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Home My WebLink AboutI O Environmental and Infrastructure Inc; 2013-11-01; PWS13-48PKS1? RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: ^ CityClerk I (»^(^"\ City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOCtt 2014-04 lllllllllllllllllllllllllllllllllllllllllllll 0724 lllllllllllllll SEP 23, 2014 10:24 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE ErneslJ. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: 1 Space above this line for Recorder's use. PARCEL NO: 168-020-6500 NOTICE OF COMPLETION Notice is hereby given that: 1. 2. 3. 4. 5. 6. The undersigned is owner of the interest or estate stated below in the property hereinafter described. The full name of the undersigned is City of Carlsbad, a municipal corporation. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. The nature of the title of the undersigned is: In fee. A work or improvement on the property hereinafter described was completed on July 24,2014. The name of the contractor for such work or improvement is I.O. Environmental and Infrastructure, Inc. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Lake Calavera Trails Boardwalk and Wetland Mitigation, Project No. 3866. The street address of said property is 3825 Tamarack Avenue in the City of Carlsbad. CITY QF CARLSBAD Director -Recreation VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Council of said City on vSiz^-^g/oi 9 . 20 . accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on , at Carlsbad, California. OFCARISBAD At 6 D\,l3>( BARBARA City Clerk GLESON Word\Masters\Forms\Notice of Completion (City) c c CITY OF CARLSBAD SAN DIEGO COUNTY CALIFORNIA CONTRACT DOCUMENTS AND SUPPLEMENTAL PROVISIONS C FOR LAKE CALAVERA TRAILS BOARDWALK AND WETLAND RESTORATION PROJECT NO. 38661 BID NO. PWS13-48 PKS 0*L ¥ Revised 1/30/13 Bid No. PWS 13-48 PKS Page 1 of 131 Pages INFORMATION TO BIDDERS ^^^^ Questions on the bid documents during the bid period shall be submitted in writing, via facsimile, solely to: Steven Jantz Associate Engineer Fax No. 760-434-5088 Questions shall be definite and certain and shall reference applicable drawing sheets, notes, details, or specification sections. The cutoff date to submit questions regarding this project is 5:00 PM, August 16, 2013. No questions will be entertained after that date. The answers to questions submitted during the bidding period will be published in an addendum and provided to those bidding on the project 1 week prior to bid opening. For additional information concerning questions on the bid documents, refer to Notice Inviting Bids, page 7. Revised 1 /30/13 Bid No. PWS 13-48 PKS Paqe 2 of 131 Paaes TABLE OF CONTENTS Item Page Notice Inviting Bids 7 Project Description 11 Contractor's Proposal 12 Bid Security Form 17 Bidder's Bond to Accompany Proposal 18 Guide for Completing the "Designation of Subcontractors" Form 20 Designation of Subcontractor and Amount of Subcontractor's Bid Items 22 Bidder's Statement of Technical Ability and Experience 23 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation 24 Bidder's Statement Re Debarment 25 Bidder's Disclosure of Discipline Record 26 Non-collusion Declaration to Be Executed by Bidder and Submitted with Bid 28 Contract Public Works 29 Labor and Materials Bond 35 Faithful Performance/Warranty Bond 37 Optional Escrow Agreement for Surety Deposits in Lieu of Retention 39 Revised 1 /30/13 Bid No. PWS 13-48 PKS Page 3 of 131 Pages GENERAL PROVISIONS Section 1 Terms, Definitions Abbreviations and Symbols 1-1 Terms 42 1-2 Definitions 43 1-3 Abbreviations 47 1- 4 Units of Measure 50 Section 2 Scope and Control of The Work 2- 1 Award and Execution of Contract.. 52 2-2 Assignment 52 2-3 Subcontracts and Habitat Restoration Contractor Minimum Qualifications 52 2-4 Contract Bonds 54 2-5 Plans and Specifications 55 2-6 Work to be Done 58 2-7 Subsurface Data 58 2-8 Right-of-Way 58 2-9 Surveying 59 2-10 Authority of Agency and Engineer 59 2- 11 Inspection 60 Section 3 Changes In Work 3- 1 Changes Requested by the Contractor 61 3-2 Changes Initiated by the Agency 61 3-3 Extra Work. 62 3-4 Changed Conditions 65 3- 5 Disputed Work 66 Section 4 Control of Materials 4- 1 Materials and Workmanship 70 4- 2 Materials Transportation, Handling and Storage 74 Section 5 Utilities 5- 1 Location 75 5-2 Protection 75 5-3 Removal 76 5-4 Relocation 76 5-5 Delays 77 5- 6 Cooperation 77 Section 6 Prosecution, Progress and Acceptance of the Work 6- 1 Construction Schedule and Commencement of Work 78 6-2 Prosecution of Work 81 6-3 Suspension of Work 82 6-4 Default by Contractor 82 6-5 Termination of Contract 83 6-6 Delays and Extensions of Time 83 6-7 Time of Completion 84 6-8 Completion, Acceptance, and Warranty 85 6-9 Liquidated Damages 85 6-10 Use of Improvement During Construction 86 Revised 1/30/13 Bid No. PWS 13-48 PKS Page 4 of 131 Pages Section 7 Responsibilities of the Contractor 7-1 Contractor's Equipment and Facilities 87 7-2 Labor 87 7-3 Liability Insurance 87 7-4 Workers' Compensation Insurance 87 7-5 Permits 88 7-6 The Contractor's Representative 88 7-7 Cooperation and Collateral Work 88 7-8 Project Site Maintenance 89 7-9 Protection and Restoration of Existing Improvements 91 7-10 Public Convenience and Safety 91 7-11 Patent Fees or Royalties 97 7-12 Advertising 97 7-13 Laws to be Observed 97 7- 14 Antitrust Claims 98 Section 8 Facilities for Agency Personnel 8- 1 General 99 Section 9 Measurement and Payment 9- 1 Measurement of Quantities for Unit Price Work 100 9-2 Lump Sum Work 100 9-3 Payment 100 9-4 Bid Items 103 Revised 1/30/13 Bid No. PWS 13-48 PKS Page 5 of 131 Pages SUPPLEMENTAL PROVISIONS TO PART 2 AND 3 OF THE SSPWC Part 2 Construction Materials Section 212 Landscape and Irrigation Materials 212-1 Landscape Materials 104 212-2 I rrigation System Materials 110 PART 3 Construction Methods Section 300 Earthwork 300-1 Clearing and Grubbing 112 300-2 Unclassified Excavation 112 300-3 Structure Excavation and Backfill 114 300-9 Geotextiles for Erosion Control 114 300-13 Storm Water Pollution Prevention Plan 116 Section 308 Landscaping and Irrigation Installation 119 308-4 Planting 119 308-5 I rrigation System I nstallation 119 308-6 Maintenance and Plant Establishment 121 308-7 Guarantee 122 308-8 Measurement and Payment 124 308-9 Wetland Mitigation 124 Appendix A - Construction plans entitled "Construction Plans for Lake Calavera Boardwalk Trail and Restoration" consisting of 21 sheets including construction specifications. Appendix B - Lake Calavera Trails Boardwalk Habitat Mitigation & Monitoring Plan Appendix C - Diamond Pier Foundation System Installation Manual 2012 Appendix D - Carlsbad Storm Water Compliance Forms-Tier 1 Construction SWPPP Appendix E - Regulatory Agency Permits on file at the Carlsbad Parks and Recreation Administration office. Appendix F - Geotechnical Evaluation Lake Calavera Boardwalk Trail Carlsbad California prepared by Ninyo & Moore, Geotechnical and Environmental Sciences Consultants dated July 2, 2013 on file at the Carlsbad Parks and Recreation Administration office. V Revised 1 /30/13 Bid No. PWS 13-48 PKS Page 6 of 131 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS UNTIL 2:00 PM ON AUGUST 28, 2013, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located at the first floor lobby, at which time they will be opened and read, for performing the work as follows: Construction of approximately 975 lineal feet of elevated boardwalk and establishment of southern live oak riparian forest, southern willow scrub, freshwater marsh habitat and upland buffer within the proposed limits of work. Restoration shall occur in the boardwalk temporary impact areas and in degraded habitats as depicted on the plans. Contractor shall complete all work including exotic/weed removal, debris removal, wetland grading, elevated boardwalk construction, planting/seeding and irrigation installation per the plans and specifications. Contractor bids shall include all labor, materials, equipment, deliveries, and any permits as necessary for a complete installation ofthe work outlined on the plans and Contract documents. LAKE CALAVERA TRAILS BOARDWALK AND WETLAND RESTORATION PROJECT NO. 38661 BID NO. PWS13-48 PKS INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per Contract. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans, provisions, and specifications as approved by the City Council of the City of Carlsbad and on file with the Parks and Recreation Department. The specifications for the work include City of Carlsbad Technical Specifications as provided on the plans and the Standard Specifications for Public Works Construction. Parts 2 & 3^ current edition at time of bid opening and the supplements thereto as published bv the "Greenbook" Committee of Public Works Standards, Inc.. all hereinafter designated "SSPWC", as amended. Specification Reference is hereby made to the plans and specifications for full particulars and description of the work. The General Provisions (Part 1) to the SSPWC do not apply. Revised 1/30/13 Bid No. PWS 13-48 PKS Page 7 of 131 Pages particulars and description of the work. The General Provisions (Part 1) to the SSPWC do not apply. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly executed including notarization, where indicated. 1. Contractor's Proposal 2. Bidder's Bond 3. Designation of Subcontractor and Amount of Subcontractor's Bid 4. Bidder's Statement of Technical Ability and Experience 5. Acknowledgement of Addendum(s) 6. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this Contract. 7. Bidder's Statement of Re Debarment 8. Bidder's Disclosure of Discipline Record 9. Non-collusion Declaration 10. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) ENGINEER'S ESTIMATE: All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and sen/e solely as a basis for the comparison of bids. The Engineer's Estimate is $351.840. TIME OF COMPLETION: The contractor shall complete the Work within the time set in the Contract as defined in the General Provisions Section 6-7. Due to the nature of the project and the requirements for the project to begin and complete work within the typical normal rainy season for the state of California, the contractor is hereby made aware that there are requirements and specifications that the contractor must meet in accordance with the specifications that shall adhere to a strict construction schedule for implementation and completion of the project. SPECIALTY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all Contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the Contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this Contract: Classification Description A General C-27 Landscaping Revised 1 /30/13 Bid No. PWS 13-48 PKS Page 8 of 131 Pages ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the Contract documents in lieu of the usual 5% retention from each payment, these documents must be completed and submitted with the signed Contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $35.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other Contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which wili be mailed or delivered to each person receiving a set of the Contract documents. No oral response will be made to such inquiry. Prior to the award of the Contract, no addition to, modification of or interpretation of any provision in the Contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. REJECTION OF BIDS The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. THE PAYMENT OF PREVAILING WAGES IS NOT REQUIRED The City of Carlsbad is a Charter City. Carlsbad Municipal Code Section 3.28.130 supersedes the provisions of the California Labor Code when the public work is not a statewide concern. The City Council has determined that it is not in the best interest of the city to require the payment of prevailing wages for this project. Payment of prevailing wages is at contractor's discretion. PRE BID MEETING A mandatory pre-bid meeting and tour of the project site will be held as follows: July 31, 2013 1:30 - 2:30 p.m. City of Carlsbad Faraday Bldg. Room 173-A 1635 Faraday Ave Carlsbad CA 92008 A field tour will be conducted immediately following the pre-bid meeting with representatives from the city and the Center for Natural Lands Management (CNLM). UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. Revised 1/30/13 Bid No. PWS 13-48 PKS Page 9 of 131 Pages ADDENDUMS Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) ofthe total amount payable by the terms ofthe Contract. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the General Provisions section of this Contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this Contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover anv vehicle used in the performance of the Contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Workers' compensation insurance required under this Contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the Contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the Contract, within twenty days of bid opening. Ifthe Contractor fails to comply with these requirements, the City may award the Contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. BUSINESS LICENSE ^.^ ^ The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration ofthe Contract. Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2013-173, adopted on the 9^^ day of July, 2013. July 15, 2013 •ate Deputy City Clerk Revised 1 /30/13 Bid No, PWS 13-48 PKS Page 10 of 131 Pages CITY OF CARLSBAD LAKE CALAVERA TRAILS BOARDWALK AND WETLAND RESTORATION PROJECT NO. 38661 BID NO. PWS 13-48 PKS Project Description: The City of Carlsbad proposes to construct an above ground boardwalk trail that is part of the improvement to the existing multi-use recreational trail system within the city owned Lake Calavera Preserve. The approximate 262-acre Lake Calavera Preserve is located in the northeastern segment of the city adjacent to the City of Oceanside. The Lake Calavera Trails Master Plan was approved in January, 2010 and includes recommenda- tions for improvement and maintenance to approximately 6-miles of existing trails to accommodate hikers and non-motorized bicyclists. The proposed project would prevent uncontrolled loss of habitat through the implementation of an improved and managed trail system designed to follow portions of the existing trails system. The proposed elevated boardwalk trail will replace informal trails developed within jurisdictional wetlands upstream of Lake Calavera. The boardwalk will elevate trails users above the wetland and out of the creek preventing sedimentation of wetland waters, trampling vegetation and compacting native soil. The boardwalk will serve to protect functions of the wetland, while providing recreational benefit to the public by allowing a more manageable interaction within the fragile ecosystem. The boardwalk trail is intended for pedestrians and bicycle use. The boardwalk portion is 927 linear feet, with a width and horizontal clearance of 6 feet with an overall construction zone of 8 feet. This width includes an elevated edging along each edge of the boardwalk for safety and to meet ADA requirements. It is anticipated that the construction of all boardwalks segments would require an impact width of 8 feet thus the outer foot on either side of the construction zone are considered temporary impacts (two feet total), which would be re-vegetated as part of the mitigation program. Construction plans and specifications are included as Appendix A. Impacts to U.S. Army Corps of Engineers (ACOE), California Department of Fish and Wildlife (CDFW), and Regional Water Quality Control Board (RWQCB) jurisdictional wetlands will be mitigated through on-site wetland creation, restoration and enhancement of jurisdictional wetland vegetation communities. The mitigation requirements, including native plant and planting specifications, are included in the construction plans and the Lake Calavera Trails Master Plan Boardwalk Improvement Project as Appendix B. The project includes a 120 day maintenance and monitoring period of all mitigation and restoration areas created and inclusive with this project. V Revised 1 /30/13 Bid No. PWS 13-48 PKS Page 11 of 131 Pages CITY OF CARLSBAD LAKE CALAVERA TRAILS BOARDWALK AND WETLAND RESTORATION PROJECT NO. 38661 BID NO. PWS 13-48 PKS CONTRACTOR'S PROPOSAL OPENED, WITNESSED AND R BATE City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 _ The undersigned declares he/she has carefully exafriined the location of the work read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete the Lake Calavera Trails Boardwalk and Wetland Restoration Project No. 38661 in accordance with the Plans, Specifications, General Provisions Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: SCHEDULE "A" TRAIL BOARDWALK TRAIL CONSTRUCTION Item No. Description A-1 Mobilization Approximate Quantity And Unit Not to Exceed Unit Price (Figures) $ 3,000 Total Amount (Figures) $ 3.000 A-2 (Price in Words) Clearing, grubbing, removal of vegetation and associated slash, and Erosion Control as specified herein (Price in Words) LS $2^,kmS5 $3o,c^51^ A-3 Installation of Diamond Piers D-75 with 50" pins (Price in Words) 285 EA $\^D.m Addendum No. 3 ^ A-4 Wood framing/TREX 975 l.f. $1^2 O^^^ $ )^<^ <;-^<^ W Boardwalk construction ^ » ):^V)">^5^]3 complete (Mr. Boardwalk or approved equal) ^ (Price in Words) A-5 Mitigation preparation, LS $2M5cM/3 $7u ^5^ ^3 planting, and irrigation as ^ ^ ^'^^ specified herein (Price in Words) A-6 Mitigation . planting and LS SJUMJ^. $\?.U04.^3 irrigation 120 day — maintenance as specified herein (Price in Words) Total amount of bid in words for Schedule "A" (Items A-1 through A-6) Total amount of bid in numbers for Schedule "A" (Items A-1 through A-6): Addendum No. 3 SCHEDULE "B" HABITAT MITIGATION AND RESTORATION Item No. Description B-1 Mobilization Approximate Quantity And Unit Not to exceed (Price in Words) Unit Price (Figures) $ 2.000 Total Amount (Figures) $ 2.000 B-2 Clearing, grubbing, removal of vegetation & associated slash, and erosion control as specified herein (Price in Words) LS $3oH^S.5>3 $lbm,33 B-3 Mitigation preparation, planting, and irrigation as specified herein vKA<ob/eb ^u3£v.MK l^jiLA^-c^ ^M-rs Ti^tY MiAJe (y>^J> (Price in Words) L.S. $3S 112.59 $311)2^ B-4 Mitigation planting and irrigation 120 day maintenance as specified herein ^use^TV eVag- A..^^^ \i^urt"rv 0^13 (Price in Words) LS $^ZU(.^ $Z2yZ\A3 Total amountof bid in words for Schedule "B" (Items B-1 through B-4)- Total amount of bid in numbers for Schedule "B" (Items B-1 through B-4): Addendum No. 3 Total amount of bid in words including Schedule "A" and Schedule Total amount of bid in numbers including Schedule "A" and Schedule "B": The basis of award will be the sum of Schedule "A" and "B". Price(s) given above are firm for 90 days after date of bid opening. Addendums Nos. \ ,3^-4^ have been received and are included in this proposal. CFHr^'ED, WITNE: Addendum No. 3 The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the Contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of Galifornia, validly licensed under license number y^y^M'l^ . classification n which expires on ^u^J r^oO , and that this statement is true and correct and has the legal effect of an affidavit.' A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all Contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the Contract is awarded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is _ (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the Contract is complete. ^'•^ Revised 1 /30/13 Bid No. PWS 13-48 PKS Page 14 of 131 Pages Check a License - License Detail - Contractors State License Board Page 1 of2 DEFARTMiHT OF CONSUMEi=l AFFAIUS Contractors State License Board Contractor's License Detail - License # 957419 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the foliowing limitations. CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071.17 , only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor falls to comply with the terms ofthe arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number Business Information Entity Issue Date Expire Date License Status Classifications Certifications Bonding 957419 Extract Date 9/19/2013 I O ENVIRONMENTAL AND INFRASTRUCTURE INCORPORATED Business Phone Number: (619) 280-3278 2840 ADAMS AVE STE #301 SAN DIEGO, CA 92116 Corporation 02/07/2011 ^^02/28/2015 ACTIVE This license is current and active. All information below should be reviewed. CLASS DESCRIPTION A GENERAL ENGINEERING CONTRACTOR C27 LANDSCAPING CERT DESCRIPTION H/\Z HAZARDOUS SUBSTANCES REMOVAL ASB ASBESTOS - (for bidding purposes only) CONTRACTOR'S BOND This license filed a Contractor's Bond with WESTERN SURETY COMPANY. Bond Number: 71039569 Bond Amount: $12,500 Effective Date: 12/21/2010 BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) BILODEAU MICHAEL JOHN certified that he/she owns 10 percent or more ofthe voting stock/equity ofthe corporation. A bond of qualifying individual is not required. https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetaiLaspx?LicNum=95... 