager or designee is hereby authorized to approve construction change orders up to $36,000. 4. That the award of this contract is contingent upon the bidder submitting the lowest responsible bid executing the required contract and submitting the required bonds and insurance policies within 20 days of adoption of this Resolution. The city manager may grant reasonable extensions of time. 5. That the mayor is authorized and directed to execute the Right of Entry Permit with the California Department of Fish and Wildlife which is attached hereto as Attachment A. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 10th day of J...!!!y, 2018, by the following vote, to wit: AYES: NOES: ABSENT: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard. None. None. (SEAL) July 10, 2018 Item #5 Page 5 of 33 ATIACHMENT A Agency: California Department of Fish and Wildlife RIGHT OF ENTRY PERMIT Project: La Costa Avenue-Storm Drain Improvements This Right of Entry Permit ("Permit") is made and entered into as of February 13, 2018 between the State of California, acting by and through the California Department of Fish and Wildlife ("State" or "CDFW"), and , City of Carlsbad ("Permittee"). RECITALS A. The State owns, operates, and maintains the Batiquitos Lagoon Ecological Reserve (BLER) in the County of San Diego, State of California; and B. Permittee has applied to State for permission to access BLER for purposes of carrying out Storm Drain Improvements on La Costa Avenue (the "Project"). C. The State desires to accommodate Permittee's application for permission to enter BLER for purposes of the Project, as and to the extent such project is ultimately described in the planning/engineering documents (the "Project Designs") for the Project which are attached hereto as Exhibit B. TERMS AND CONDITIONS This Permit is made upon and subject to the following terms and conditions: 1. Project Description: By this Permit, State gives permission to Permittee to enter upon those lands legally described and depicted on the attached Exhibit A (the "Property") solely for the purpose of the Project, the limits of which are shown on Exhibit A. 2. Permit Subject to Laws and Permits: Permittee shall, at Permittee's sole cost and expense, comply with all municipal, state, and federal authorities now in force or which may hereafter be in force pertaining to the Project and use of the Property as provided by this Permit. This Permit is expressly made subject to any and all applicable laws, statutes, codes, regulations, ordinances, orders, requirements, and regulatory permits or approvals, including any conditions of such permits and approvals issued or required to be issued by such regulatory agencies for or in connection with the Project. All such conditions shall be subject to the prior written approval of State. Prior to entering or commencing any work on the Property, Permittee shall obtain all such legally required permits or approvals and submit to the State full and complete copies of the same, including documentation related to or referenced in such permits and approvals, along with the corresponding agency contact and telephone numbers, and related California Environmental Quality Act ("CEQA") and/or National Environmental Policy Act documentation, if applicable. 3. Term of Permit: This Permit shall only be for the period beginning on September 15, 2018, and ending on November 15, 2020, unless revoked or terminated according to its terms or reasonably extended by written mutual agreement. 4. Consideration: Permittee agrees to pay State the sum of $0.00 and No/100 Dollars as consideration for the rights granted by this Permit. Payment is due upon execution of this Permit. July 10, 2018 Item #5 Page 6 of 33 ATIACHMENT A 5. Permit Subject to Existing Claims: This Permit is subject to existing contracts, permits, leases, licenses, encumbrances, and claims, as well as all matters of record which may affect the Property. 6. Waiver of Claims and Indemnity: This Permit is made on the express condition that the State is to be free from any and all liability by reason of injury or death to persons or loss or damage to property, from whatever cause, arising out of the use by Permittee, its directors, officers, employees, agents, representatives or contractors ("Permittee's Parties") of the Property or any part of it. Permittee, on behalf of itself and each of Permittee's Parties, waives all claims against the State, its directors, officers, employees, agents, representatives and contractors, for injury (including death), loss or damage caused by, arising out of, or in any way connected with the exercise of this Permit or the Project. Permittee covenants and agrees to protect, save harmless, indemnify, and defend the State, its directors, officers, employees, agents, representatives and contractors from and against any and all claims, losses, costs, expenses, damages or liability (collectively, "Claims") caused by, arising out of, or in any way connected with the Project, including any CEQA lawsuits against CDFW, any failure on the part of Permittee to fulfill its obligations under this Permit, and any exercise by Permittee of the rights granted by this Permit, except Claims resulting solely from the willful or grossly negligent acts of the State. Permittee will further cause such indemnification and waiver of claims in favor of the State to be inserted in each contract and agreement that Permittee executes for the provision of equipment, materials or services in connection with the Project. 7. Damage to Lands and Property: Permittee shall be responsible for any damage to lands of the State or third parties resulting from installation, operation, and maintenance of the Project, including, but not limited to soil erosion, collapse or subsidence and damage resulting from it. Permittee shall promptly repair and restore to its original condition any property of the State or any third party, including, but not limited to, levees, roads, bridges, ditches, pipelines, water developments, utilities, buildings, and fences that may be damaged or destroyed in connection with the Project. 