HomeMy WebLinkAbout2018-07-10; City Council; Resolution 2018-124RESOLUTION 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
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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.
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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
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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.
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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
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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.
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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
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July 10, 2018 Item #5 Page 13 of 33
Exhibit B
See Attached
La Costa Avenue Storm Drain Crossing -Restoration
Plan
ATTACHMENT A
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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
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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.
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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.
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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.
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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.
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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.
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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.
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ATIACHMENT A
FIGURE
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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