9/19/2013 Check a License - License Detail - Contractors State License Board Page 2 of 2 Effective Date: 04/24/2013 BQI's Bond Historv WORKERS' COMPENSATION This license has workers compensation insurance with FARMERS INSURANCE EXCHANGE Policy Number: A09297747 Workers' Compensation Effective Date: 10/01/2012 Expire Date: 10/01/2014 Workers' Compensation Historv Personnel listed on this license (current or disassociated) are listed on other licenses. Personnel List Other Licenses Conditions of Use j Privacv Policv Copyright © 2010 State of California https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=95... 9/19/2013 IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business City and State (4) Zip Code Telephone No. (5) E-Mail (Street and Number) IF A PARTNERSHIP. SIGN HERE: (1) Name under which business is conducted. (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business City and State (4) Zip Code (5) E-Mail (Street and Number) Telephone No. V Revised 1/30/13 Bid No. PWS 13-48 PKS Page 15 of 131 Pages IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted _ (2) (Signature) (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of. (4) City and State <^ let and Number) (5) Zip Code ^ Telephone No U(^1'M0~3^7^ X / ^7 (6) E-Mail OAku^ 0 \05d^'C^^ NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED K V? List below names of president, vice president, secretary and assistant secretary, if a corporation; if a 4C> partnership, list names of all general partners, and managing partners: fk,tLi.:\9)\ii)laiyu. (jy^jrU Revised 1 /30/13 Bid No. PWS 13-48 PKS Page 16 of 131 Pages BID SECURITY FORM (Check to Accompany Bid) LAKE CALAVERA TRAILS BOARDWALK AND WETLAND RESTORATION PROJECT NO. 38661 BID NO. PWS 13-48 PKS (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashier's check payable to the order of CITY OF CARLSBAD, in the sum of dollars ($ ), this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a Contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; othen/vise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless othen/vise required by law, and notwithstanding the award of the contract to another bidder. BIDDER Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed-the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) Revised 1 /30/13 Bid No. PWS 13-48 PKS Page 17 of 131 Pages BIDDER S BOND TO ACCOMPANY PROPOSAL LAKE CALAVERA TRAILS BOARDWALK AND WETLAND RESTORATION PROJECT NO. 38661 BID NO. PWS 13-48 PKS KNOW ALL PERSONS BY THESE PRESENTS: 10 Environmental and Infrastructure, Inc. That we, , as Principal, and International Fidelity Insurance Company as Surety are held and firmly bound unto the Oty of Carlsbad. Califomia, in an amount as follovi: (must be at least ten percent (10%) of the bid amount) Ten percent of total amount bid ^QJ. which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principai for: LAKE CALAVERA TRAILS BOARDWALK AND WETLAND RESTORATION PROJECT NO. 38661 BID NO. PWS 13-48 P|<^ In the City of Carlsbad, is accepted by the City Council, and If the Principal shall duly enter into and execute a Contract Including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain In full force and effect, and the amount specified herein shall be forfeited to the said City. Revised 1/30/13 BkJ No. PWS 13-48 PKS Page 16 of 131 Pages ^ the event Principal executed this bond as an Individual, It is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this ^ S day of ^£/V^W^ 2oX2.. PRINCIPAL 10 Environmental and Infrastructure. Inc. Executed by SURETY this 17th day (namep|rRrinclpall y / of September 2013 .... /Vlm)f Mil. SURETY: International Fidelity Insurance Company (print name here) (name of Surety) 13400 Sabre Springs Pkwy., Ste. 245, San Diego, CA 92128 (Title anrf^qanizaW o^natory) { :f/l^^H^uaw (address of Surety) By: l/MA^.^W^AA^^d4^ 858.513.1795 (^nhere) ^ (telephone number of Surety) (Sign here) name here) (signature of Attorney-m-Fact) Michael R. Strahan (title and org^zation of signat(ory) , , (printed name of Attorney-in-Fact) (Attach corporate resduttan showing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporatk3ns. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER, City Attorney Assistant City Attomey W ^ Revised 1/30/13 Bid No. PWS 13-48 PKS Page 19 of 131 Pages Tel (973) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY , a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsylvania, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint MICHAEL R. STRAHAN San DIego, CA. their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other viffitings obligatory tn the nature thereof, which are or may be allowed, required or pennitted by law, statute, rule regulation, contra^^ ?J',2F]g,']!^J?^t and the execufion of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board qf Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duty held on the 15th day of August, 2000: "RESOLVED, that (1) the President, Vice President, Executive Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke ttie appointments of, Attorneys-in-Fact or agents wrth power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, underiakings, recognizances, contracts of indemnity and other wntten obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consente on t>ehalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporatton's seal may be affixed by facsimile to any power of attorney or certificafton given for the execution of any bond, undertaking, recognizance, contract of indemnity OT other written obligation in the nature thereof or related tiiereto, sucn signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporatton as the original signature of such officer and the ongmal seat of the Corporation, to ije valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on tiiis 12th day of March, 2012. STATE OF NEW JERSEY County of Essex ROBERT W. MINSTER Executive Vice President/Chief Operating Officer (International FWeJity Insurance Company) and President (Allegheny Casualty Company) On this 12th day of March 2012, before me came the individual who executed the preceding insti-ument, to me personaily known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY; that the seals affixed to said instrument are tiie Corporate Seals of said Companies; tiiat tiie said Corporate Seals and his signature were duly affixed by order of Uie Boards of Directore of said Companies. IN TESTIMONY WHEREOF, 1 have hereunto set my hand affixed my Official Seal, at tiie City of Newark, New Jersey the day and year first above written. A NOTARY PUBLIC OF NEW JERSEY My Commission Expires Mar. 27,2014 CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of ttie Power of Attorney and affidavit, and the copy of tiie Sections of the By-Laws of said Companies as sat fortii in said Power of Attorney, with the originals on file jn tiie home office of said companies, and ttiat the same are con-ect transcripts tiiereof, and of the whole of tiie said originals, and that the said Power of Attomey has not been revoked and is now in full force and effect. TESTIMONY WHEREOF, have hereunto set my hand this /^^'^ clay of S^c?^^^<i^^ '7^/3 MARIA BRANCO* Assistant Secr-^t^ry ; ACKNOWLEDGMENT State of California County of San Diego On September 17th, 2013 before me, E.B. Strahan, Notary Public (insert name and title of the officer) personally appeared Michael R. Strahan who proved to me on the basis of satisfactory evidence to be the personj^ef) whose name(;*)ds3!a*e- subscribed to the within instrument and acknowledged to me thatSe^she/they executed the same in (hi|?hecmi«if authorized capacity(ies), and that bv(hj^heAftboif signature(^on the instrument the personjlsX or the entity upon behalf of which the personj;8rf acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true ind correct. WITNESS my hand and official seal. Signature dt>rHfen»iliiil^i 1* ^ (Seal) E. B. STRAHAN Commission # 189362.2 Notary Public - California San Diego County My Comm. Expires Jun 25, 2014 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE § 1189 State of California County of '^S^/JAJ On S0^J3. ^/Bxtore me Date ' personally appeared nBrBhEWcW. Mug PuMic Here Insert Name and Title of the Officer Nanne(s) of Signer(s) PHYLLIS E. WEBSTER f Commission # 2025237 t Notary Public • California 1 San Diego County g . ^My Comm. Expires Jun 15.20171 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hanckand official seal. Place Notary Seal Above Signature: OPTIONAL Though the information below is not required by taw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Docu Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ) 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of. On "SG^- .^/aefore un .^^^f ' o^l t^/ZJoe^ore me, PhylBs E Webrter, Nolaiy PubHc Date - J^®"^® Insert Name and TitIf personally appeared Jff.lC^/j^ /?!. (^^l/Af^r ^ere Insert Name and TitIf of the Officer Name(s) of Signer{s) PHYLLIS E. WEBSTER Commission # 2025237 Notary Public - California i^m^g^ San Oiego County g ^^S^ My Comm. Expires Jun 15.20171 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand a^d official seal. Place Notary Seal Above Signature: OPTIONAL — ignature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: ^ /r.e7if IdaAj-b Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s):______ • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Company Profile Page 1 of 2 Company Profile INTERNATIONAL FIDELITY INSURANCE COMPANY ONE NEWARK CENTER 20TH FL NEWARK, NJ 07102-5207 Agent for Service of Process DOROTHY O'CONNOR-MANSON, 2999 OAK ROAD SUITE 820 WALNUT CREEK, CA 94597 Unable to Locate the Agent for Service of Process? Reference Information NAIC#: 11592 NAIC Group #: 4705 Califomia Company ID #: 4341-4 Date authorized in Califomia: February 09, 1996 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: NEW JERSEY Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. SURETY Company Complaint Information Company Enforcement Action Documents Companv Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Last Revised - November 10, 2012 10:58 AM https://interactive.web.insurance.ca.gov/webuser/idb_co_prof_utl.get_co_prof?p_EID=609... 9/24/2013 Company Profile Page 2 of 2 Copyright © Califomia Department of Insurance https://interactive,web.insurance.ca.gov/webuser/idb_co_prof_utl.get_co_prof?p_EID=609... 9/24/2013 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, "Bid", "Bidder", "Contract', "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Own Organization", "Subcontractor", and "Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct Information may result In rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or othen^/ise to be performed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not Included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information mav result in reiection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor- installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract amounts for purposes of award of the Contract shall be determined by the City Council in conformance with the provisions of the Contract documents and the various supplemental provisions. The decision of the City Council shall be final. Revised 1 /30/13 Bid No. PWS 13-48 PKS Page 20 of 131 Pages V Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. V Revised 1 /30/13 Bid No. PWS 13-48 PKS Page 21 of 131 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) LAKE CALAVERA TRAILS BOARDWALK AND WETLAND RESTORATION PROJECT NO. 38661 BID NO, PWS 13-48 PKS The Bklder certifies that it has used the sub-bid of the folowing listed subcontractors in preparing tNs bid for the Work and that the listed subcontractors wiH be used to perform the portions of the Work as designated in this Hst in accordance with appficabie provisbns of the specifications and sectfon 4100et seq. of the Pubfic Contract Code, "Subletting and Subcontracting Fair Practtees Act." The Bidder further certifies that no additbnal subcontractor wiH be altowed to perfomn any portton of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, a in the case of bkjs or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand doHars ($10,000). whichever is greater, and that no changes in the subcontractors Hsted work will be made except upon the prk>r approval of the Agency. SUBCONTRACTOR'S BID ITEI MS 1 Portion of Work Subcontractor Name and Location of Business Subcontractor's Ucense No. and Classification* Amount of Woric by Subcontractor in Dollars* W'/-bCDS9fl0iiTflN)C Page pages of this Subcontractor Designation fomn Pursuant to section 4104 (a)(2)(A) Califomia Put)fic Contract Code, receipt of the infoimation preceded by an asterisk may be submitted by the Bidder up to 24 hours aft^ the deadline for submitUng bids contained in ^ "Notice Inviting Bids." Revised 1/30/13 Bid No. PWS 13-48 PKS Page 22 of 131 Pages ^^^^ «,.^.?iP°^"'^ STATEMENT OF TECHNICAL ABIUTY AND EXPERIENCE (To Accompany Proposal) LAKE CALAVERA TRAILS BOARDWALK AND WETLAND RESTORATO^^ PROJECT NO. 38661 BP NQ. PW^ 11^0 p,^^ Contr^l^^l^s'Sci^uL »«t inckided in the prooosed " Date Contract Completed Revised 1/30/13 Bid No. PWS 13^ PKS Page 23 of 131 Pages BIDDER'S CERTIRCATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) LAKE CALAVERA TRAILS BOARDWALK AND WETLAND RESTORATK)N PROJECT NO. 38661 BiDN9-PW$1?-4?PK$ As a required part of the Bidder's proposal the Bkider must attach either of the folbwing to tNs page. 1) Certificates of insurance showing conformance with the requirements herein for each of: [T Comprehensive General LiabHity p AutomobHe LiabHity Workers Compensation Empbyer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder PoUcies of insurance for Comprehensive General LiabHity, AutomobHe Liabity, Workers Compensatbn and Employer's LiabiHty in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certifteates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specificatbn of this (Contract must: 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover anv vehtele used in the performance of the Contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Revised 1/30/13 Bid No. PWS 13-48 PKS Page 24 of 131 Pages CORtf CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 10/10/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE r>OUCIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTTTUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. ' IMPORTANT: if the certiflcate hold«r is an ADDHIONAL INSURED, the poilcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to tha terms and conditions of the policy, certain policies may require an endorsement A statement on this certificirte does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER DORIAN INSURANCE SERVICES 25115 Avenue Stanford # B-118 Valencia, CA 91355 0E11893 CONTACT NAME: PRODUCER DORIAN INSURANCE SERVICES 25115 Avenue Stanford # B-118 Valencia, CA 91355 0E11893 KExt): (661)702-0882 If^.NO,:(661)702-0883 PRODUCER DORIAN INSURANCE SERVICES 25115 Avenue Stanford # B-118 Valencia, CA 91355 0E11893 X^ss: jiznniy@dorianinsurance.com PRODUCER DORIAN INSURANCE SERVICES 25115 Avenue Stanford # B-118 Valencia, CA 91355 0E11893 1NSURER(S) AFFORtHNG COVERAGE NAIC# PRODUCER DORIAN INSURANCE SERVICES 25115 Avenue Stanford # B-118 Valencia, CA 91355 0E11893 INSURER A: Everest Indemnity Insurance Co INSURED lO Environment^al & Infrastructure, Inc. 2840 Adams Ave. Ste 301 San Diego, CA 92116 INSURERS Safeco Insurance Company of Illinois INSURED lO Environment^al & Infrastructure, Inc. 2840 Adams Ave. Ste 301 San Diego, CA 92116 INSURER c: Farmers Insurance Exchange INSURED lO Environment^al & Infrastructure, Inc. 2840 Adams Ave. Ste 301 San Diego, CA 92116 INSURER D: INSURED lO Environment^al & Infrastructure, Inc. 2840 Adams Ave. Ste 301 San Diego, CA 92116 INSURER E: INSURED lO Environment^al & Infrastructure, Inc. 2840 Adams Ave. Ste 301 San Diego, CA 92116 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER GENERAL LIABIUTY COMMERQAL GENERAL LIABILITY X I CLAIMS-MADE | X j OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: n POLICY [X]?ECT ••-OC EF4ML02500131 PaiCY EFF (MM/DD/YYYY) 9-3-13 POLICY DOS (MM/DD/YYYY) 9-3-14 LIMITS EACH OCCURRENCE DAMAGE TD RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL &ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG eoMBiNiP mail LIMII (Ea accident) $ 1,000,000 50.000 5, QQQ $ 1,000,000 $ 2,000,000 $ 2,000.000 AUTOMOBILE LIABILITY s 1,000,000 ANYAUTO AU OWNED AUTOS HIRED AUTOS BODILY INJURY (Per person) SCHEDULED AUTOS NON-OWNED AUTOS 02CE22992710 5-31-135-31-14 BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS-MADE EACH OCCURRENCE $ 4,000,000 i RETENTION $ 10 . OOP EF4CU00504131 6-4-13 6-4-14 $ 4,000,000 WORKERS COMPENSATION AND EMPLOYERS" LIABILITY ANY PROPRIETOfUPARTNER/EXECUTlVE OFFICERMHMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below • E.L EACH ACCIDENT $ 1,000,000 A09297747 10-1-13 10-1-14 E L DISEASE- EAEMPLOYEE $ 1,000,000 E.L DISEASE - POLICY LIMIT $ 1,000,000 Contractors Poll Liab/ Professional Liab EF4ML02500131 9-3-13 9-3-14 1,000,000 Each Occ. 2,000,000 Aggregate DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (Attach ACORD 101. Additional Remarks Schedule, if morespace is required) The City of Carlsbad, its officials, enqployees and volunteers are named as Additional Insured's as pertains to the Commercial General Liability, Commercial Auto, and Contractors Pollution Liability Policies as required by written contract. Waiver of Subrogation & Primary & Non-Contributory applies 30 Days notice of cancellation, 10 day notice for nonpayment. CERTIFICATE HOLDER CANCELLATION The City of Carlsbad 1635 Faraday Avenue Carlsbad,CA 92008-7314 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: EF4ML02500-131 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additionai Insured Person(s) OrOraanization(s): Location(8) Of Covered Operations Blanket where required by written contract. Information required to complete tiiis Schedule, if not shown above, will be shown in the Declarations. A Section H - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, ixit only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to ttie insurance afforded to these additional insureds, tiie following additionai exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment fumished in connectton with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the Iocatton of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in perfonming operations for a principal as a part of the same project. CG 2010 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER: EF4ML02500-131 COMMERCIAL GENERAL UABIUTY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ TT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Omanization(s): Location And Description Of Completed Operations Blanket where required by written contract Information required to complete tiiis Schedule, if not shown ^ve, will be shown in the Declarattons. Section il - Who is An insured is amended to include as an additionai insured the person(s) or organi2ation(s) shown in tfie Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of tills endorsement performed for tiiat additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG24041093 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the foliowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization that is: 1. An owner of real or personal property on which you are performing operations, but only at the specific writ- ten request by ttiat person or organization to you, and only if: . a. That request is made prior to tiie date your operations for that person or organization commenced; and b. A certificate of insurance evidencing that request has been issued by your authorized insurance agent or broker; or 2. A contiactor on whose behalf you are performing operations, but only at the specific written request by ttiat person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced; and b. A certificate of insurance evidencing that request has been issued by your authorized insurance agent or broker. (If no entry appears above, infonnation required to complete tills endorsement will be shown in the Declarations as applicable to this endorsement) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Conditton (Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by ttie addition of ttie following: We waive any right of recovery we may have against ttie person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 0410 93 Copyright, Insurance