8. Hazardous Materials: Without limiting the obligations of Permittee under Paragraph 6 of this Permit, Permittee hereby releases and agrees to indemnify, defend, protect, and hold harmless the State from and against any and all Claims (as defined in Paragraph 6 above) arising from or connected with any Hazardous Materials (as defined below) present, alleged to be present, released in, from, or about, or otherwise associated with the Project or the Property at any time, except any Hazardous Materials placed, disposed, or released by State. This release and indemnification includes, without limitation, Claims for injury to or death of any person or damage to any property; and the violation or alleged violation of, or other failure to comply with, any Environmental Laws '(as defined below). If any action or proceeding is brought against the State by reason of any such Claim, Permittee shall, at the election of and upon written notice from State, defend such action or proceeding by counsel reasonably acceptable to the State or reimburse State for all charges incurred for services of the California Attorney General in defending the action or proceeding. The term "Hazardous Materials" includes, without limitation, any substance, material or waste that is: (a) flammable, explosive or radioactive; (b) a petroleum product or petroleum hydrocarbon, including crude oil, or any product, by-product or fraction thereof; or (c) designated, defined, classified or regulated as a hazardous material, hazardous waste, hazardous or toxic substance, pollutant, contaminant or related material under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. section 9601, et seq.; hereinafter, "CERCLA"); the Resource Conservation and Recovery Act of 1976 (42 U.S.C . section 6901 , et seq.; hereinafter "RCRA"); the Toxic Substances Control Act (15 U.S.C. section 2601 , et seq.; hereinafter "TSCA"); the Hazardous Materials Transportation Act (49 U.S.C . section 5101, et seq.; hereinafter "HTA"); the Hazardous Waste Control Law (Health & Saf. Code section 25100, et seq.; hereinafter "HCL"); the Carpenter-Presley-Tanner Hazardous Substance Account Act (Health & Saf. Code section 25300, et seq.; hereinafter "HSA"), including the regulations adopted and publications promulgated pursuant to such statutes, or any other applicable Environmental Laws now in effect or 2 of 10 July 10, 2018 Item #5 Page 7 of 33 ATIACHMENT A enacted after the date of this Permit. The term "Environmental Laws" includes without limitation, CERCLA, RCRA, TSCA, HT A, HCL, HSA and any other federal, state, local or administrative agency statute, code, ordinance, rule, regulation, order or requirement relating to pollution, protection of human health or safety, the environment, or Hazardous Materials. 9. Contractors: Permittee shall incorporate the terms, conditions, and requirements of this Permit · when contracting out all or any portion of the work permitted hereunder. Permittee shall be responsible for ensuring that all contractors and subcontractors comply with the terms and conditions of this Permit. Failure of any contractor or subcontractor to abide by the terms and conditions of this Permit shall constitute a default by Permittee (see Paragraph 23) allowing State to terminate this Permit and seek all legal remedies. 10. Labor Code Requirements; Prevailing Wage: Permittee understands and agrees that work performed on the Property may be subject to California Labor Code requirements, which include prevailing wage provisions. For more details, please refer to the Department of Industrial Relations (DIR) website at http://www.dir.ca.gov. Permittee shall pay prevailing wage to all persons employed in the performance of any part of the Project if required by law to do so. 11. Insurance Requirements: As a condition of this Permit, and in connection with its indemnification and waiver of claims for the Project, Permittee will provide, and/or cause its contractors to provide, a policy or policies of insurance as follows: COMMERCIAL GENERAL LIABILITY Permittee shall maintain general liability coverage with limits of not less than $1,000,000 per occurrence and $2,000,000 aggregate annually for bodily injury and property damage liability combined. The policy shall include coverage for liabilities arising out of the Project, Property, operations, independent contractors, products, completed operations, personal and advertising injury, and liability assumed under this Permit as an insured contract. The policy must include State of California, the California Department of Fish and Wildlife, and their officers, agents and employees as additional insureds by endorsement, but only insofar as the operations under this Permit are concerned. The additional insured endorsement must be provided with the certificate of insurance. AUTOMOBILE LIABILITY Permittee shall maintain motor vehicle liability insurance with limits of not less than $1,000,000 per accident for bodily injury and property damage. The policy shall name the State of California and the California Department of Fish and Wildlife as additional insureds by endorsement with respect to liability arising out of all vehicles owned, hired and non-owned. The additional insured endorsement must be provided with the certificate of insurance. WORKERS' COMPENSATION Permittee shall maintain statutory workers' compensation and employer's liability coverage for all its employees who will be engaged in the performance of the Project, including special coverage extensions where applicable. Employer's liability limits of $1,000,000 shall be required, and the policy shall include a waiver of subrogation in favor of the State of California and the California Department of Fish and Wildlife. The waiver of subrogation endorsement must be provided with the certificate of insurance. GENERAL REQUIREMENTS Permittee shall ensure that the following general requirements are met: a. Insurance Companies must be acceptable to the Department of General Services, Office of Risk and Insurance Management. 3 of 10 July 10, 2018 Item #5 Page 8 of 33 ATIACHMENT A b. Coverage needs to be in-force for the complete term of this Permit. If insurance expires during the term of the Permit, a new certificate must be received by the State within thirty (30) days of the expiration date of the existing policy. Any new insurance must meet the requirements of this Permit. c. Permittee shall notify the State within five business days of Permittee's receipt of any notice of cancellation or non-renewal of any insurance required by this Permit. d. Permittee is responsible for any deductible or self-insured retention contained within the insurance program. e. In the event Permittee fails to keep in effect at all times the specified insurance coverage, the State may, in addition to any other remedies it may have, terminate this Permit upon the occurrence of such event, subject to the provisions of this Permit. f. Any insurance required to be carried shall be primary, and not excess, to any other insurance carried by the State. g. If Permittee is self-insured in whole or in part as to any of the above described types and levels of coverage, Permittee shall provide State with written acknowledgment of this fact at the time of the execution of this Permit. The State may require financial information to justify Permittee's self-insured status. If, at any time after the execution of this Permit, Permittee abandons its self-insured status, Permittee shall immediately notify State of this fact a_nd shall comply with all of the terms and conditions of this Insurance clause pertaining to policies of insurance in regard to those types and levels of insurance. It is agreed that State shall not be liable for the payment of any premiums or assessments on the required insurance coverage. FIRE AND CASUAL TY DAMAGES. State will not keep improvements (if any) which are constructed or installed by Permittee under the provisions of this Permit insured against fire or casualty, and Permittee shall make no claim of any nature against State by reason of any damage to the business or property of Permittee in the event of damage or destruction by fire or other cause, arising other than from or out of gross negligence or willful misconduct of agents or employees of the State in the course of their employment. 12. Reservation of Rights: State reserves the right to use the Property in any manner, provided such use does not unreasonably interfere with Permittee's rights herein. 13. Access Limits and Special Conditions: Access to the Property and use of roads/trails shall be limited to the route(s) designated by State and as depicted in Exhibits A-C. 14. Notice of Work: Prior to any entry upon the Property for any of the purposes hereinabove set forth, Permittee shall notify the CDFW staff person named below (the "CDFW Representative") in writing at least three (3) business days prior to commencement of work. Permittee shall also notify the CDFW Representative in writing at least forty-eight (48) hours in advance of any change in the project schedule or prior to cessation of work. Gabriel Penaflor 3883 Ruffin Road, San Diego CA 92123 858-467-4249 Gabriel.penaflor@wildlife.ca.gov 15. Limits of Work: In no event shall this Permit authorize work in excess of, contrary to, or that varies from the Project Designs or the terms and conditions of any regulatory agency permit or approval or any other Project documents [Exhibit A&B], approved by State. Under no circumstances, whether or not permitted or authorized by any regulatory agency permit or approval, shall work exceed that 4 of 10 July 10, 2018 Item #5 Page 9 of 33 ATIACHMENT A which is reasonably necessary to carry out the purpose of the Project or extend beyond the Project boundaries as depicted in Exhibit A. The State has issued this Permit in its capacity as the owner of the Property. Nothing in this Permit constitutes regulatory approval of the Project by the State or CDFW. 16. Public Safety: Permittee shall erect orange plastic temporary construction fencing prior to commencement of work to prohibit public access to the construction zone, if applicable. Permittee shall remove such fencing within two (2) days of the completion of work. Permittee shall, or shall cause its contractors or subcontractors to take any and all other necessary and reasonable steps to protect the public from harm due to Project activities. 17. Compliance with Monitoring and Mitigation Measures: Natural resource monitoring and mitigation measures shall be completed in consultation with and to the satisfaction of the CDFW Representative by applicable dates stated in the permit, approval, or other Project document under which the measure is required, if applicable. Activities conducted on the Property authorized by this Permit will comply with all state and federal laws, including but not limited to the California Endangered Species Act (Fish and Game Code section 2808, et seq.), Fish and Game Code section 1600, et seq., CEQA. Unless otherwise authorized by this Permit, all activities conducted on the Property will comply with applicable [Ecological Reserve Regulations set forth in Chapter 11 (commencing with section 550 and 550.5) of Subdivision 2 of Division 1 of Title 14, California Code of Regulations]. State will advise Permittee if any new special status species, threatened/endangered species protocols, or other resource issues are identified on the Property. Permittee shall consult with the State to determine the appropriate level of avoidance/mitigation necessary to protect the resource(s) during future work. 18. Restoration of Property: Permittee shall be responsible for restoration, repair, and revegetation of the Property as specified in the Project Designs in consultation with, and to the satisfaction of, the CDFW Representative, unless otherwise specified, no later than 180 days after completion of the Project. These obligations shall survive the expiration or termination of this Permit 19. Right to Halt Work: The State reserves the right to halt work and require Permittee to carry out restoration, repair, and mitigation measures at any time, with or without prior notice to Permittee, in the event the State determines that any provision contained herein is violated, or any other threat to the Property or its resources, or the health and safety of any person(s) on the Ecological Reserve arises. 20. Use Restrictions: The use of the Property by Permittee and/or Permittee's Parties shall be restricted to the daytime hours between sunrise and sunset on a day-by-day basis, unless otherwise approved in advance in writing by State. Activities on the Property shall be conducted only in a manner consistent with this Permit that will not interfere with the orderly operation of the Ecological Reserve. Permittee agrees to prohibit any disorderly conduct and/or contraband. Contraband includes, but is not limited to: beer, alcoholic beverages, marijuana, illegal and illicit drugs, firearms, explosives, and weapons. Use of specified roads and trails (as identified on Exhibit A) by any motorized vehicle (including but not limited to motorcycle, car, truck, jeep, tractor, or all-terrain vehicle) shall be limited to only the Permittee and Permittee's Parties for patrol, maintenance or repair purposes only and shall be subject to all other conditions and/or restrictions of this Permit. 5 of 10 July 10, 2018 Item #5 Page 10 of 33 ATIACHMENT A Permittee shall not use or allow the Property to be used, either in whole or in part, for any purpose other than as herein set forth, without the prior written consent of CDFW. 21. State's Right to Enter: At all times during the term of this Permit, there shall be and is hereby expressly reserved to State and to any of its agencies, contractors, agents, employees, representatives or licensees, the right at any and all times, and any and all places, to enter upon said Property to survey, inspect, or perform any other lawful State purposes. Permittee agrees to not interfere with State's right to enter. 