Servtoes Office, Inc., 1992 Page 1 of t COMMERCIAL GENERAL LIABIUTY ECG 24 514 05 00 THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY PROVISION - YOUR OPERATIONS This endoreement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph 4., Other Insurance of Conditions (Section IV) is amended by the addition of tiie following: If insurance similar to this insurance is held by a person or organization that is: a. An owner of real or personal property on which you are performing operations; or b. A contiactor on whose behalf you are performing operations, this insurarice is primary to that ottier insurance, and tiiat other insurance shall not contribute to amounts payable under this insurance, for liabiBty arising out of your ongoing operations performed for that person or organization under a written contract However, tiiis does not apply to any person or organization: a. From whom you did not receive a specific written request that this Insurance be primary insurance, or if you did not receive ttiat request prior to the date that your operations for tiiat person or organizatton commenced; or b. For whom a certificate of insurance evidencing that request is not on file with, or received by, us prior to sixty days after the end of tiie policy period for tiiis insurance. ECG 24 514 05 00 Copyright, Everest Reinsurance Company 2000 O Includes copyrighted material of Insurance Services Office, tnc. used with its permission Copyright, Insurance Services Offtoe, Inc., 1997 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the foliowing: CONTRACTORS POLLUTION UABIUTY COVERAGE PART SCHEDULE Name of Person or Organization: Blanket where required by written contract. (If no entry appears above, information required to complete ttiis endorsement will be shown in the Declarations as applicable to this endorsement) A Section H - Who is An Insured under the Cen- timeter's Pollution Liability Coverage Part is amended to include as an insured ttie person or organization shown in tiie Schedule, only with re- spect to liability for "bodily injury" or "property damage" but oniy to the extent caused, in whole or in part by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additionai insured. B. The insurance afforded to these additional in- sureds shall oniy include the insurance required by the tenns of the written agreement and only to the extent that coverage is provWed wittiin the terms of this Coverage Part. C. The Limits of Insurance afforded to ttiese addi- tionai insureds shall be the lessor of ttie following: 1. The Umits of Insurance required by the writ- ten agreement between tiie parties; or 2. The Limits of Insurance provided by tills Cov- erage Part. D. With respect to tfie insurance afforded to ttiese additional insureds, ttie foitowing exclusion is added: 2. Exclusions This insurance does not apply to "bodily inju- ry" or "property damage" occun-ing after: ECG 20 503 06 08 Copyright Everest Reinsurance Company, 2008 Includes copyrighted material of Insurance Services Office. Inc., witii its permission. Page t of 2 (1) All worit. including materials, parts or equipment fumished in connection with such work, on the project (otiier tiian service, maintenance or repairs) to be performed by or on behalf of tiie addi- tional insured(s) at the site of the cov- ered operations has been completed; or (2) That portion of "your work" out of which tiie injury or damage arises has been put to its intended use by any person or organization other ttian another con- tractor or subcontimctor engaged in performing operations for a principal as a part of the same project E. For ttie purposes of this endorsement, paragraph 4. Other Insurance under SECTION IV > CONDITIONS of ttie Contractor's Pollution Liabil- ity Coverage Part is replaced by the following: 4. Other Insurance The insurance afforded to these additional in- sureds is excess over any other insurance naming an insured whether such insurance is primary, excess, contingent or contributing. This Insurance may not be used to satisfy any deductible or self-insured retention amounts an insured may owe as a result of this loss, damage or injury. Page 2 of 2 Copyright Everest Reinsurance Company, 2008 ECG 20 503 06 08 Includes copyrighted material of Insurance Sen/ices Office, Inc., with its pemiisston. THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ fT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: CONTRACTORS POLLUTION UABILfTY COVERAGE PART MOTOR VEHICLE POLLUTION UABIUTY COVERGE PART SCHEDULE Name of Person or Organization: Any person or organization that is: 1. An owner of real or personal property on which you are performing operations, but only at the specific writ- ten request by that person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced; and b. A certificate of insurance evidencing that request has been issued by your authorized insurance agent or broker; or 2. A conti-actor on whose behalf you are performing operations, but only at the specific written request by tiiat person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced; and b. A certificate of insurance evidencing that request has been issued by your authorized insurance agent or broker. (If no entry appears above, information required to complete ttiis endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Sectton IV - CONDITIONS) is amended by the addition of tiie foiiowing: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a conti-act witti that person or organization and included in the "products-completed operations hazard". This waiver applies oniy to the person or organization shown in the Schedule above. ECG 24 50612 04 Copyright, Everest Reinsurance Company, 2000 D Includes copyrighted material of Insurance Services Office, Inc., with its permission Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 FARM £ RS WC 99 0619 WORKERS' COMPENSATION AND EMPLOYERS' UABIUniNSURANa POUCY Named • lo B3SIVIRONIIKNTAL AND Insured« INFRASTRUCTURE HTCORPORATBD 2840 ADAMS AVE. STB 301 * SAN DIB60 Hfextive Date m/oi/n CA 92116 Agent 30-48-314 A0929--77-47 2013 Poliq' Number Policy of the Company Year WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - BLANKET Wc have the right to recover our payments from anyone Uable for an injury covered by this policy. We will not enforce our rigjht against the person or organizsdon for whidi you perform work under a written conttact that requires you to obtain this agreement from us. The additional premium for this endorsement shall be JLxiL .% of the Workers' Compensation premium otherwise due for the state(s) listed below on such remuneration, subject co a minimtun charge of .2* All written contracts in the state(s) of: CA This endorsemmt is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all tlic terms of the policy. Countersigned. Authorized Representative nm 1ST EonHW m mm m\»\ BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) LAKE CALAVERA TRAILS BOARDWALK AND WETLAND RESTORATION PROJECT NO. 38661 BID NO. PWS 13-48 PKS 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? X yes no 2) If yes, what was/were the name(s) of the agency(les) and what was/were the perk)d(s) of debarment(s)? Attach addittonal copies of this page to accommodate more than two debar- ments. party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: (name of (Contractor) ByT^^ (sign here) (print name/titie) Page / of j pages of this Re Debarment form Revised 1/30/13 Bkl No. PWS 13-48 PKS Page 25 of 131 Pages BIDDER'S DISCLOSURE OF DISCIPUNE RECORD (To Accompany Proposal) LAKE CALAVERA TRAILS BOARDWALK AND WETLAND RESTORATION PROJECT NO. 38661 BID NO. PWS 13-48 PKS Contractors are required by law to be licensed and regulated by ttie Contractors' State License Agency which has jurisdk:tion to investigate complaints against contractors if a complaint regarding a patent act or omission is filed wittiin four years of ttie date of tiie alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed witiiin 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or mpre times witiiin an eight year pertod? yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? yes no 3) Have any subcontractors ttiat you propose to perform any portion of tiie Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of ttie Work ever been stayed? / — yes no 5) If the answer to eitiier of 1. or 3. above Is yes fully klentify, in each and every case, the party disciplined, the date of and vblatk)n that the disciplinary action pertain to, describe tiie nature of the violation and the disciplinary action taken therefore. (If needed attach additional sheets to provide fuU disclosure.) Page I of pages of this Disclosure of Discipline form 9 Revised 1/30/13 Bid No. PWS 13-48 PKS Page 26 of 131 Pages BIDDER'S DISCLOSURE OF DISCIPUNE RECORD (CONTINUED) (To Accompany Proposal) LAKE CALAVERA TRAILS BOARDWALK A WETLAND RESTORATK)N PROJECT NO. 38661 BID NO. PWS 13>48 PKS 6) if tiie answer to either of 2. or 4. above is yes fully identify, in each and every case, tiie party who's discipline was stayed, ttie date of the vtolation that tiie disciplinary action pertains to, describe the nature of the vioiatbn and the conditksn (if any) upon which the disciplinary action was stayed. (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: )NTRACTOR: , I (n^^f Contra By:_ (signj^ere) (prtnt name/titie) Page 7- of '2^ pages of this Disctosure of Discipline form Revised 1/30/13 Bid No. PWS 13-48 PKS Page 27 of 131 Pages NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 LAKE CALAVERA TRAILS BOARDWALK AND WETLAND RESTORATION PROJECT NO. 38661 BID NO. PWS 13-48 PKS The undersigned declares: I am the „, the party making the foregoing bid. The bid is not made in the Interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectiy, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents tiiat he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the Sta^ of California that the foregoing is true and correct and that this declaration is executed on ,f>^(4l^*<L^ , 2oJ2_ at ^V^T>'^[city]. QA [state]. Sigrrature of Bidder Revised 1/30/13 Bid No. PWS 13-48 PKS Page 28 of 131 Pages City^ of Carlsbad August 26, 2013 ADDENDUIVI NO. 1 RE: LAKE CALAVERA TRAILS BOARDWALK AND WETLAND RESTORATION, PROJECT NO. 38661, BID NO. PWS13-48PKS Please include this addendum in the Request for Bid you have for the above project: • The "Notice Inviting Bids" states that bid submissions are due August 28, 2013. • This date is herebv changed to Septennber 18. 2013. Tinne is unchanged at 2:00 PM > This page of the addendum—receipt acknowledged—must be attached to your bid when it Is submitted. KEVIN L. DAVIS Sr. Contract Administrator ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 Signature 1635 Faraday Avenue • Carlsbad. CA 92008-7314 • (760) 602-4677 • FAX (760) 602-8562 @ ADDENDUM NO. 1 LAKE CALAVERA TRAILS BOARDWALK AND WETLAND RESTORATION PROJECT NO. 38661 BID NO. PWS13-48PKS City of Carlsbad Carlsbad, California AUGUST 23, 2013 City of Carlsbad Parks & Recreation - Park Development 799 Pine Ave., Suite 200 Carlsbad, CA 92008 Steven Jantz, Project Manager NOTICE: This Addendum forms a part of the Contract Documents for the above identified project and modifies portions of the original Plans and Contract Specifications. Documents not specifically mentioned in this Addendum remain in full force. W Acknowledge receipt of this Addendum on the Bid Form. Failure to do so may subject bidder to disqualification. All trades affected shall be fully advised of these changes, deletions, or additions. This Addendum No. 1 consists of 1 page and 2 items. Item 1 Page 7 of the contract documents is hereby amended to extend the bid due date 2:00 p.m. on Wednesday September 18, 2013. Item 2 The TREX decking for the raised boardwalk shall be provided as follows: Model: TREX Transcend Series Color - Fire Pit Responses to Questions: This addendum includes responses to questions submitted during the bidding phase of the project. The following are the questions and responses: 1. Within the footprint of the path right-away, may the Poison Oak be killed with Round-Up or similar product to avoid worker exposure and illness? Yes - Selected contractor will be required to identify the product as part of the material submittal. 2. From our review, it appears the current Mr. Boardwalk wooden/Trex boardwalk design is below the minimum Live Load requirements for public use. Does the design of the walkway have to meet any particular Live Loading requirements? An addendum will be forthcoming with a re-design for the boardwalk. 3. Since an "approved equal" design can be utilized (see Specifications Bid Schedule A-5 page 13), please provide design loading criteria? Refer to response to Question No. 2 above. 4. Since no grading is proposed in the area of boardwalk, the 1% maximum slope, 0.5% maximum cross slope, and the 24" maximum height of walkway requirements cannot all be maintained (see Notes on Sheet C-2). Please provide confirmation as to which of these three criteria may be relaxed. Longitudinal slope shall not exceed 4%, maximum cross slope 1% 5. If the slope criteria, cross slopes criteria, and/or maximum heights for the boardwalk cannot be changed, will the City of Carlsbad provide grading plans to incorporate these criteria? Refer to response to QuestionNo. 2 above. Grading plans will not be provided. 6. Does the term Project Biologist, for the purposes of this Project, refer to the Contractor's submitted and approved Biologist? Yes - The city will provide further clarification in a forthcoming addendum 7. Can the creek water be utilized to water the new plantings? No 8. Please further describe the trimming, grubbing, and clearing requirements in the area of the boardwalk. Clearance above the boardwalk shall be 8' above finish surface elevation of the boardwalk. Clearance to the sides of the boardwalk is to be confined to 2' on each side of the 6' boardwalk width, except in areas where re-vegetation is required as part of the wetland restoration mitigation plans. 9 In the area of the boardwalk, should the Contractor assume that the limits of de- compaction be a subjective limit as determined by the Project Biologist? For additional reference to the scope, see Sheet PR-1, Grading and Site Preparation Notes. Note 5 and Notes on Plans PR-1, PR-2, and PR-3. Limits of de-compaction as required for the new native habitat plantings shall be limited to a width of 2' along the outside edges of the boardwalk and only in areas to accommodate the new plantings. Areas underneath the boardwalk do not need to be rototilled or npped. 10 Without clear details as to the location on the Plans, does the Contractor's Biologist establish the limits of the roto-tilling and fertilizing described on Note 7 on Sheet PR-1, Grading and Site Preparation? See response to Question No. 9 above. 11. Will the standard four foot plastic orange ESA fencing be acceptable for the construction fencing detailed and shown on Sheets PR-3a, PR-3b, and PR-4? Yes 12 If along the route of the boardwalk, a revised de-compaction plan is approved by the Project Biologist would this change also change the BMP's as detailed on the Plans? A change to the BMP's is not anticipated at this time. However, if changes to the BMP's are determined warranted, the modifications can be addressed with a change order dunng construction. C 13. Will ESA fencing be required continuously along both sides ofthe route ofthe boardwalk (if so, construction access will be further limited)? No 14. What model and color of TREX are they using? Addendum No. 1, Item 2 specifies the model and color as follows: Model: TREX Transcends Series Color: Fire Pit ^ ^ o o\Mr^r-D 15. Has the city verified the treatment of the wood meets California standards? RWQOB has very strict guidelines on wood treatment. The plans and specification call for the contractor to utilize approved pressure treated lumber that meet California standards. 16. The color of treatment Is not specified. Please specify. You can get either a green or red color. Refer to response to question no. 15. 17. Is the lumber douglas fir, pine or poplar? An addendum will be issued that includes revised details for Sheet C- 1 clarifying wood to C be used for the framing part of the boardwalk structure. 18. Per our conversations with Mister Boardwalk, they will not be providing the corner pieces and any odd size pieces. Has this been confirmed? Yes, the city anticipates the selected contractor will build the corner transition sections in the field', unless the contractor orders the corner pieces from Mr. Boardwalk. 19 The Mister Boardwalk is an owner specified purchased item. Has the city verified this is exactly what they are expecting as far as color, craftsmanship, description? Question is if we received all the panels and specified so questions as to exactly what we are buying. Refer to response to Questions No. 2 above. 20. No MDS sheets provided, can city provide and verify they will meet all state guidelines and OSHA certifications? Refer to response to Questions No. 15 above. 21 Specs call for us to have site surveyed yet no survey data was included as part of the specs. Also it was noted during precon the site will be laid out by hand with the city representative. So is survey needed before or only after or not at all? The alignment utilizes the existing trail footprint and final details as such will be approved by the city project manager. A survey is not needed for determining the trail alignment. The mitigation areas are to be laid out by the contractor in accordance with the plans and field verified by the city project manager. 22. The plans do not show how to terminate or begin a section of walkway. Can you provide details on how to start and terminate sections? The plans call out GPS coordinates for the terminal points of each boardwalk section. The beginning and ending locations will be approved in coordination with the contractor's biologist and the city project manager. Native soil may be used to modify the existing trail tread to ramp up to the new boardwalk segments where they transition from native earth trails to constructed boardwalk segments. 23. Some areas that the plans call for clear and grubbing were mentioned to not going to require clear and grub. Can you clarify? For bidding purposes, the boundaries of the clearing and grubbing are shown on the plans. However, if changes are determined warranted, the modifications can be addressed with a change order during construction. 24 Some areas it appears the height will be greater than 24 inches, will the city be providing separate drawings for the areas greater than 24 inches? If 24 inches is a max, how will we be dealing with this where the deck goes through the water crossings or other heights sensitive areas? We anticipate the alignments will follow existing topography; however the crossing over the small creek may exceed 24" at the fiow line. For the remainder of the alignment, the resource agency permits limit the height to a maximum of 24". If field conditions dictate a ^^^^^ change to the maximum height of the boardwalk, the modification can be addressed with a change order during construction. No ADA specs were provided. Does this project not have to comply with ADA standards? The project does not require ADA accessibility as determined in the current and future drate of the Accessibility Guidelines for Outdoor Developed Areas. 25 According to Construction Plan Sheet S-1, Restrictions and Requirements, First bullet: Will the nesting bird survey only be required within the project site boundaries, or is there a buffer as well? If a survey buffer around the project boundary Is required please specify what that is. Construction is anticipated to occur outside the nesting bird period of February 15 - September 15. We do not therefore anticipate the requirement to provide bird surveys with this project. 26 According to Construction Plan Sheets S-1, if an active nest is discovered "this area shall be fenced a minimum of 100 feet (500 feet for raptors) in all directions." Please confirm that fencing would only be required at locations within the project area that overlap with the temporary nesting bird no-disturbance zone? See answer to Questions no. 26. 27 Within the Project Specifications, Appendix B, the HMMP contains the MND Mitigation Measures Per Mitigation Measure BIO-2 of the MND. will the city's biologist or contractors' biologist ("Project Biologist") be responsible for conducting nesting bird surveys for coastal California gnatcateher if clearing or non-routine maintenance of occupied habitat can't be scheduled outside of the breeding season of March 1 through August 1 (HMPPP. Dudek, 2012); or February 15*' - August 30^ (per "RLH1" comments for Mitigation Measure BIO-2)? The city anticipates the construction components of the project will be completed outside the breeding season for the California gnatcateher. The only anticipated efforts which may occur during the breading season will be limited to the mitigation site during the 120 day maintenance period. If a survey is required, city would provide for surveys and reports. 