22. Protection of Property: Permittee shall protect.the Property, including all improvements and the natural resources thereon, at all times at Permittee's sole cost and expense, and Permittee shall strictly adhere to the following restrictions: (a) Permittee may not place or dump garbage, trash or refuse anywhere upon or within the Property, except in self-contained trash receptacles that are maintained to State's satisfaction by Permittee. (b) Permittee may not commit or create, or suffer to be committed or created, any waste, hazardous condition and/or nuisance to occur upon the Property. (c) Permittee may not cut, prune or remove any native trees or brush upon the Property, except actions described in the approved project description, or the elimination of safety hazards, without first obtaining written permission from the CDFW Representative. (d) Permittee may not disturb, move or remove any rocks or boulders upon the Property except for the elimination of safety hazards, without first obtaining written permission from the CDFW Representative. (e) Permittee may not grade or regrade, or alter in any way, the ground surface of the Property, without first obtaining written permission from the CDFW Representative. (f) Permittee may not bait, poison, trap, hunt or engage in any other activity which results in the killing, maiming or injury of animals or wildlife upon the Property, without first obtaining written permission from the CDFW Representative. (g) Permittee shall not generate, use, store, release, or dispose of Hazardous Materials on the Property, or authorize or permit any of the same by any third party. (h) Permittee shall exercise due diligence in the protection of the Property against damage or destruction by fire, vandalism or other cause. 23. Default: In the event of a default or breach by Permittee of any of the terms or conditions set forth in this Permit, State may at any time thereafter, without limiting State in the exercise of any right or remedy at law or in equity which State may have by reason of such default or breach: (a) Maintain this Permit in full force and effect and recover the consideration, if any and other monetary charges as they become due, without terminating Permittee's right to use of the State Property, irrespective of whether Permittee shall have abandoned the Property. (b) Terminate this Permit whereupon Permittee shall immediately vacate and surrender possession of the Property to State. In such event, State shall be entitled to recover from 6 of 10 July 10, 2018 Item #5 Page 11 of 33 ATIACHMENT A Permittee all damages incurred by State by reason of Permittee's default including, but not limited to, the following: (i) any amount necessary to compensate State for all the detriment proximately caused by Permittee's failure to perform its obligations under this Permit or which in the ordinary course of events would be likely to result therefrom; plus (ii) at State's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable law. Upon termination of this Permit, State shall have the right to make any reasonable repairs, alterations, restoration, or modifications to the Property, which State, in its sole discretion, deems reasonable and necessary for the State's use of the Property. 24. State's Right to Cure Permittee's Default: At any time, after Permittee is in default or material breach of this Permit, State may, but is not required to, cure such default or breach at Permittee's cost. If State at any time, by reason of such default or breach, pays any sum or does any act that requires the payment of any sum, the sum paid by State shall be due immediately from Permittee to State at the time the sum is paid by State, and if received from Permittee at a late date shall bear the maximum interest allowed by California law from the date the sum is paid by State until State receives payment from Permittee. 25. Revocation of Permit: State shall have the absolute right to revoke this Permit for any reason upon ten (10) days written notice to Permittee. Written notice to Permittee may be accomplished by electronic or facsimile transmission, and the notice period set forth in this paragraph shall begin on the date of the written notice. If Permittee is in breach of the Permit or owes money to the State pursuant to this Permit, any prepaid monies paid by Permittee to State shall be held and applied by the State as an offset toward damages and/or amounts owed. Nothing stated herein shall limit the State's exercise of its legal and equitable remedies. All written notices to Permittee shall be sent to the following address: Daniel Zimny 1635 Faraday Avenue Carlsbad, CA 92008 760-602-7551 Daniel.zimny@carlsbadca.gov 26. Recovery of Legal Fees: If any action is brought by State to enforce or interpret any provision of this Permit or to restrain the breach of any agreement contained herein, or for the recovery of possession of the Property, or to protect any rights given to the State against Permittee, and if the State shall prevail in such action on trial or appeal, Permittee shall pay to State such amount in attorney's fees in said action as the court shall determine to be reasonable, which shall be fixed by the court as part of the costs of said action. 27. Voluntary Execution and Independence of Counsel: By their respective signatures below each party hereto affirms that they have read and understood this Permit and have received independent counsel and advice from their attorneys with respect to the advisability of executing this Permit. 28. Reliance on Investigations: Permittee accepts this Permit, and the Property to which it pertains, in its as-is condition and has made such investigation of the facts pertaining to this Permit and all the matters pertaining thereto as Permittee deems necessary. 7 of 10 July 10, 2018 Item #5 Page 12 of 33 ATTACHMENT A 29. Entire Agreement: The parties further declare and represent that no inducement, promise or agreement not herein expressed has been made to them and this Permit contains the entire agreement of the parties, and that the terms of this agreement are contractual and not a mere recital. 30. Warranty of Authority: The undersigned each hereby represents that he or she has the authority to, and by signing this Permit does, bind the person or entity on whose behalf and for whom they are signing this Permit and the attendant documents provided for herein, and this Permit and said additional documents are, accordingly, binding on and enforceable against said person or entity. 31. Assignment: This Permit shall not, nor shall any interest herein, be assigned, mortgaged, hypothecated, or transferred by Permittee, whether voluntary or involuntary or by operation of law, nor shall Permittee let or sublet or grant any license of permit with respect to the use and occupancy of the Property or any portion thereof, without the prior written consent of State. 32. Choice of Law: This Permit will be governed and construed by the laws of the State of California. IN WITNESS WHEREOF, the undersigned have executed this Permit effective as of the date first set forth above. STATE OF CALIFORNIA DEFINED. California Department of Fish and Wildlife RM a yfi e Id ~f~~:~~~i~=r~:::::;:i, doc,ment By: Date: 2018-04-03 11 ·00·46 Print Name: Rick Mayfield Title: Environmental Program Manager City of Carlsbad 8 of 10 July 10, 2018 Item #5 Page 13 of 33 Exhibit B See Attached La Costa Avenue Storm Drain Crossing -Restoration Plan ATTACHMENT A 10 of 10 July 10, 2018 Item #5 Page 15 of 33 RESTORATION PLAN FOR THE LA COSTA STORM DRAIN REPLACEMENT PROJECT SAN DIEGO, CALIFORNIA Prepared for: City of Carlsbad Danny Zimny, P.E, Q.S.D Assistant Engineer Public Works -Transportation and Engineering 1635 Faraday Carlsbad, California 92008 Phone: (760) 602-7551 Prepared by: AECOM 401 West A Street, Suite 1200 San Diego, California 92101 Phone: (619) 610-7600 Fax: (619) 610-7601 January 2018 ATIACHMENT A July 10, 2018 Item #5 Page 16 of 33 ATTACHMENT A TABLE OF CONTENTS Section 1.0 GENERAL .......................................................................................................................... 1 2.0 PROJECT INSPECTIONS ................................................................................................. 2 3.0 SITE PREPARATION ........................................................................................................ 3 4.0 SEEDING ........................................................................................................................... 4 5.0 MAINTENANCE AND SUCCESS STANDARDS ........................................................... 6 LIST OF FIGURES Figure La Costa Avenue Storm Drain Replacement Project Restoration Plan ........................................ 10 Restoration Plan for the La Costa Storm Drain Replacement Project LA COSTA STORM DRAIN RESTORATION PLAN J/2412018 Pagei July 10, 2018 Item #5 Page 17 of 33 ATIACHMENT A 1.0 GENERAL This Restoration Plan (Plan) for the La Costa A venue Storm Drain Replacement Project (Project) provides the guidelines for restoration of the coastal sage scrub habitat along the slope of Batiquitos Lagoon on the north side of La Costa A venue that would be impacted by the Project. The primary goal of the Plan is to restore temporary impact areas to a condition at least equal to, or better than, the condition of the habitats prior to possible impacts as a result of the Project. Site restoration will include site preparation, seeding, and a maintenance program. The Plan does not include a temporary irrigation system. To verify sufficient plant cover has re-established and restoration areas are stable, a two-year (24-month) maintenance period is specified. An initial 90-day plant establishment period will be the responsibility of the Contractor. Following completion of the 90-day plant establishment period and approval of success in writing by the Engineer, the City of Carlsbad (City) (via a third-party contract) will assume responsibility for duration of the two-year maintenance and monitoring program. A Biological Monitor will be retained separately by the City. This Plan discusses the installation maintenance and monitoring techniques to be used; provides a seed mix, success criteria and remedial measures if necessary. The Plan also identifies roles and responsibilities of participants. Restoration Plan for the La Costa Storm Drain Replacement Project Page 1 La Costa Stonn Drain Restoration Plan 1/24/2018 July 10, 2018 Item #5 Page 18 of 33 ATIACHMENT A 2.0 PROJECT INSPECTIONS 2.1 Progress inspections will be performed by the project Engineer (or Biological Monitor on behalf of the Engineer). 2.2 The Contractor shall notify the Engineer and Biological Monitor, in writing, at least four working days prior to completion of the work for each stage and shall allow a minimum of three working days for the inspection. 2.3 Progress inspections will be performed at the following stages of work: 2.3.1 After site preparation is completed (as approved by the Biological Monitor) and before seeding begins. 2.3.2 After seeding and before the plant establishment period and two-year maintenance period begins. 2.3.3 At intervals of one month during the first 90-days. 2.3.4 At the completion of the 90-day plant establishment period Restoration Plan for the La Costa Storm Drain Replacement Project Page2 La Costa Stom1 Drain Restoration Plan J/2412018 July 10, 2018 Item #5 Page 19 of 33 ATTACHMENT A 3.0 SITE PREPARATION Once construction of the new storm drain system is complete, site preparation can commence. 3. I Appropriate erosion control materials ( e.g., straw wattles) shall be installed. 3 .2 Prior to planting and seeding, all weeds, trash, and debris shall be removed from restoration areas. 3.3 Weeds (nonnative species) shall be killed/eradicated before they reach the seed stage of growth or exceed 6 inches in length, whichever occurs first. Weeds shall be eradicated through hand-removal, or herbicide for those weeds that require herbicide to kill them (e.g., arundo [Arundo donax], fennel Foeniculum vulgare], etc.). 3.4 Herbicide shall be a glyphosate approved for use by waters. Herbicide shall be overseen by a licensed Pest Control Advisor and applied by a certified Pest Control Applicator. 3.5 Weeds that re-establish after the initial weed control and before seeding will also be killed and removed. The Contractor shall confirm that the site is weed-free before seeding. Restoration Plan for the La Costa Storm Drain Replacement Project Page 3 La Costa Stonn Drain Restoration Plan J/2412018 July 10, 2018 Item #5 Page 20 of 33 ATIACHMENT A 4.0 SEEDING 4.1 Prior to seeding, the Contractor, Engineer, and Biological Monitor shall confirm the seeding areas based on post-construction as-built conditions. 4.2 Seeding shall occur between the months of November and April. If seeding and planting cannot occur during this period, additional measures may be required by the Biological Monitor and Engineer to facilitate erosion control and plant establishment (i.e., increased erosion control measures, irrigation, etc.), at no additional cost to the Owner. 4.3 Seed shall be supplied by a licensed seed company. 4.4 Seed shall be delivered to the site in unopened separate containers with the seed tag attached. 4.5 The seed tag shall list the species, collection location, quantity (pounds [lbs.]), and purity and germination percentages. Containers without a seed tag will not be accepted. 4.6 Once the correct individual species and quantities are verified by the Biological Monitor, the respective seed mixes will be mixed. 4.7 The restored area will be hand-seeded 4.7.1 The soil surface shall be roughened. 4.7.2 Seed shall be mixed with sand and evenly applied with a hand-held spreader. 