28 Within the Project Specifications. Appendix B, the HMMP contains the MND Mitigation Measures. Mitigation Measure BIO-3 of the MND states that any active nests discovered will afford a 500-foot buffer for listed species and a 300-foot buffer nor non- listed species until all young have fledged. This contradicts that specification, as described above in questions 2 (city question no. 28). We assume that the larger buffer sizes cited within the HMPPP would apply to this project. The buffer areas must be consistent with the resource agency permit conditions. An addendum wili be forthcoming defining the buffer areas. 29 With reference to Construction Plan Sheet PR-1, General Grading and Site Preparation notes. Item 1, please verify that is the responsibility of the Contractor's Biologist to flag ESA areas? ^^^^ The Contractors' Biologist and the city's Project Manager will verify the location of the ESA area and it will be the responsibility of the contractor to flag the ESA area. 30. Please confirm that although the Contractor's Biologist ("Project Biologist") will perform the tasks bulleted below, the city's Biologist will ultimately be responsible for the following requirements outlined in the Project Specifications: • Verification that clearing, grubbing, demolition work, grading, and soil de-compaction are in accordance with the Project permits, plans, conservation measures, and special condition (refer to Plan Sheet C-2, Construction notes). • Verification that the boardwalk alignment has been flagged to the satisfaction of the city (refer to Plan Sheet C-2. Construction notes). • Verify the boundary offsets from Lake Blvd. for the northern edge of the Wetland Creation Cite (refer to Plan Sheet PR-4. • Establishing start point and terminus locations of boardwalk installations with respect to existing field conditions (refer to Plan Sheet C-2b). The Contractor. Contractors' Biologist and the city's Project Manager will verify the boardwalk alignment, boundaries and location of project limits, boardwalk terminus points, and the location of the Wetland Creation Site aiong Lake Blvd. as part of the pre- construction conference prior to commencement of construction. 31. Upon award, would the city provide GIS shapefiles of work limits, grading limits, rare plant locations, and ESA limits to the contractor for use during the Project. Preferable in ArcView format or the equivalent. The city will provide to the contractor awarded the project relevant GIS shapefiles for the Lake Calavera Preserve that are currently on file with the city's GIS/lnformation Technology Division. However, these files do not include work limits, grading limits, rare plant locations, and ESA limits. 32. Will the modular units be predrilled for the 8" lag bolts? Drilling joists in the field after decking is installed rather than in the factory before decking is installed will lead to splitting of joists. It will be the responsibility of the contractor to order the boardwalk panels as desired or provide an as-equal finished product. 33. Centering post under intersection 4X4 beams at fillets A/C-1 will make the use of a Simpson CC44, as called out, impossible. Post would need to be located directly under one of the beams to use a CC44 and the intersecting beam bolted thereto. Refer to response to Questions No. 2 above. 34. Attachment for Trex curb C/C-1 is not called out. Refer to response to Questions No. 2 above. 35. Since the composite decking material must color match between the modular units and the field construction in-fill, can you provide the style and color of Trex which your sole source modular unit fabricator will use? See response to questions no. 14. 36. We assume that "decompacting" (PR-1) is equivalent to rototilling 6" deep. Is this a correct assumption? Yes 37. Can you please post or send the sign in sheet for the pre-bid attendance meeting on 7- 31-13 for the Lake Calavera Trails project? The pre-bid sign in sheet has been posted on the project site. ^<jllll^gJ0^' Citv of Carlsbad Public Works - Contract Administration Septembers, 2013 ADDENDUM NO. 2 RE: LAKE CALAVERA TRAILS BOARDWALK AND WETLAND RESTORATION BID No. PWS13-48PKS Please include the attached addendum In the Notice to Bidders/Request for Bids package you have for the above project. This page—receipt acknowledged—must be Included in your bid when your bid is submitted. Sr. Contract Administrator ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2 ler's Signature 1635 Faraday Avenue • Carlsbad. CA 92008-7314 • (760) 602-4677 • FAX (760) 602-8562 @ ^^^^ ADDENDUM NO. 2 LAKE CALAVERA TRAILS BOARDWALK AND WETLAND RESTORATION PROJECT NO. 38661 BID NO. PWS13-48PKS City of Carlsbad Carlsbad, California September 5, 2013 City of Carlsbad Parks & Recreation - Park Development 799 Pine Ave., Suite 200 Carlsbad, CA 92008 Steven Jantz, Project Manager NOTICE: This Addendum forms a part of the Contract Documents for the above identified project and modifies portions of the original Plans and Contract Specifications. Documents not specifically mentioned in this Addendum remain in full force. Acknowledge receipt of this Addendum on the Bid Form. Failure to do so may subject bidder to disqualification. All trades affected shall be fully advised of these changes, deletions, or additions. This Addendum No. 2 consists of 5 pages and 3 items. Item 1 Pages 12 and 13 of the contract documents are hereby deleted and replace by the attached revised Contractor's Proposal form. Bids are still due date 2:00 p.m. on Wednesday September 18, 2013. Item 2 Drawing of the Plans and Specifications of the contract documents are hereby deleted and replace by the attached revised drawing sheets TS-1(R). PR-1(R), C-1(R), C-2(R), and S- 1(R). Bids are still due date 2:00 p.m. on Wednesday September 18, 2013. Item 3 Clarification: The contractor is required to provide a Project Biologist that meets the minimum qualifications outlined in the contract documents. The Contractor, Contractors' Biologist, and city's Project Manager will verify the boardwalk alignments, boundaries and location of project limits, boardwalk terminus points, and the location of the wetland creation sites along Lake Blvd. and the trail. The Contractors' Biologist will ensure the construction and mitigation elements of the project meet the resource agency permit conditions, and will W sign off on the project at the end of the 120-day maintenance period. Addendunm No 2. CITY OF CARLSBAD LAKE CALAVERA TRAILS BOARDWALK AND WETLAND RESTORATION PROJECT NO. 38661 BID NO. PWS 13-48 PKS CONTRACTOR'S PROPOSAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete the Lake Calavera Trails Boardwalk and Wetland Restoration Project No. 38661 in accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: SCHEDULE "A" TRAIL BOARDWALK TRAIL CONSTRUCTION Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) A-1 Mobilization Not to $ 3.000 $ 3,000 Exceed (Price in Words) A-2 Clearing, grubbing, LS $ $. removal of vegetation and associated slash, and Erosion Control as specified herein (Price in Words) A-3 Installation of Diamond 285 EA $ $. Piers D-75 with 50" pins (Price in Words) Addendunm No 2. A-4 Wood framing/TREX 975 l.f. $ $. Boardwalk construction complete (Mr. Boardwalk or approved equal) (Price in Words) A-5 Mitigation preparation, LS $ $_ planting, and irrigation as specified herein (Price in Words) A-6 Mitigation, planting and LS $ $. irrigation 120 day maintenance as specified herein (Price in Words) Total amount of bid in words for Schedule "A" (Items A-1 through A-5) Total amount of bid in numbers for Schedule "A" (Items A-1 through A-5): $ Addendunm No 2. SCHEDULE "B" HABITAT MITIGATION AND RESTORATION Approximate Item No. Description B-1 Mobilization (Price in Words) Quantity And Unit Not to exceed Unit Price (Figures) $ 2.000 Total Amount (Figures) $ 2.000 B-2 Clearing, grubbing, removal of vegetation & associated slash, and erosion control as specified herein LS $ $ (Price in Words) B-3 Mitigation preparation, planting, and irrigation as specified herein L.S. $ $ (Price in Words) B-4 Mitigation planting and irrigation 120 day maintenance as specified herein LS $ $ (Price in Words) Total amount of bid in words for Schedule "B" (Items B-1 through B-2): Total amount of bid in numbers for Schedule "B" (Items B-1 through B-2): w $. Addendunm No 2. Total amount of bid in words including Schedule "A" and Schedule B": Total amount of bid in numbers including Schedule "A" and Schedule "B": $ The basis of award will be the sum of Schedule "A" and "B". Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). has/have been received and is/are included in this proposal. Addendunm No 2. Citv of Carlsbad Public Works - Contract Administration September 12 2013 ADDENDUM NO. 3 RE: LAKE CALAVERA TRAILS BOARDWALK AND WETLAND RESTORATION BID No. PWS13-48PKS Please include the attached addendum in the Notice to Bidders/Request for Bids package you have for the above project. This page—receipt acknowledged—must be included in your bid when your bid is submitted. :EVINL.^AVIS Sr. Contract Administrator ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 3 Bidder's Signature 1635 Faraday Avenue • Carlsbad. CA 92008-7314 • (760) 602-4677 • FAX (760) 602-8562 @ ADDENDUM NO. 3 LAKE CALAVERA TRAILS BOARDWALK AND WETLAND RESTORATION PROJECT NO. 38661 BID NO. PWS13-48PKS City of Carlsbad Carlsbad, California September 11, 2013 City of Carlsbad Parks & Recreation - Park Development 799 Pine Ave., Suite 200 Carlsbad, CA 92008 Steven Jantz, Project Manager NOTICE: This Addendum forms a part of the Contract Documents for the above identified project and modifies portions of the original Plans and Contract Specifications. Documents not specifically mentioned in this Addendum remain in full force. Acknowledge receipt of this Addendum on the Bid Form. Failure to do so may subject bidder to disqualification. All trades affected shall be fully advised of these changes, deletions, or additions. This Addendum No. 3 consists of 5 pages and 2 items. Item 1 Pages 12 and 13 ofthe contract documents, as well as the attachment to Addendum No. 2, are hereby deleted and replace with the attached revised Contractor's Proposal form. Bids are still due date 2:00 p.m. on Wednesday September 18, 2013. Item 2 Clarification: The intent of the project is to construct the boardwalk to a maximum deck height of 30" above finish grade. With this, the detail shown on Sheet C-1R should have reflected the 30" maximum height to the deck and not to the runner rails. Construction detail C-C on Sheet C-1R is therefore corrected to reflect a maximum deck height of 30". In addition, note #5 on Sheet 7 (C-2R) is also corrected to indicate a maximum deck height of 30". Addendum No. 3 CITY OF CARLSBAD LAKE CALAVERA TRAILS BOARDWALK AND WETLAND RESTORATION PROJECT NO. 38661 BID NO. PWS 13-48 PKS CONTRACTOR'S PROPOSAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete the Lake Calavera Trails Boardwalk and Wetland Restoration Project No. 38661 in accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: SCHEDULE "A" TRAIL BOARDWALK TRAIL CONSTRUCTION Approximate 'ten^ Quantity Unit Price Total Amount Na Description And Unit (Figures) (Figures) A-1 Mobilization Not to $ 3.000 $ 3.OOO Exceed (Price in Words) A-2 Clearing, grubbing, LS $ $ removal of vegetation and associated slash, and Erosion Control as specified herein (Price in Words) A-3 Installation of Diamond 285 EA $ Piers D-75 with 50" pins (Price in Words) Addendum No. 3 A-4 Wood framing/TREX 975 l.f. $ $ ^ Boardwalk construction W complete (Mr. Boardwalk or approved equal) (Price in Words) A-5 Mitigation preparation, LS $ $ planting, and irrigation as specified herein (Price in Words) A-6 Mitigation, planting and LS $ $ irrigation 120 day maintenance as specified herein (Price in Words) Total amount of bid in words for Schedule "A" (Items A-1 through A-6) Total amount of bid in numbers for Schedule "A" (Items A-1 through A-6): $ Addendum No. 3 SCHEDULE "B" HABITAT MITIGATION AND RESTORATION Item No. Description B-1 Mobilization (Price in Words) Approximate Quantity Unit Price And Unit (Figures) Not to exceed $ 2.000 Total Amount (Figures) $ 2.000 B-2 Clearing, grubbing, removal of vegetation & associated slash, and erosion control as specified herein LS $ (Price in Words) B-3 Mitigation preparation, planting, and irrigation as specified herein LS. $ (Price in Words) B-4 Mitigation planting and irrigation 120 day maintenance as specified herein LS $ $ (Price in Words) Total amount of bid in words for Schedule "B" (Items B-1 through B-4): Total amount of bid in numbers for Schedule "B" (Items B-1 through B-4): $ Addendum No. 3 Total amount of bid in words including Schedule "A" and Schedule B : Total amount of bid in numbers including Schedule "A" and Schedule "B": $ The basis of award will be the sum of Schedule "A" and "B". Price(s) given above are firm for 90 days after date of bid opening. Addendums Nos. have been received and are included in this proposal. Addendum No. 3 CONTRACT PUBLIC WORKS This agreement is made this 1^ day of A/oi/gmibgr" , 2013, by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and I O Environmental and Infrastructure, Inc. whose principal place of business is 2840 Adams Avenue Suite 301 San Diego CA 92116 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: LAKE CALAVERA TRAILS BOARDWALK AND WETLAND RESTORATION PROJECT NO. 38661 BID NO. PWS 13-48 PKS (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Non-collusion Declaration, Designation of Subcontractors, Technical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion ofthe work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure ofthe Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this Contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203. 1^ Revised 1 /30/13 Bid No. PWS 13-48 PKS Page 29 of 131 Pages 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the ^ work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the Contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (A) Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. (B) Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. (0) Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this Contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. Contractor shall retain any and all rights provided either by Contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USO sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, ^ except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, ^ arbitration, or other dispute resolution method. Revised 1 /30/13 Bid No. PWS 13-48 PKS Page 30 of 131 Pages Contractor shall also defend and indemnify the City against any challenges to the award of the ^ Contract to Contractor, and Contractor will pay all costs, including defense costs for the City. ^ Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the Contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or othen/vise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 9. Insurance. Contractor shall procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy # 70. (A) Coverages and Limits: Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the Contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional Insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each Insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Revised 1 /30/13 Bid No. PWS 13-48 PKS Page 31 of 131 Pages (C) Notice of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be non-renewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the City by certified mail, return receipt requested. (D) Deductibles and Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy # 70. (H) Verification of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 10. Claims and Lawsuits. All claims by Contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in Section 3 of the General Provisions. The Contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the Contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any Contract claim submitted to the City must be asserted as part of the Contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the Revised 1 /30/13 Bid No. PWS 13-48 PKS Page 32 of 131 Pages V false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are Incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future Contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 10 above, init 11. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this Contract for any obligation established by this Contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 12. Unfair Business Practices. In entering into a public works Contract or a subcontract to supply goods, services, or materials pursuant to a public works Contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, sen/ices, or materials pursuant to the public works Contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 13. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or othen/vise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. Revised 1 /30/13 Bid No. PWS 13-48 PKS Page 33 of 131 Pages 14. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: CITY OF CARLSBAD a municipal corporation of ATTEST: BARBARA ENGLESON, City;j81erk (sign here) /I ^(P""* Vi-ome arwl ifitle) By: l/Ufi/yCji}^^ ^ (print name and title) ^ , ^ President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney =,:M1 Assistant City Attorney V Revised 1/30/13 Bid No. PWS 13-48 PKS Page 34 of 131 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of On before me, personally appeared , ' Name{s) of Signer(s) HiylM»EW«>W,M«<MyP»blic Here Insert Name i f the Officar PHYLLIS E. WEBSTER t Commission # 2025237 | Notary Public - California | San Dicgo County | Mv Comm. Expires Jun 15.20171 ^ 9W 9 9 t ^ who proved to me on the basis of satisfactory evidence to be the person (s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature: OPTIONAL — Though the information below is not required by taw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Bond number: 0633650 Premium included in Performance Bond. LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of Califomia. by Resolution No. 21,388. adopted October 8, 2013, has awarded to I 0 Environmental and Infrastructure, Inc. (hereinafter designated as the "Princlpar), a Contract for: LAKE CALAVERA TRAILS BOARDWALK AND WETLAND RESTORATION PROJECT NO. 38661 BID NO. PWS 13-48 PKS in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in. upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, I O ENVIRONMENTAL AND INFRASTRUCTURE, INC.. as Principal, (hereinafter designated as the "Contractor"), and International Fidelity Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of Three Hundred Fifty Eight Thousand Nine Hundred Fifty Two Dollars and Twenty Cents ($358,952.20), said sum being an amount equal to; One hundred percent (100%) of the total amount payable under the terms of the Contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in. upon, for, or about the perfonnance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with Califomia Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorne/s fees, to be fixed by the court consistent with Califomia Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in Califomia Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the tenns of the Contract, or to the work to be performed hereunder or the specifications accompanying the same Revised 1/30/13 Bid No. PWS 13-48 PKS Page 36 of 131 Pages Shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the Contract or to the work or to the specffications. In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR tnis dayof. 