4.7.3 Seed shall be incorporated into the soil to a depth of Y4 inch by raking. Restoration Plan for the La Costa Storm Drain Replacement Project Page4 La Costa Sto1111 Drain Restoration Plan 1/2412018 July 10, 2018 Item #5 Page 21 of 33 ATTACHMENT A 4.9 The specified seed mixes are listed below: Coastal Sage Scrub Seed Mix for La Costa Avenue Storm Drain Replacement Project Lbs of pure live Minimum Percent seed (PLS) per Scientific Name Common Name Bulk lbs/acre Purity/Germination1 Acre Baccharis pilularis Coyote bush 5 10/50 0.25 Isocoma menziesii Goldenbush 5 18/40 0.36 Artemisia californica California sagebrush 15 30/60 2.7 Salvia mellifera Black sage 10 85/50 4.25 Acmispon glaber Deer weed 15 95/80 11.4 l TOTAL 50 18.96 .. Mm1mum percent punty and germmat1on from S&S Seeds 4.9 .1 Seed shall be collected from western San Diego County (within 5 miles of site). If seed from within 5 miles of the site is not commercially available, the closest seed collection to the site that is commercially available shall be used. 4.9.2 The amount of bulk seed for the site shall be adjusted based on the purity and germination percentages for each species so that the specified pounds of pure live seed (PLS) per acre is met. 4.9.3 Only the Biological Monitor and Engineer may approve potential substitutions or quantity adjustments. Restoration Plan for the La Costa Storm Drain Replacement Project Page 5 La Costa Stom, Dra;n Restoration Plan J/2412018 July 10, 2018 Item #5 Page 22 of 33 ATTACHMENT A 5.0 MAINTENANCE AND SUCCESS STANDARDS 5 .1 After the Engineer confirms in writing that the restoration installation work is complete, the 90-day plant establishment period will begin. The primary standards for the restored habitat are establishment of native species, erosion control and eradicating problematic invasive exotics. 5 .2 The Contractor is responsible for plant care (watering if necessary); weed control, debris and trash removal, and erosion control to meet the success standards. 5.3 The Contractor has the option of watering (e.g., hand watering or water truck) seeded areas within restoration areas to promote the restoration process. 5.4 All weed species within the restored area shall be controlled by hand pulling or herbicide application, if chemical treatment is needed to kill particular weed species. Weeds shall be controlled before they set seed or become 6 inches in length. Weed debris will be properly disposed of offsite. 5.5 The Biological Monitor will provide a list to the Contractor (monthly) of weed species that need to be eradicated. 5.6 During the maintenance period, the Contractor shall remove all debris and trash from the restoration areas. Organic debris (e.g., stems and branches) may be left in place. 5.7 During the maintenance period, the Contractor shall maintain erosion control materials, repair erosion, and install additional erosion control materials as necessary and at the discretion' of the Engineer. Erosion control materials could include, but are not limited to: straw wattles, gravel bags, and/or mulch. Restoration Plan for the La Costa Storm Drain Replacement Project Page 6 IA Costa Sto1111 Drain Restoration Plan J/2412018 July 10, 2018 Item #5 Page 23 of 33 ATIACHMENT A 5.8 Success standards for the maintenance period are provided below: 90-Day Plant Remedial Measure Establishment if Standards are Success Standard Period Year One Year Two Not Being Met Seed Germination 15 percent cover 50 percent cover 80 percent cover Re-seed as needed; and Cover from seeded species from Seeded species from seeded species increase plant care and volunteers and Volunteers and Volunteers ( e.g., watering) as (native species and (native species and (native species and needed. non-problematic non-problematic non-problematic weeds) weeds) 80 percent weeds) cover from seeded species and Volunteers (native species and non- problematic Weed Control Cover of Cover of 0 percent cover of Increase weed problematic invasive problematic Invasive problematic invasive control of exotics under 5 exotics under 1 exotics problematic invasive percent percent exotics. Trash and Debris No trash or debris No trash or debris No trash or debris Remove trash and debris as needed Erosion Control No gully/rill No gully/rill No gully/rill Repair erosion and formation or formation or formation or install and maintain associated sediment associated sediment associated sediment appropriate erosion transport transport transport control materials to prevent erosion. 5 .8.1. The initial plant establishment period of 90-days is the responsibility of the Contractor. Following successful completion of the Plant Establishment Period, the remaining maintenance and monitoring requirements will be the responsibility of the City. 5.8.2. Problematic invasive exotics are defined here as plants listed by Cal-IPC as "moderate" or "high" threats to California wildlands; www.cal-ipc.org. 5.9 The Engineer (in consultation with the Biological Monitor) shall determine if success standards are being met. 5 .10 If success standards are not being met at the specified milestone periods, the Contractor shall implement necessary remedial measures within l O working days. 5.11 To meet success standards, the Contractor is responsible (at no additional cost to the Owner) for implementing a single measure or a combination of measures. Restoration Plan for the La Costa Storm Drain Replacement Project Page 7 La Costa Stom1 Drain Restoration Plan J/2412018 July 10, 2018 Item #5 Page 24 of 33 ATTACHMENT A 5.12 If final success standards have not been met by the end of the plant establishment period, the maintenance period will be extended until appropriate remedial measures have been implemented by the Contractor and the Engineer (in consultation with the Biological Monitor) confirms success standards have been achieved and the plant establishment period is complete. Restoration Plan for the La Costa Storm Drain Replacement Project Page 8 I.A Costa Stonn Drain Restoration Plan 1/2412018 July 10, 2018 Item #5 Page 25 of 33 ATIACHMENT A FIGURE July 10, 2018 Item #5 Page 26 of 33 Exhibit C See Attached Construction Plans for La Costa Avenue -Storm Drain Improvements ATIACHMENT A 10 of 10 July 10, 2018 Item #5 Page 28 of 33 June 26, 2018 To: From : Vi a: Re: To the members of the: CITY COUNCIL ACM v°CA /'cc ./ Date 1 -10·/(c CM v coo L Council Memorandum Honorable Mayor Ha ll and Members of the City Council Gary Barberio, Assistant City Manage~~ /"Ji __,,, Elaine Lu key, Acting Chief Operations Officer~ Responses to Questions from July 10 City Council Briefings Agenda Item No. 1 -Bu ena Vista Channel Maintenance {city of Carlsbad Qu estion 1: When was the last time channel maintenance was performed? Answer: Channel maintenance is performed every ye ar, w ith vegetation remove d by . ,, hand from one-fifth of the northern half of the channel each year. Question 2: Are the properties in Oceanside included in the district and are they assessed? Answer: Yes. Agenda Item No. 5 -La Costa Avenue Storm Drain Replacement Program Question 1: Is this project subject to the city's adopted Integrated Pest Management Progr am requirements? Specifically, are Sect ions 3.0 and 5.0 of