20_L3L. Executed by SURETY this of October 21st day ..20j3_. CONTRACTOR: I O Environmental and Infrastructure, Inc. (namepf Contractor) (sign here (print name here) ind organization«f signatory) SURETY: International Fidelity insurance Company (name of Surety) 13400 Sabre Springs Pkwy., Ste. 245, San Diego, CA 92128 (address of Surety) 858.513.1795 telephone number of Surety) <tiUe ancyorganization of sigi (signature of Attorney-in-Fact) N Michael R. Strahan (printed name of Attorney-in-Fact) (anacn corporate resolution showing current power of attomey) signatory (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice procidont and secretary or asciotCOTt eoorotary muot sign for oorporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER. City Attorney By: A^lstant City Attomey I Revised 1/30/13 Bid No. PWS 13-48 PKS Page 36 of 131 Pages Tel (973) 624 7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FiDELnY INSURANCE COMPANY , a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsylvania, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint MICHAEL R. STRAHAN San Diego, CA _^ their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by taw, statute, rule regu^a^^^^^ and the execufion of such instrument(sl in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same t^ad been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the foilowina resolution adopted by the Board qf Directore of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2011) and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000: "RESOLVED that (1) the President, Vice President, Executive Vice President, or Secretary ofthe Corporation shalt have the power to appoint, and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attomey, arid to execute on behalf of the Corporation and affix the Corporation's sealthereto. bonds, undertakings, recognizances, contracts of indenrinity and other wntten obligations in the nature thereol or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the ai^jointments of lOint-control custo^^^ aoents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature ofanv such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification giv^ for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such sigriature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation wtth the same force and effect as though manually affixed. IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 12th day of March, 2012, STATE OF NEW JERSEY County of Essex ROBERT W. MINSTER Executive Vice President/Chief Operattng Officer (International Fidelity Insurance Company) and President (Allegheny Casualty Company) On this 12th day of March 2012, before me came the individual who executed the preceding instrument, to me personalty known, and, being by me duly swom, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seats and his signature were duty affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, t have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. A NOTARY PUBLIC OF NEW JERSEY My Commission Expires Mar. 27,2014 CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attomey and affidavit, and the copy of the Sections of the By-Laws of said Companies es set foih in said Power of Attomey, with the originals on file in the home office of said companies, and friat the same are correct transcripts thereof, and of the witole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. TESTIMONY WHEREOF, have hereunto set my hand this olid- dayof %^hAu, o^l^* ACKNOWLEDGMENT State of California County of San Diego On October 21st, 2013 before me, E.B. Strahan, Notary Public (insert name and title of the officer) personally appeared Micliael R Strahan ^ who proved to me on the basis of satisfactory evidence to fc>e the personj;€0 whose name(?f)ds35afe^ subscribed to the within instrument and acknowledged to me thal^e^sheAhey executed the same in (hip^er/tb©if authorized capacity(i«s), and that by(^0\&JihGif signature(?J on the instrument the person^, or the entity upon behalf of which the person)^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true ind correct. WITNESS my hand and official seal. Signature (Seal) E. B. STRAHAN f ^'I'^^k Commission # 1893622 | Notary Public - California 1 San Diego County g My Comm. Expires Jun 25, 2014 I v'*v>*v''^p*v'*v'^i'''V'''V'''V'Hr'V''V'^''V'% CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE § 1189 State of California County of ^^/VO O/i^-^ before me, Phyllfa E WelwiMv MtnafyI Here Insert Name and Titlafcf the Officer personally appeared •// J Name(s) of Slgner(s) PHYLLIS E. WEBSTER Commission # 2025237 Notary Public • California San DIego County My Comm. ExpirasJun 15. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand/^d official seal Place Notary Seal Atwve Signature: OPTIONAL — Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another documeni Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ) 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 ^^^^ Bond nunnber: 0633650 Premiunn: $6,384.00 Premium is for contract term FAITHFUL PERFORMANCE/WARRANTY BOND and subject to adjustment based on final contract amount. WHEREAS, the City Council of the City of Carlsbad, State of Califomia. by Resolution No. 21,388. adopted October 8, 2013. has awarded to I 0 Environmental and Infrastructure. Inc, (hereinafter designated as the "Principal"), a Contract for: LAKE CALAVERA TRAILS BOARDWALK AND WETLAND RESTORATION PROJECT NO. 38€61 BID NO. PWS 13^8 PKS m the City of CarlsDad, In strtci conformity with the contract, the drawings and specffications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carisbad, ali of which are incorporated herein by this reference. WHEREAS. Principal has executed or is about lo execute said Contract and the tenns thereof require the fumishing of a bond for the faithful pert'onmance and wan-anty of said Contract; NOW. THEREFORE. WE. I O ENVIRONMENTAL AND INFRASTRUCTURE. INC.. as Principal, (hereinafter designated as the "Contractor"), and International Fidelity Insurance Company as Surety, are hekl firmly bound unto the City of Carisbad in the sum of Three Hundred Fifty Eight Thousand Nine Hundred Fifty Two Dollars and Twenty Cents ($358,952.20). eaid sum boing an amount equal lo: One hundred percent (100%) of the total amount payable under the tenms of the Contract by the City of Cartsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, finnly by these presents. THE CONDITION OF THIS OBUGATION IS SUCH that If the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall In ail things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to b9 kept and performed at the time and In the manner therein specified, and in all respects according to their toie intent and meaning, and shall Indemnify and save hanfntess the City of Carisbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; othenwise It shall remain in full force and effect. As a part of the obligation secured hereby and in addition lo the face amount specified therefore, there shall be Included costs and reasonable expenses and fees, including reasonable attomey's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surpty stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the temis of the Contract or to the wori< or to the specifications. W Revised 1/3W13 Bid No. PWS 13-46 PKS Page 37 of 131 Pages In the event that Contractor is an indivlduai, it Is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this olBrA day Of Gch?itP^ 20 CONTRACTOR: 10 Environmental and Infrastructure, Inc. Executed by SURETY this October 21st day of .2013 SURETY: International Fidelity Insurance Company By: (name of Contractor) (name of Surety) 13400 Sabre Springs Pkwy., Ste. 245, San Diego, CA 92128 (address of Surety) 858.513.1795 (telephone numlser of Surety) (sign here) Alike -T iXil-P^.. , (print name here) '^Jtf^lHyt/t ^ t^'fyOyJri}AJlMe4>l^'^^n^.. of Attomey-in-Fact) (Title and Organization of Signatory) (sign h&B) Michael R. Strahan (print name here) Xoer (printed name of Attorney-in-Fact) (Attach corporate resolution showing cunrenl power of attorney.) (Title and CJ^anization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CEUA A. BREWER, City Attomey Assistant City Attorney \ Revised 1/30/13 Bid No. PWS 13*48 PKS Page 38 of 131 Pages Tel (9/3) 624^7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK. NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELHTY INSURANCE COMPANY , a corporatton organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsylvania, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint ; MICHAEL R. STRAHAN San Diego, CA. their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or. permitted by law, statute rule regu^at^^^^^ and the execufion of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATipislAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authorfty of the foitowing resolution adopted by the Board of Directore of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 20-10 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000: "RESOLVED that {1) the President, Vice President, Executive Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or fimited in their respective powere of attorney, and to execute on behalf of the Corporation and affix the CorpiM-ation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other wntten obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of lOint-cpntrol custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such sigriature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the onginal seal ot the Corporation, to be valid and binding upon the Coiporation with the same force and effect as though manually affixed. IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 12th day of March, 2012. STATE OF NEW JERSEY County of Essex ROBERT W. MINSTER Executive Vice President/Chief Operating Officer (International Fidelity Insurance Company) and President (Allegheny Casualty Company) On this 12th day of March 2012, before me came the individual who executed the preceding instrument to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY ; that the seats affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, ^,„„^ at the City of Newark, New Jersey the day and year first above written. % TPs.. JS? A NOTARY PUBLIC OF NEW JERSEY My Commission Expires Mar. 27,2014 CERTIFICATION t, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that t have compared the foregoing copy of the Power of Attomey and affidavit, and the copy of frie Sections of the By-Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of flia whole of the said originals, and that the said Power of Attorney has not been revoked and is now In full force and effect. '"^'^ TESTIMONY WHEREOF, 1 have hereunto set my hand this MARfeA BRANCO, Assistant Secretary ACKNOWLEDGMENT State of California County of San Diego On October 21st, 2013 before me, E.B. Strahan, Notary Public (insert name and title of the officer) Michael R Strahan personally appeared who proved to me on the basis of satisfactory evidence to be the personj^ whose name(sf)ds3bfe- sjubscribed to the within instrument and acknowledged to me that^e^stie/they executed the same in (hipher/tbdif authorized capaclty(i«ft), and that bv(@lWtftheif signature(^ on the instrument the personj;sX or the entity upon behalf of which the personiar)" acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true ^nd correct. WITNESS my hand and official seal. Signature ^ .O. .A. A, rfti„H,|||^ 1^ liU, ^ ^ E. B. STRAHAN Commission # 1893622 (Seal) Notary Public - California San Diego County My Comm. Expires Jun 25, 2014 L ' IIIP ^t,inn miii^peimipnyi CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE S 1189 State of California of S/HJ 'b/^yht:' County PIVlli E WMHT, Nola^ Public On I ^3before me, ^' Date"' Here Insert Name and Title oytie Oftjcer . personally appeared JD I k^^ Cf- 13) L^I^^^Mc.PTU C/A JO- , Name(s) of Slgner(s) GrBJL UA3f , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. #1 • • A il PHYLLIS E. WEBSTER J Commission # 2025237 I Notary Public - California 1 San Diego County g My Comm. Expires Jun 15.20171 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above WITNESS my Signature: OPTIONAL — nd official seal. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here > 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN UEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Cartsbad whose address is 1200 Cartsbad Village Drive, Carisbad, California, 92008, hereinafter called "City" and ^whose address is hereinafter called "Contractor" and whose address is hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for LAKE CALAVERA TRAILS BOARDWALK AND WETLAND RESTORATION PROJECT NO. 38661 BID NO. PWS 13-48 PKS in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per Contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this Contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. Revised 1 /30/13 Bid No. PWS 13-48 PKS Page 39 of 131 Pages V 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title FINANCE DIRECTOR Name Chuck McBride Signature Address 1635 Faradav Avenue. Carisbad. CA 92008 For Contractor: Title Name Signature Address _ For Escrow Agent: Title Name Signature Address At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. Revised 1 /30/13 Bid No. PWS 13-48 PKS Page 40 of 131 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: Title MAYOR Name Signature Address 1200 Carlsbad Villaoe Drive. Carlsbad. CA 92008 For Contractor: Title Name Signature Address _ For Escrow Agent: APPROVED AS TO FORM: CELIA A. BREWER, City Attorney Title Name Signature Address By: Assistant City Attorney Revised 1/30/13 Bid No. PWS 13-48 PKS Page 41 of 131 Pages GENERAL PROVISIONS FOR LAKE CALAVERA TRAILS BOARDWALK AND WETLAND RESTORATION PROJECT NO. 38661 BID NO. PWS 13-48 PKS CITY OF CARLSBAD BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1, GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 -- TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 TERMS - Unless othenA/ise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated othenA/ise. 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated othenA/ise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent', and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless othenA/ise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Revised 8/10/10 Bid No. PWS 13-48 PKS Page 42 of 131 Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 Definitions. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Addendum - Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bulletins and all other types of written notices issued to potential bidders prior to opening of Bids. Agency - The City of Carlsbad, California. Agreement - See Contract. Agreement is synonymous to Contract. Assessment Act Contract - A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County. Base - A layer of specified material of planned thickness placed immediately below the pavement or surfacing. Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder - Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board - The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carlsbad or the Board of Directors of Carlsbad Municipal Water District. Bond - Bid, performance, and payment bond or other instrument of security. City Council - the City Council of the City of Carisbad. City Manager - the City Manager of the City of Carisbad or his/her designated representative. Cash Contract - A Contract financed by means other than special assessments. Change Order - A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code - The terms Government Code, Labor Code, etc., refer to codes of the State of California. Construction Manager - the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Contract - The written agreement between the Agency and the Contractor covering the Work. Revised 8/10/10 Bid No. PWS 13-48 PKS Page 43 of 131 Contract Documents - Including but not limited to; the Contract, any Addendum (which pertain to the Contract documents). Notice Inviting Bids, Instructions to Bidders; Bid (including documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions, permits from other agencies, the Technical Specifications, the Supplemental Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. Contractor - The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor. The term "prime contractor" shall mean Contractor. Contract Price - The total amount of money for which the Contract is awarded. Contract Unit Price - The amount stated in the Bid for a single unit of an item of work. County Sealer - The Sealer of Weights and Measures of the county in which the Contract is let. Days - Days shall mean consecutive calendar's days unless othenA/ise specified. Deputy City Engineer, Construction Management & Inspection - The Construction Manager's immediate supen/isor and second level of appeal for Informal dispute resolution. Dispute Board - Persons designated by the City Manager of the City of Carisbad or Executive Manager of the Carisbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carisbad or the Executive Manager for the Carisbad Municipal Water District is the last appeal level for informal dispute resolution. Electrolier - Street light assemblies complete, including foundation, standard, luminaire arm, luminaire, etc. Engineer - The City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile - Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer - A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer - A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire - The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm - The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Minor Bid Item - A single Contract item constituting less than 10 percent (10%) of the original Contract Price bid. Revised 8/10/10 Bid No. PWS 13-48 PKS Page 44 of 131 V Modification - Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. Notice of Award - The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract. Notice to Proceed - A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supen/ised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes. State disability insurance payments. State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1. Person - Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans ~ The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract ~ Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project Inspector - The Engineer's designated representative for inspection. Contract administration and first level for informal dispute resolution. Proposal - See Bid. Reference Specifications - Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. Roadway - The portion of a street reserved for vehicular use. Service Connection - Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer - Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Specifications - General Provisions, Standard Specifications, Technical Specifications, Reference Specifications, Supplemental Provisions, and specifications in Supplemental Agreements between the Contractor and the Agency. Standard - The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. Revised 8/10/10 Bid No. PWS 13-48 PKS Page 45 of 131 Standard Plans - Details of standard structures, devices, or instructions referred to on the w Plans or in Specifications by title or number. Standard Specifications - The Standard Specifications for Public Works Construction (SSPWC), the "Greenbook". State - State of California. Storm Drain - Any conduit and appurtenances intended for the reception and transfer of storm water. Street - Any road, highway, parkway, freeway, alley, walk, or way. Subbase - A layer of specified material of planned thickness between a base and the subgrade. Subcontractor - An individual, firm, or corporation having a direct Contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. Subgrade - For roadways, that portion of the roadbed on which pavement, surfacing, base, subbase, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision - Supen/ision, where used to indicate supen/ision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to ^'^^ the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement - A written amendment of the Contract Documents signed by both parties. Supplemental Provisions - Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. Surety - Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. Tonne - Also referred to as "metric ton". Represents a unit of measure in the International System of Units equal to 1,000 kilograms. Utility - Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private easement. Work - That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. Revised 8/10/10 Bid No. PWS 13-48 PKS Page 46 of 131 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, is applicable to these Standard Specifications and to project Plans or other Contract Documents. All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the "Manual of Steel Construction" published by the American Institute of Steel Construction, Inc. 1-3.2 Common Usage Abbreviation Word or Words ABAN Abandon ABAND Abandoned ABS Acrylonitrile - butadiene - styrene AC Asphalt Concrete ACP Asbestos cement pipe ACWS Asphalt concrete wearing surface ALT Altemate APTS Apartment and Apartments AMER STD American Standard AWG American Wire Gage (nonferrous wire) BC Beginning of curve BCR Beginning of curb return BDRY Boundary BF Bottom of footing BLDG Building and Buildings BM Bench mark. BVC Beginning of vertical curve B/W Back of wall C/C Center to center CAB Crushed aggregate base CALYOSHA Califomia Occupational Safety and Health Administration CalTrans Califomia Department of