the Restoration Plan consistent w it h t he _IPM? Answer: Yes, the project is subject to the 1PM. No, Sections 3.0 and 5.0 are inconsistent with the 1PM and city staff has prepa red the attached "S upplemental Information" document to address this issue. Question 2 : What is the construction-·schedule? Answer: Construction cannot st art until after September 17, 2018, due t o project environmental restrictions, and it will take 35 working days (approximately 7 weeks) to complete the project. Agenda Item No. 6 -Traffic Calming Plans for Daisy Ave and Harbor Dr Question: Is the city planning t o install any traffic control signage on Chinquapin Ave near the intersection with Harbor Drive? Answer: The cit~ is preparing a City Council Inquiry response to this question which will be distribut ed to the City Coun ci l once it is completed. Agenda Item No. 8 -Recycled Water Phase Ill Pipeline Expansion Segment 5 {NOTE: This Item is being rescheduled for the July 24, 2018 City Council meeting) Question: What is the construction schedule? Answer: Actual construction on the project is not likely to sta rt until Janu ary 2019 an d finish in the Spring of 2020. City Manager's Office City Hall 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2820 t Mr./Ms. Last name Feb.27,2014 Page 2 Agenda Item No. 9 -Street Lighting and Landscaping District No. 1 Question: How does the city ensure that the Business Parks and HOA's that have assumed responsibility for maintaining medians and parkways within the.ir boundaries are doing so in a manner consistent with city standards? - Answer: The city does not regularly inspect the maintenance practices of any Business Parks and/or HOA's that assume tree and median maintenance responsibilities via a formalized agreement with the city. The Business Parks and/or HOA's assume all liability for their maintenance activities and indemnify the city against any claims. Agenda Item No. 11-Grand Pacific Palisades Resort Question 1: Does the Carlsbad Ranch Specific Plan1 (CRSP) have an architectural design standard for this planning area? Answer: Yes, the CRSP requires Mediterranean architecture in Planning Area 3. Question 2: Did the California Coastal Commission review the project specific to lower cost visitor-serving recreational uses? Answer: Not directly, but, at staff's direction, the applicant prepared an affordable accommodations analysis for the project based on and consistent with methodologies and assumptions in analyses submitted for other recent projects and accepted by the Cal Coastal Commission, with new data pertinent to the current project. Agenda Item No. 12 -Village and Barrio Master Plan Question 1: What definition/description of "mobility hub" does the Plan utilize? Answer: Appendix A (Definitions) of the Master Plan defines a mobility hub as "a transportation center that provides an array of transportation services, amenities and design enhancements that bridge the gap between transit and where people live, work and play." Mobility hub, is a conditionally-permitted land use in the VC district. The appendix also defines mobility support services as a land use, "or combination of uses, that directly supports the mobility needs of residents, workers, and visitors to the Village and Barrio Master Plan area. Sµch use, or combination of uses, addresses 'first mile/last mile' limitations faced by transit riders by providing services to get them from their point of origin or to their final destination." Such uses include 1:ar-share, bike-share, electric vehicle charging stations (EVCS) (including electric bicycles), demand-based shuttle or trolley services, pedestrian and bicycle comfort stations, and secure bicycle parking. Mobility support services are conditionally-permitted in the HOSP, VC, VG, and FC districts. Mobility hubs and mobility support services as described in the Master Plan are intended to support SANDAG's Regional Mobility Hub Strategy contained in the San Diego Forward: The Regional Plan. Question 2: Was the Plan presented to the Traffic Safety Commission? If so, was it presented as in information item or as an action item? \ Mr./Ms. Last name Feb.27,2014 Page 3 Answer: The traffic Safety Commission (TSC) received a presentation on the draft Village and Barrio Master Plan process on September 8, 2014. The purpose of the presentation was to inform the TSC about the update process, community outreach steps and overall timeline. Staff also requested that1the TSC designate a Commissioner or two to participate in the interview process conducted by the city's consultant team. Commissioners Muir and Hunter agreed to participate in the interviews. In addition, the Traffic Safety Commission received a report for discussion and comment on the draft Village, Barrio and Beach Parking Study and Parking Management Plan on August 7, 2017. No formal action was taken on the item. Question 3: Has Caltrans released their guidelines for "cycle tracks"? Answer: CalTrans issued its initial guidance for Class IV Bikeways (Separated Bikeways/Cycle Tracks) in December 2015 (Design Information Bulletin No. 89). The introduction to the guidance states that "The Federal Highway Administration (FHWA) publication Separated Bike Lane Planning and Design Guide (FHWA Guide) should be used to design separated bikeways ... The FHWA Guide used the Urban Bikeway Design Guide, a National Association of City Transportation Officials (NACTO) publication, as part of its source material. The NACTO publication also provides additional guidance not covered in this DIB [Design Information Bulletin]. The use of that guidance, coupled with sound engineering judgment, can be used in collaboration with the guidance in this DIB (p. 1}." Staff utilized the FHWA guide referenced in the CalTrans DIB in developing the plan level conceptual recommendations for Class IV Separated Bikeways (Cycle Tracks) in the Master Plan. Note that CalTrans issued updated Class IV Bikeway guidance as_DIB 89-01 on May 3, 2018. City staff will utilize the most current CalTrans guidance available at the time project level design plans are developed. Question 4: Does the State Department of Alcohol Beverage Control (ABC) have any standards regulating the concentration/density of alcohol-serving establishments (breweries, distilleries, wineries, restaurants with alcohol, etc.) in a given geographical location? Answer: Breweries, wineries, and distilleries are regulated as alcohol manufacturers and, unlike retail (on-sale or off-sale) licensees, are not subject to license overconcentration limits for a given area. In other words, there are no spacing requirements or a statutory limit on the number of licensed beer/wine/distilled spirits manufacturers in a census tract. However, the local ABC district supervisor advised staff that in their investigation of a manufacturers license, the ABC will