Transportation CAP Corrugated aluminum pipe CB Catch Basin Cb Curb CBP Catch Basin Connection Pipe CBR Califomia Bearing Ratio CCR Califomia Code of Regulations CCTV Closed Circuit TV CES Carlsbad Engineering Standards CF Curt5 face CF Cubic foot C&G Curia and gutter CFR Code of Federal Regulations CFS Cubic Feet per Second CIP Cast iron pipe CIPP Cast-in place pipe CL Clearance, center line CLF Chain link fence CMB Crushed miscellaneous base CMC Cement mortar-coated CML Cement moritar-lined CMWD Carlsbad Municipal Water District CO Cleanout (Sewer) COL Column COMM Commercial CONC Concrete CONN Connection CONST Construct, Construction COORD Coordinate CSP Corrugated steel pipe CSD Carisbad Standard Drawings CTB Cement treated base CV Check valve CY Cubic yard D Load of pipe dB Decibels DBL Double DF Douglas fir DIA Diameter DIP Ductile iron pipe DL Dead load DR Dimension Ratio DT Drain Tile DWG Drawing DWY Driveway DWY APPR Driveway approach E Electric EA Each EC End of curve ECR End of curiD retum EF Each face EG Edge of gutter EGL Energy grade line El Elevation ELC Electrolier lighting conduit ELT Extra long ton ENGR Engineer, Engineering EP Edge of pavement ESMT Easement ETB Emulsion-treated base EVC End of vertical curb EWA Encina Wastewater Authority EXC Excavation EXP JT Expansion joint EXST Existing F Fahrenheit F&C Frame and cover F&l Fumish and install FAB Fabricate FAS.. Flashing arrow sign Revised 8/10/10 Bid No. PWS 13-48 PKS Page 47 of 131 FD Floor drain FDN Foundation FED SPEC Federal Specification FG Finished grade FH Fire hydrant FL Flow line FS Finished surface FT-LB Foot-pound FTG Footing l=W Face of wall G Gas GA Gauge GAL Gallon and Gallons GALV Galvanized GAR Garage and Garages GIP Galvanized iron pipe GL Ground line or grade line GM Gas meter GNV Ground Not Visible GP Guy pole GPM gallons per minute GR Grade GRTG Grating GSP Galvanized steel pipe H. High or height HB Hose bib HC House connection HDWL Headwall HGL Hydraulic grade line HORIZ Horizontal HP Horsepower HPG High pressure gas HPS High pressure sodium (Light) HYDR Hydraulic IE Invert Elevation ID Inside diameter INCL Including INSP Inspection INV Invert IP Iron pipe JC Junction chamber JCT Junction JS Junction stmcture JT Joint L Length LAB Laboratory LAT Lateral LB Pound LD Local depression LF Linear foot LH Lamp hole LL Live load LOL Layout line LONG Longitudinal LP Lamp post LPS Low pressure sodium (Light) LS Lump sum LTS Lime treated soil LWD Leucadia Wastewater District MAINT Maintenance MAX Maximum MCR Middle of curb return MEAS Measure MH Manhole, maintenance hole MIL SPEC Military specification M ISC Miscellaneous MOD Modified, modify MON Monument MSL ..Mean Sea Level (Reg. Standard Drawing M-12) MTBM Microtunneling Boring Machine MULT Multiple MUTCD Manual on Uniform Traffic Control Devices MVL Mercury vapor light NCTD North County Transit District NRCP Nonreinforced concrete pipe OBS Obsolete OC On center OD Outside diameter OE Outer edge OHE Overiiead Electric OMWD Olivenhain Municipal Water District OPP Opposite ORIG Original PB Pull box PC Point of curvature PCC Portland cement concrete or point of compound cun/ature PCVC Point of compound vertical curve PE Polyethylene PI Point of intersection PL Property line PMB Processed miscellaneous base POC Point on curve POT Point on tangent PP Power pole PRC Point of reverse curve PRVC Point of reverse vertical curve PSI Pounds per square inch PT Point of tangency PVC Polyvinyl chloride PVMT Pavement PVT R/W Private right-of-way Q Rate of flow in cubic feet per second QUAD Quadrangle, Quadrant R Radius R&O Rock and oil R/W Right-of-way RA Recycling agent RAC Recycled asphalt concrete RAP Reclaimed asphalt pavement RBAC Rubberized asphalt concrete RC Reinforced concrete RCB Reinforced concrete box RCE Registered civil engineer RCP Reinforced concrete pipe RCV Remote control valve REF Reference REINF Reinforced or reinforcement RES Reservoir RGE Registered geotechnical engineer ROW Right-of-Way RR Railroad RSE Registered structural engineer RTE Registered traffic engineer S Sewer or Slope, as applicable SCCP Steel cylinder concrete pipe SD Storm drain SDNR San Diego Northern Railway Revised 8/10/10 Bid No. PWS 13-48 PKS Page 48 of 131 SDR ...Standard thermoplastic pipe dimension ratio (ratio of pipe O.D. to minimum wall thickness) SDRSD San Diego Regional Standard Drawings SE Sand Equivalent SEC Section SF Square foot SFM Sewer Force Main SI International System of Units (Metric) SPEC Specifications SPPWC Standard Plans for Public Wori<s Construction SSPWC Standard Specifications for Public Wori<s Construction ST HWY State highway STA Station STD Standard STR Straight STR GR Straight grade STRUC Structural/Structure SW Sidewalk SWD Sidewalk drain SY Square yard T Telephone TAN Tangent TC Top of curia TEL Telephone TF Top of footing TOPO Topography TR Tract TRANS Transition TS Traffic signal or transition structure TSC Traffic signal conduit TSS Traffic signal standard TW Top of wall TYP Typical UE Underground Electric USA Underground Sen/ice Alert VAR Varies, Variable VB Valve box VC .Vertical cun/e VCP Vitrified clay pipe VERT Vertical VOL Volume VWD Vallecitos Water District W Water, Wider or Width, as applicable WATCH \Nork Area Traffic Control Handbook Wl Wrought iron WM Water meter WPJ Weakened plane joint XCONN Cross connection XSEC Cross section 1-3.3 Institutions. Abbreviation Word or Words AASHTO American Association of State Highway and Transportation Officials AISC American Institute of Steel Construction ANSI American National Standards Institute API American Petroleum Institute AREA American Railway Engineering Association ASTM American Society for Testing and Materials AWPA American Wood Preservers Association AWS American Welding Society AWWA American Water Works Association FHWA Federal Highway Administration GRI Geosynthetic Research Institute NEMA National Electrical Manufacturers Association NOAA National Oceanic and Atmospheric Administration (Dept. of Commerce) UL UndenA/riters' Laboratories Inc. USGS United States Geological Survey Revised 8/10/10 Bid No. PWS 13-48 PKS Page 49 of 131 1-4 UNITS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test requirements contained herein use SI units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the SI units shall control. S.I. units and U.S. Standard Measures in parenthesis may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors. 1-4.2 Units of Measure and Their Abbreviations. U.S. Customary Unit (Equal To) SI Unit (Abbreviations) (Abbreyiations) 1 mil (=0.001 in) 25.4 micrometer (jim) 1 inch (in) 25.4 millimeter (mm) 1 inch (in) 2.54 centimeter (cm) 1 foot (ft) 0.3048 meter (m) 1 yard (yd) 0.9144 meter (m) 1 mile (mi) „ 1.6093 kilometer (km) 1 square root (ft^).. 0.0929 square meter (m^) 1 square yard (yd ) 0.8361 square meter (np ) 1 cubic foot (ft) 0.0283 cubic meter (m^) 1 cubic yard (yd^ 0.7646 cubic meter (m ) 1 acre 0.4047 hectare (ha) 1 U.S. gallon (gal) 3.7854 Liter (L) 1 fluid ounce (fl. oz.) 29.5735 millileter (mL) 1 pound mass (Ib) (avoirdupois) 0.4536 kilogram (kg) 1 ounce mass (oz) 0.02835 kilogram (kg) 1 Ton (=2000 Ib avoirdupois) 0.9072 Tonne (= 907 kg) 1 Poise 0.1 pascal second (Pa s) 1 centistoke (cs) 1 square millimeters per second (mm /s) 1 pound force (Ibf) 4.4482 Newton (N) 1 pounds per square inch (psi) 6.8948 Kilopascal (kPa) 1 pound force per foot (Ibf/ft) 1.4594 Newton per meter (N/m) 1 foot-pound force (ft-lbf) 1.3558 Joules (J) 1 foot-pound force per second ([ft-lbf]/s) 1.3558 Watt (W) 1 part per million (ppm) 1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit (°F): Degree Celsius (°C): °F = (1.8 X °C) -I- 32 °C = (°F - 32)/1.8 1 Ampere (A) 1 Volt (V) 1 Candela (cd) 1 Lumen (Im) 1 second (s) SI Units (abbreviation) Commonly Used in Both Systems Revised 8/10/10 Bid No. PWS 13-48 PKS Page 50 of 131 Common Metric Prefixes kilo (k) 10^ centi (c) 10'^ milli (m) 10'^ micro (|j.) 10"® nano (n) 10'^ pico(p) 10"^^ 1-5 SYMBOLS A Delta, the central angle or angle between tangents Z Angle % Percent Feet or minutes Inches or seconds ^ Number / per or (between words) ° Degree PL Property line CL Centeriine SL Survey line or station line Revised 8/10/10 Bid No. PWS 13-48 PKS Page 51 of 131 SECTION 2 - SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Plans, Specifications, Instructions to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Agency, except that the Contractor may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Agency to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in 4104: "(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater." "(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid." If the Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for the same portion of the work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor's total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as othenA/ise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Revised 8/10/10 Bid No. PWS 13-48 PKS Page 52 of 131 Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Agency may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the sutx)ontract involved, after a public hearing. Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the Contract price with its own organization, the Agency may at its sole discretion elect to cancel the Contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the Contract price by other than the Contractor's own organization. The Agency shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the Agency and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization. Contract work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract, and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work. 2-3.4 Minimum Habitat Restoration Contractor Qualifications. The Habitat Restoration Contractor will be a qualified, licensed company, with experience in native habitat restoration, creation and maintenance. The Habitat Restoration Contractor will be responsible for performing project installation, including site preparation, grading, seeding, planting, erosion control, and other tasks as directed by the city and as described in the Habitat Mitigation and Monitoring Plan (HMMR) prepared by Dudek, dated August 2012 and incorporated herein as Appendix B. The contractor firm shall have previous experience with native habitat restoration and mitigation of similar size and scope. Contractor firm shall have conducted native habitat restoration and creation for a minimum of 8 years on at least five separate projects. Contractor firm shall have performed biological monitoring services for a minimum of 5 years on at least two separate projects. Revised 8/10/10 Bid No. PWS 13-48 PKS Page 53 of 131 Contractor's project manager shall possess a bachelor's degree in biology, botany, ecology, landscape architecture or a related, approved field that is experienced with habitat restoration and creation processes. The project manager shall possess a minimum of 8 years' experience working with habitat management, monitoring and reporting and a demonstrated track record of successful preserve management projects. The project manager shall be thoroughly familiar with all aspects of open space preserve maintenance work Including the following areas of specific maintenance knowledge and certifications that are considered mandatory for this project: • Ability to identify upland and wetland native and non-native species in seedling and mature stages of growth development • Knowledge of a range of weed control methods including manual removal, chemical applications (various application techniques), and mechanical options • Proof of Qualified Applicator's License • Knowledge and practical understanding of Best Management Practices • Knowledge of coastal sage scrub vegetation annual growth and dormancy cycles and water requirements. • Knowledge of specific restrictions and special needs of any and all endangered species. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Agency in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this Contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this Contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this Contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact Revised 8/10/10 Bid No. PWS 13-48 PKS Page 54 of 131 the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Agency, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the Contract until a new Surety shall qualify and be accepted by the Agency. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifications, to which the Engineer shall have access at all times. The specifications for the work include the General Provisions, project technical specifications, Carlsbad Engineering Standards (CES), Standard Specifications for Public Works Construction, (SSPWC), Part 2 & 3, and the latest supplements thereto, hereinafter designated "SSPWC", as amended. The construction plans consist of one (1) set of plans consisting of 21 sheets entitled "Lake Calavera Boardwalk Trail and Restoration, Project No. 38661". The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carisbad Engineering Standards and Carisbad Standard Drawings, as issued by the City of Carlsbad and the Carlsbad Municipal Water District, hereinafter designated as CES and CSD, respectively. Copies of some of the pertinent standard drawings are enclosed as an appendix to these General Provisions. The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Specifications and not shown on the Plans, or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work. Revised 8/10/10 Bid No. PWS 13-48 PKS Page 55 of 131 ^^^^ The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Change orders, whichever occurs last. 3) Contract addenda, whichever occurs last. 4) Contract 5) Carisbad General Provisions, Technical Specifications, and Supplemental Provisions. 6) Plans. 7) Standards plans. a) City of Carisbad Standard Drawings. b) Carisbad Municipal Water District Standard Drawings. c) City of Carisbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) Traffic Signal Design Guidelines and Standards. f) State of California Department of Transportation Standard Plans. g) State of California Department of Transportation Standard Specifications. h) California Manual on Uniform Traffic Control Devices (CA MUTCD). 8) Standard Specifications for Public Works Construction, as amended. 9) Reference Specifications. 10) Manufacturer's Installation Recommendations Detail drawings shall take precedence over general drawings. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have precedence over general plans. 2-5.3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in 2-5.3.2, 2-5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the Engineer. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required be performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, Revised 8/10/10 Bid No. PWS 13-48 PKS Page 56 of 131 unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals. The Contractor shall allow a minimum of 20 working days for review of submittals unless OthenA/ise specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal. Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. the label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of Transmittal shall contain the following: 1) Project title and Agency Contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the Contract documents. When submitted for the Engineer's review. Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: Title: Date: Company Name: 2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to clearly show all necessary details. Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be returned to the Contractor. If revisions are required, the Engineer will return one copy along with the reproducible for resubmission. Upon acceptance, the Engineer will return two of the copies to the Contractor and retain the remaining copies and the reproducible. 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions. Revised 8/10/10 Bid No. PWS 13-48 PKS Page 57 of 131 ^^^^^ 2-5.3.4 Supporting Information. Supporting information is information required by the Specifications for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Wori< unless othenA/ise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include ali manufactured items for the system. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless OthenA/ise specified in the Special Provisions: 1) List of Subcontractors per 2-3.2. 2) List of Materials per 4-1.4. 3) Certifications per 4-1.5. 4) Construction Schedule per 6-1. 5) Confined Space Entry Program per 7-10.4.4. 6) Concrete mix designs per 201-1.1. 7) Asphalt concrete mix designs per 203-6.1. 8) Data, including, but not limited to, catalog sheets, manufacturer's brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for irrigation sys- tems, street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or system. 2-5.4 RECORD DRAWINGS. The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by Section 2-5.4 shall be included in the various bid items and no additional payment will be made therefore. 2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Contract in a satisfactory manner. Unless othenA/ise provided, the Contractor shall furnish all materials, equipment, tools, labor, and incidentals necessary to complete the Work. 2-7 SUBSURFACE DATA. All soil and test hole data, water table elevations, and soil analyses shown on the drawings or included in the Specifications apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are available for inspection at the office of the Engineer. Any additional subsurface exploration shall be done by Bidders or the Contractor at their own expense. The indicated elevation of the water table is that which existed on the date when test hole data was determined. It is the Contractor's responsibility to determine and allow for the elevation of groundwater at the date of project construction. A difference in elevation between groundwater shown in soil boring logs and groundwater actually encountered during construction will not be considered as a basis for extra work. 2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be provided by the Agency. Unless othenA/ise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency f^' harmless from all claims for damages caused by such actions. Revised 8/10/10 Bid No. PWS 13-48 PKS Page 58 of 131 V 2-9 SURVEYING 2-9.1 Permanent Survey Markers. The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by §§ 8772 and 8773, et seq. of the California Business and Professions Code. 2-9.2 Survey Service. The Contractor shall hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for establishing control, construction staking, records research and all other sun/eying work necessary to construct the work, provide sun/eying sen/ices as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all sun/eying operations and shall personally supervise and certify the surveying work. 2-9.2.1 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.2.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made. Payment for the replacement of disturbed monuments and the filing of records of survey and/or corner records, including filing fees, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made. 2-9.3 Private Engineers. Sun/eying by private engineers on the Work shall conform to the quality and practice required by the Engineer. 2-9.4 Line and Grade. All work shall conform to the lines, elevations, and grades shown on the Plans. Three consecutive points set on the same slope shall be used together so that any variation from a straight grade can be detected. Any such variation shall be reported to the Engineer. In the absence of such report, the Contractor shall be responsible for any error in the grade of the finished work. Grades for underground conduits will be set at the surface of the ground. The Contractor shall transfer them to the bottom of the trench. 2-10 AUTHORITY OF BOARD AND ENGINEER. The Agency has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications. The Contractor shall promptly comply with instructions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless othenA/ise ordered by the Agency. Revised 8/10/10 Bid No. PWS 13-48 PKS Page 59 of 131 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or sut)contractor's possession pertaining to the work that the Engineer may request. 2-10.2 Audit and Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this Contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice. Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this Contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this Contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Contractor shall notify the Engineer before noon of the working day before Inspection is required. Work shall be done only in the presence of the Engineer, unless othenA/ise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized representatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these specifications. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract. (Remainder of Page Intentionally Left Blank) V Revised 8/10/10 Bid No. PWS 13-48 PKS Page 60 of 131 SECTION 3 ~ CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Wori< and which are not detrimental to the Work or to the interests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency. 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in Contract time of completion, and when negotiated prices are involved, shall provide for the Contractor's signature indicating acceptance. 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid quantity by more than 50 percent, payment will be made per Section 3-2.2.2 or 3-2.2.3 as appropriate. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 3-2.4. 3-2.2.2 Increases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. Revised 8/10/10 Bid No. PWS 13-48 PKS Page 61 of 131 V 3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement cannot be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as OthenA/ise specified in Sections 3-2.2.2 and 3-2.2.3. 3.2.4.1 Schedule of Values. Prior to construction. Contractor shall provide a schedule of values for all lump sum bid items that shall be used for the purpose of progress payments. The prices shall be valid for the purpose of change orders to the project. 3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material cannot be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. Revised 8/10/10 Bid No. PWS 13-48 PKS Page 62 of 131 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid. Non-direct labor costs, including superintendence, shall be considered part of the markup of Section 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this Contract. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer's ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer. Revised 8/10/10 Bid No. PWS 13-48 PKS Page 63 of 131 The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site. (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, sen/ices, material, and equipment These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the Contractor or Subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors' invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor 20 2) Materials 15 3) Equipment Rental 15 4) Other Items and Expenditures ... 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other sen/ices and expenditures when authorized. Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. The report shall: 1. Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. 3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. 4. Describe other services and expenditures in such detail as the Agency may require. /% Revised 8/10/10 Bid No. PWS 13-48 PKS Page 64 of 131 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the following Work site conditions (hereinafter called changed conditions), in writing, upon their discovery and before they are disturbed: 1. Subsurface or latent physical conditions differing materially from those represented in the Contract; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II, or Class III disposal site in accord- ance with provisions of existing law. The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that conditions are changed conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees. The Contractor's failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, or to any claim that is based on differences in measurement or errors of computation as to Contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. ^ Revised 8/10/10 Bid No. PWS 13-48 PKS Page 65 of 131 V 'The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code Sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." By: Title: Date: Company Name: The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the Contract be brought to the attention of the Engineer at the eariiest possible time in order that such matters are settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the work. Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Manager 2. Park Planning Manager 3. Park Superintendent 4. Director, Parks and Recreation Department 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. Revised 8/10/10 Bid No. PWS 13-48 PKS Page 66 of 131 The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the (iity Manager. Actual approval of the claim is subject to the change order provisions in the Contract. All claims by the Contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a Contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b) (1) "Public work" means "public works Contract' as defined in Section 1101 but does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the Contract for a public work and payment of which is not othenA/ise expressly provided for or the claimant is not othenA/ise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1,1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements othenA/ise provided by Contract for the filing of claims. (b) (1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c) (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted | to the claimant within 30 days after receipt of the further documentation, or within a period of ^^"^^ V Revised 8/10/10 Bid No. PWS 13-48 PKS Page 67 of 131 time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no eariier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. Revised 8/10/10 Bid No. PWS 13-48 PKS Page 68 of 131 W 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as othenA/ise provided in the Contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3. V Revised 8/10/10 Bid No. PWS 13-48 PKS Page 69 of 131 SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the generally accepted standards. Material and work quality shall be subject to the Engineer's approval. Materials and work quality not conforming to the requirements of the Specifications shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed Immediately from the site by the Contractor, at its expense, when so directed by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable notice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. Used or secondhand materials, parts, and equipment may be used only if permitted by the Specifications. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Contractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract. The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the Contract. 4-1.3 Inspection Requirements. 4-1.3.1 General. The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.3.2 Inspection by the Agency. The Agency will provide all inspection and testing laboratory sen/ices within 50 miles of the geographical limits of the Agency. For private contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the permittee. Revised 8/10/10 Bid No. PWS 13-48 PKS Page 70 of 131 4-1.4 Test of Material. Before Incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the Engineer. Unless othenA/ise provided, all initial testing will be performed under the direction of the Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing, it will be stated in the Specifications. For private contracts, the testing expense shall be borne by the permittee. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to notify renotify the Engineer when samples which are representative may be obtained. Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications, Technical Specification, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifications and accept the manufacturer's written certification that the materials to be supplied meet those requirements. Material test data may be required as part of the certification. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or equipment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the Contract documents. .^m^ Revised 8/10/10 Bid No. PWS 13-48 PKS Page 71 of 131 The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer's findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regulations pertaining to weighing devices. A certificate of compliance shall be presented, prior to operation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator's platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be cleariy legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other operating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting or 1.5 percent for any batch. 4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain-measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed 12 months and following repairs, modification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Engineer. 4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Modified Asphalts). In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the Agency and the Contractor will initiate an Revised 8/10/10 Bid No. PWS 13-48 PKS Page 72 of 131 immediate and cooperative investigation. Test values of materials are results of the materials' tests, as defined by these Specifications or by the special provisions, required to accept the Work. Credible evidence is process observations or test values gathered using industry accepted practices. A contradiction exists whenever test values or process observations of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect. The investigation shall allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available information and, when necessary, gather new and additional information in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the cooperative investigation concluded. Whenever the cooperative investigation is unable to reach resolution, the investigation may then either conclude without resolution or continue by written notification of one party to the other requesting the implementation of a resolution process by committee. The continuance of the investigation shall be contingent upon recipient's agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledgement, the investigation shall conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a continuance of the cooperative investigation and will re-consider all available information and if necessary gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using standard engineering principles and practices and to ensure public value, the committee may provide engineering recommendations as necessary. Unless othenA/ise agreed, the committee will have 30 calendar days from its formation to complete their review and submit their findings. The final resolution of the committee shall be by majority opinion, in writing, stamped and signed. Should the final resolution not be unanimous, the dissenter may attach a written, stamped, and signed minority opinion. Once started, the resolution process by committee shall continue to full conclusion unless: 1. Within 7 days of the formation of the committee, the Agency and the Contractor reach an acceptable resolution mechanism; or 2. Within 14 days of the formation of the committee, the initiating party withdraws its written notification and agrees to bear all investigative related costs thus far incurred; or 3. At any point by the mutual agreement of the Agency and the Contractor. Unless OthenA/ise agreed, the Contractor shall bear and maintain a record for all the investiga- tive costs until resolution. Should the investigation discover assignable causes for the contradiction, the assignable party, the Agency or the Contractor, shall bear all costs associated with the investigation. Should assignable causes for the contradiction ex- tended to both parties, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation substantiate a contradiction without assignable cause, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substantiate a contradic- Revised 8/10/10 Bid No. PWS 13-48 PKS Page 73 of 131 tion, the initiator of the investigation shall bear all investigative costs. All claim notifica- tion requirements of the Contract pertaining to the contradiction shall be suspended until the investigation is concluded. 4-2 MATERIALS, TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in Section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which has been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall cleariy state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformances to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. (Remainder of Page Intentionally Left Blank) V Revised 8/10/10 Bid No. PWS 13-48 PKS Page 74 of 131 SECTION 5 - UTILITIES 5-1 LOCATION. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the Contractor shall assume that every property parcel will be sen/ed by a sen/ice connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall contact the regional notification center (Underground Service Alert of Southern California) and obtain an inquiry identification number. The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for location of its subsurface installations. The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-2 PROTECTION. The Contractor shall not interrupt the sen/Ice function or disturb the support of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless othenA/ise provided, furnish and place the necessary protection at its expense. Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in Section 5-1. When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense: 1. Furnish and install a 2 inch cushion of expansion joint material or other similar resilient material; or 2. Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular space between the concrete and the utility; or 3. Provide other acceptable means to prevent embedment in or bonding to the concrete. Revised 8/10/10 Bid No. PWS 13-48 PKS Page 75 of 131 Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic protection system is exposed or damaged by the Contractor's operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system. 5-3 REMOVAL. Unless othenA/ise specified, the Contractor shall remove all interfering portions of utilities shown on the Plans or indicated in the Bid documents as "abandoned" or "to be abandoned in place". Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. 5-4 RELOCATION. When feasible, the owners responsible for utilities within the area affected by the Work will complete their necessary installations, relocations, repairs, or replacements before commencement of work by the Contractor. When the Plans or Specifications indicate that a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except for manhole frame and cover sets to be brought to grade as provided in the Standard Specifications for Public Works Construction, Section 301-1.6, 2006 Edition. Utilities which are relocated in order to avoid interference shall be protected in their position and the cost of such protection shall be included in the Bid for the items of work necessitating such relocation. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-2. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs. The utility owner will relocate sen/ice connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and property line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid for in accordance with provisions of Section 3-3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved in any such agreement In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are othenA/lse shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the Revised 8/10/10 Bid No. PWS 13-48 PKS Page 76 of 131 V utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless othenA/ise directed by the Engineer. 5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notification shall be included as a part of the construction schedule required in Section 6-1. The Contractor shall notify the Engineer in writing of any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with Section 5-1. The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing work correctly shown on the Plans. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. If the Contractor sustains loss due to delays attributable to interferences, relocations, or alterations not covered by Section 5-1, which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor's actual loss as was unavoidable and the Contractor may be granted an extension of time. 5-6 COOPERATION. When necessary, the Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work. (Remainder of Page Intentionally Left Blank) Revised 8/10/10 Bid No. PWS 13-48 PKS Page 77 of 131 SECTION 6 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as OthenA/ise provided herein and unless othenA/ise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within 10 calendar days after receipt of the "Notice to Proceed". 6-1.1 Pre-Construction Meeting. After, or upon, notification of Contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per Section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of Section 2-5.3. The submittal of the Baseline Construction Schedule shall include each item and element of Sections 6-1.2 through 6-1.2.9 and shall be on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media. 6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the w precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependence of all activities required to represent the complete performance of all project work as well as periods where work is precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to proceed and conclude with the date of final completion per the Contract duration. The Baseline Construction Schedule shall include detail of all project phasing, staging, and sequencing, including all milestones necessary to define beginning and ending of each phase or stage. 6-1.2.1 Engineer's Review. The Construction Schedule is subject to the review of the Engineer. The Engineer's determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer's determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions within thirty (30) working days after the date of the preconstruction meeting shall be grounds for termination of the Contract per Section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days. The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per Sections 6-1.2.2 through 6-1.2.4. Revised 8/10/10 Bid No. PWS 13-48 PKS Page 78 of 131 6-1.2.2 "Accepted." The Contractor may proceed with the project work upon issuance of the Notice to Proceed, and will receive payment for the schedule in accordance with Section 6-1.8.1. 6-1.2.3 "Accepted with Comments." The Contractor may proceed with the project work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments prior to receipt of payment per Section 6-1.8.1. 6-1.2.4 "Not Accepted." The Contractor must resubmit the schedule incorporating the corrections and changes of the comments prior to receipt of payment per Section 6-1.8.1. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" or "Accepted with Comments" by the Engineer. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the Contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" by the Engineer. 6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the Engineer during the last week of each month to agree upon each activity's schedule status and shall submit monthly updates of the Baseline Construction Schedule confirming the agreements no later than the fifth working day of the following month. The monthly update will be submitted on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media per the submittal requirements of Section 2-5.3 and will include each item and element of Sections 6-1.2 through 6-1.2.9 and 6-1.3.1 through 6-1.3.7. 6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during the month. After first reporting an actual date, the Contractor shall not change that actual date in later updates without specific notification to the Engineer with the update. 6-1.3.2 Activity Percent Complete. For each activity undenA/ay at the end of the month, the Contractor shall report the percentage determined by the Engineer as complete for the activity. 6-1.3.3 Electronic Media. The schedule data disk shall be a CD-ROM, labeled with the project name and number, the Contractor's name and the date of preparation of the schedule data disk. The schedule data disk shall be readable by the software specified in Section 6-1.2.4 "Schedule Software" and shall be free of file locking, encryption or any other protocol that would impede full access of all data stored on it. 6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic, with an explanation for each change. 6-1.3.5 Change Orders. Each monthly update will include the addition of the network revisions reflecting the change orders approved in the previous month. The network revisions will be as agreed upon during the review and acceptance of the Contractor's change orders. 