evaluate whether a proposed location is within 100 feet of a residence and may impose conditions/restrictions on the licensee to mitigate potential impacts to nearby residents. Staff was also informed that, unlike for a retail license, the ABC cannot require the applicant for a beer/ wine/ distilled spirits manufacturer type license to obtain zoning clearance from the local jurisdiction prior to issuance of the license. It is however, ABC practice to advise their applicants to check with the locality regarding land use permit requirements. ABC will also provide notice to the local jurisdiction (typically the police department) when a license Mr./Ms. Last name Feb. 27, 2014 . Page 4 application has been made, but zoning approval is not a pre-requisite to ABC issuance of a non- retail, manufacturer license. Question 5: Was Exhibit 13 -Public Comments to the Staff Report available to the public? Answer: Yes. Exhibit 13 was listed in the Staff Report as "on file in the Office of the City Clerk" and was available there in hard copy. In addition Exhibit 13 was electronically posted on the city website 91ong with the rest of the Agenda items for the July 10, 2018 City Council meeting (link to Exhibit 13: http:ljwww.carlsbadca.gov/cityhall/clerk/meetings/default.asp ). Question 6: What is the proposed master plan's relationship to the recently approved Arts & Culture Master Plan? Answer: Planning Division and Cultural Arts Office staff worked together during the drafting of both master plans to ensure coordination of both documents. A review of the recently approved Arts & Culture Master Plan and the proposed Village and Barrio Master Plan verifies consistency. ( Attachment: Item 5 -La Costa Avenue Storm Draine cc: City Attorney City Manager ( Cicyof Carlsbad Memorandum July 10, 2018 To: From: Via Re: Mayor and City Council Members Daniel Zimny, Assistant Engineer/Marshall Plantz Transportation Director James Wood, Acting Public Works Director Additional Material/Information Regarding Staff Report Item #5 -Award of a contract to Tri Group Construction and Development Inc. for an amount not to exceed $181,000 for the construction of the La Costa Avenue Storm Drain Replacement Program -Storm Drain Improvements East of Piraeus Street. The subject staff report includes the approval of a Right of Entry permit (Permit) from the California Department of Fish and Wildlife (CDFW) to facilitate the construction of the storm drain system. The Right of Entry permit includes a Restoration Pian, for area~ that may be disturbed during construction, which was prepared by the City and provided to the CDFW for inclusion in the Permit. The published version of staff report included an outdated version of the Restoration Plan. The updated/current version of the Restoration Plan is dated March 2018 and it was prepared to reflect the updated/current Integrated Pest Management (1PM) plan which was approved by the City Council on December 5, 2017. The updated Restoration Plan replaces language that referenced the use of glyphosate herbicides and replaces it with language that is consistent with the city's current 1PM plan. In particular Sections 3 and 5 of the Restoration plan were revised as follows: 3.0 SITE PREPARATION Once construction of the new storm drain system is complete, site preparation can commence. 3.1 Appropriate erosion control materials (e.g., straw wattles) shall be installed. 3.2 Prior to planting and seeding, all weeds, trash, and debris shall be removed from resto'ration areas. 3.3 '."leeds (nonnative species) shall be killed/eradicated before they reach the seed stage of gro•1rth or exceed 6 inches in length, ',¥hichever occurs first. \t'leeds shall be eradicated through hand remo11al, or herbicide for those \•reeds that require herbicide to kill them (e.g., arundo [Arundo donax], f.ennel Foeniculum vulgare], etc.). Weeds (nonnative species) shall be killed/eradicated before they reach the seed stage of growth or exceed 6 inches in length, whichever occurs fir~t. Weeds shall be eradicated through hand-removal whenever possible. Removal of difficult, perennial species will be removed using methods consistent with the City's current Integrated Pest Management Plan (1PM). 3.4 Herbicide shall be a glyphosate approved for use by ,.,,,aters. Herbicide shall be overseen by a licensed Pest Control Advisor and applied by a certified Pest Control Applicator. Herbicide approved for use by waters may be used if consistent with the 1PM, with authorization from the City biologist. Herbicide shall be overseen by a licensed Pest Control Advisor and applied by a certified Pest Control Applicator. 3.5 Weeds that re-establish after the initial weed control and before seeding will als? be killed and removed in a manner consistent with the 1PM. The Contractor shall confirm that the site is weed-free before seeding. 5.0 MAINTENANCE AND SUCCESS STANDARDS 5.1 After the City biologist confirms in writing that the restoration installation work is complete, the 90-day plant establishment period will begin. The primary standards for the restored habitat are establishment of native species, erosion control and eradicating problematic invasive exotics. 5.2 The Contractor is responsible for plant care (watering if necessary); weed control, debris and trash removal, and erosion control to meet the success standards. 5.3 The Contractor has the option of watering (e.g., hand watering o~ water truck) seeded areas within restoration areas to promote the restoration process. 5.4 All weed species •.vithin the restored area shall be controlled by hand pulling or herbicide application, if chemical treatment is needed to kill particular weed species. Weeds shall be controlled before they set seed or become €i inches in length. Weed debris 'ti.till be properly disposed of offsite. All weed species within the restored area shall be controlled by hand pulling or other methods consistent with the City's 1PM. Weeds shall be controlled before they set seed or become 6 inches in length. Weed debris will be properly disposed of offsite. 5.5 The BiologicafMonitor will provide a list to ~he Contractor (monthly) of weed species that need to be eradicated. 5.6 During the maintenance period, the Contractor shall remove all debris and trash from the restoration areas. Organic debris (e.g., stems and branches) may be left in place. 5.7 During the maintenance period, the Contractor shall maintain erosion control materials, repair erosion, and install additional'erosion control materials as necessary and at the discretion of the City biologist. Erosion control materials could include, but are not limited to: straw wattles, gravel bags, and/or mulch. The updated/current version of the Restoration Plan will be incorporated into the Permit for execution by the City and the CDFW. C: City Manager City Attorney City Clerk Services Manager