6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. Revised 8/10/10 Bid No. PWS 13-48 PKS Page 79 of 131 V 6-1.4 Engineer's Review of Updated Construction Schedule. The Engineer will review and return the Updated Construction Schedule to the Contractor, with any comments, within 5 working days of submittal. The Updated Construction Schedule will be returned marked as per Sections 6-1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked "Accepted with Comments" or "Not Accepted" by the Engineer will be returned to the Contractor for correction. Upon resubmittal the Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor, with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated construction schedule will invoke the same consequences as the Engineer returning a monthly updated construction schedule marked "Not Accepted". 6-1.4.1 "Accepted." The Contractor may proceed with the project work, and will receive payment for the schedule in accordance with Section 6-1.8.2. 6-1.4.2 "Accepted with Comments." The Contractor may proceed with the project work. The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.8.2. 6-1.4.3 "Not Accepted." The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the Contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted and marked "Accepted" by the Engineer before the last day of the month in which the Updated Construction ^.^^ Schedule is due. If the Contractor fails to submit the corrected Updated Construction Schedule as required herein the Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to proceed with the project, any resulting delay, impact, or disruption to the project will be the Contractor's responsibility. 6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion or contractually required milestone date later than the properly adjusted Contract or milestone duration, the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent "Accepted" Schedule Update remove all or a portion of the delay, all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the Contractor immediately following the "Accepted" schedule. 6-1.6 Interim Revisions. Should the actual or projected progress of the work become substantially different from that depicted in the Project Schedule, independently of and prior to the next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list and explanation of each change made to the schedule. The Revised Construction Schedule will be submitted per the submittal requirements of Section 2-5.3 and per the schedule review and acceptance requirements of Section 6-1, including but not limited to the acceptance and payment provisions. As used in this section "substantially differenf means a time variance greater than 5 percent of the number of days of duration for the project. 6-1.7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent of the construction work is completed. The Contractor's Final Schedule Update must accurately represent the actual dates for all activities. The final schedule r update shall be prepared and reviewed per Sections 6-1.3 Preparation of Schedule Updates and Revisions and 6-1.4 Engineer's Review of Updated Construction Schedule. Acceptance of Revised 8/10/10 Bid No. PWS 13-48 PKS Page 80 of 131 the final schedule update is required for completion of the project and release of any and all funds retained per Section 9-3.2. 6-1.8 Measurement and Payment of Construction Schedule. The Contractor's preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefore. 6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to restore street and other work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligently prosecute the Work to completion. If the Engineer determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as described herein shall be included in the Contractor's Bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps. As soon as possible under the provisions of the Specifications, the Contractor shall backfill all excavations and restore to usefulness all improvements existing prior to the start of the Work. If Work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability. The Lake Calavera project site shall remain open to the public for hiking, biking, walking and other recreational activities. The contractor is hereby notified that it must use extreme caution while performing work associated with this Contract, including the movement of equipment, tools, and other materials for carrying out the work. Trail segments under construction shall be closed. Contractor shall provide and post trail closure signage for affected trails under construction. Mark-up of the signage shall be provided to the Engineer prior to construction. 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. The work includes the construction of an elevated boardwalk trail and the construction of wetland mitigation through on-site wetland creation, restoration and enhancement of jurisdiction wetland vegetation communities. The contractor shall construct approximately 950 lineal feet of elevated boardwalk and establish southern live oak riparian forest, southern willow scrub, freshwater marsh habitat and upland buffer within the proposed limits of work. Restoration shall occur in the boardwalk temporary impact areas and in degraded habitats as depicted on the plans. Contractor shall complete all work including exotic/weed removal, debris removal, wetland grading, elevated boardwalk construction, planting/seeding and irrigation installation per the plans and specifications. Contractor shall furnish all services, labor, transportation, materials and equipment necessary for the complete installation of all elevated boardwalk and re- vegetation improvements as shown on the plans and as specified herein including all incidental work necessary to complete the defined scope of work. Revised 8/10/10 Bid No. PWS 13-48 PKS Page 81 of 131 6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project Meetings. The Contractor's Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under Section 7-6, 'The Contractor's Representative". No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as othenA/ise specified in Section 6-6.3. 6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of archaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by the Engineer. Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of Section 6-6. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency's interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract The Contract may be canceled by the Agency without liability for damage, when in the Agency's opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Agency's consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, In having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be sen/ed upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that part, and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. Revised 8/10/10 Bid No. PWS 13-48 PKS Page 82 of 131 V If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law. 6-5 TERMINATION OF CONTRACT. The Agency may terminate the Contract at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include: war, government regulations, ^"S labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications. No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof. The proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule. If delays beyond the Contractor's control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. The Contractor will not be entitled to damages or additional payment due to such delays, except as provided in Section 6-6.3. If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for non-controlling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have .OH^. avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. i Revised 8/10/10 Bid No. PWS 13-48 PKS Page 83 of 131 V f^' The determination of what damages the Contractor could have avoided will be made by the Engineer. 6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may othenA/ise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supen/isor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7 TIME OF COMPLETION. The Lake Calavera project site, including trails outside of the Contract areas, shall remain open to the public for hiking, biking, walking and other recreational activities. The contractor is hereby notified that it must use extreme caution while performing work associated with this Contract, including the movement of equipment, tools, and other materials for carrying out the work. 6-7.1 General. The Contractor shall complete the Work within the time set forth in the Contract. The Contractor shall complete each portion of the Work within such time as set forth in the Contract for such portion. The time of completion of the Contract shall be expressed in calendar days. The Contractor shall diligently prosecute the work to completion within 120 calendar davs alter the starting date specified in the Notice to Proceed. 6-7.2 Working Day. A working day is any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1. Saturday, 2. Sunday, 3. any day designated as a holiday by the Agency, 4. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor associa- tion, 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1, 6. any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6.1. Unless OthenA/ise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. %^ The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission Revised 8/10/10 Bid No. PWS 13-48 PKS Page 84 of 131 must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. No work involving installation of the elevated boardwalk within or adjacent to the preserve area shall be performed during the bird breeding season (February 15**^ through August 31^ without first obtaining confirmation from the Preserve manager (Center for Natural Lands Management) that the proposed work will not pose a threat to nesting birds. Furthermore, all construction activities shall comply with the permit monitoring measures as identified in the HMP Permit No. 09-05. The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule required by Section 6.1. No additional payment, adjustment of bid prices or adjustment of Contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section. 6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest OthenA/ise, the statement will be deemed to have been accepted. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engineer for acceptance upon receipt of the Contractor's written assertion that the Work has been completed. The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Agency. Upon such certification by the Engineer the Agency may accept the completed Work. Upon the Agency's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Agency may perform this work and the Contractor's sureties shall be liable for the cost thereof. 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance Revised 8/10/10 Bid No. PWS 13-48 PKS Page 85 of 131 with Section 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of $500.00. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 dollars per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency resen/es the right to take over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified in writing in advance of such action. Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence. The Contractor will not be required to re-clean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. In the event the Agency exercises its right to place into service and utilize all or part of any completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into sen/ice, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. (Remainder of Page Intentionally Left Blank) Revised 8/10/10 Bid No. PWS 13-48 PKS Page 86 of 131 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderiy, or othenA/ise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public Works Contract. The cost of this insurance shall be included in the Contractor's Bid. 7-4 WORKERS' COMPENSATION INSURANCE. Before execution of the Contract by the Agency, the Contractor shall file with the Engineer the following signed certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' com- pensation or to undertake self-insurance in accordance with the provi- sions of that code, and I will comply with such provisions before com- mencing the performance of the work of this Contract." The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the Contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execution of the Contract. The Agency, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph. All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance ^"s Revised 8/10/10 Bid No. PWS 13-48 PKS Page 87 of 131 of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carisbad encroachment, right-of-way, grading and building permits necessary to perform work for this Contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefore. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overioad, blasting, and demolition. For private contracts, the Contractor shall obtain all permits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-5.1 Resource Agency Permits. Resource agency permits for the Work are included in Appendix 'E' of these supplemental provisions and are on file with the City of Carisbad Parks and Recreation Department. Resource agency permits pertaining to this project include: 1) California Department of Fish and Game Streambed Alteration Permit No. 1600- 2011-0362-R5. 2) United States Army Corps of Engineers Permit No. SPL-2011-01069-RJV. 7-6 THE CONTRACTOR'S REPRESENTATIVE. Before starting work, the Contractor shall W' designate in writing a representative who shall have complete authority to act for it. An alternative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. In order to communicate with the Agency, the Contractor's representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work. The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference. The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others. The Contractor will not be entitled to additional compensation from the Agency for damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid w or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Revised 8/10/10 Bid No. PWS 13-48 PKS Page 88 of 131 V Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall furnish and operate a self- loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to presence the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to presen/e the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. Revised 8/10/10 Bid No. PWS 13-48 PKS Page 89 of 131 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this Contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, sen/ice, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit Number CAS000002, Waste Discharge Requirements (WDR's) for Discharges of Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. The Notice of Intent (NOI) shall not be filed for the project. 7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic concrete, or other acceptable material will be permitted when necessary. Such dams shall be removed from the site as soon as their use is no longer necessary. 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carisbad Municipal Code Chapter 8.48. Revised 8/10/10 Bid No. PWS 13-48 PKS Page 90 of 131 V 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall be done in conformance with 307-1.5. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor's operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. 7-10 PUBUC CONVENIENCE AND SAFETY. The Lake Calavera project site, including trails outside of the project area, shall remain open to the public for hiking, biking, walking and other recreational activities and the contractor is hereby notified that it must use extreme caution while performing Work associated with this Contract, including the movement of equipment, tools, and other materials for carrying out the work. Trail segments under construction shall be closed. Contractor shall provide and post trail closure signage for affected trails under construction. Mark-up of the signage shall be provided to the Engineer prior to construction. 7-10.1 Traffic and Access. The Contractor's operations shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all times. Unless OthenA/ise authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided. Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; sen/ice stations and motels; hospitals; police and fire stations; and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless othenA/ise approved by the Engineer. ^^^^^ V Revised 8/10/10 Bid No. PWS 13-48 PKS Page 91 of 131 Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian crossings of the Work at intervals not exceeding 90 m (300 feet), shall be maintained unless OthenA/ise approved by the Engineer. Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. If backfill has been completed to the extent that safe access may be provided, and the street is opened to local traffic, the Contractor shall immediately clear the street and driveways and provide and maintain access. The Contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. Grading operations, roadway excavation and fill construction shall be conducted by the Contractor in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is completed, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic. Unless OthenA/ise authorized, work shall be performed in only one-half the roadway at one time. One half shall be kept open and unobstructed until the opposite side is ready for use. If one-half a street only is being improved, the other half shall be conditioned and maintained as a detour. The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City's contracted waste disposal company, Coast Waste Management at 929-9417. During overiay operations, the Contractors schedule for overiay application shall be designated to provide residents and business owners whose streets are to be overiaid sufficient paved parking within an 800 foot distance from their homes or businesses. Seventy-two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24-hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and Revised 8/10/10 Bid No. PWS 13-48 PKS Page 92 of 131 shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 Ib. card stock. The printing on the notice shall be no smaller than 12 point An example of such notice is provided in Appendix "A". In addition to the notifications, the Contractor shall post no parking signs 72 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the Contractor to meet the posted date requires re-posting the no parking signs 72 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 72 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be included in the Contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. The Contractor shall replace all street markings and striping damaged by construction activities. The Contractor shall include in its Bid all costs for the above requirements. 7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways for more than 5 days after unloading. All materials or equipment not installed or used in construction within 5 days after unloading shall be stored elsewhere by the Contractor at its expense unless authorized additional storage time. Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless othenA/ise permitted. After placing backfill, all excess material shall be removed immediately from the site. 7-10.3 Street Closures, Detours, Barricades. The Contractor shall comply with all applicable State, County, and City requirements for closure of streets. The Contractor shall provide barriers, guards, lights, signs, temporary bridges, flag persons, and watchpersons. The Contractor shall be responsible for compliance with additional public safety requirements which may arise. The Contractor shall furnish and install signs and warning devices and promptly remove them upon completion of the Work. Note: Lake Boulevard, adjacent to the mitigation site, is in the City of Oceanside. Contractor shall comply with City of Oceanside requirements and is responsible for compliance and securing all permits associated with the use and/or lane closures of Lake Boulevard within the City of Oceanside. After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following: 1) The Engineer (760)602-2720 2) Carlsbad Fire Department Dispatch (760) 931 -2197 3) Carlsbad Police Department Dispatch (760) 931-2197 4) Carlsbad Traffic Signals Maintenance (extension 2937) (760) 438-2980 5) Carlsbad Traffic Signals Operations (760) 602-2752 Revised 8/10/10 Bid No. PWS 13-48 PKS Page 93 of 131 3 6) North County Transit District (760) 967-2828 w 7) Waste Management (760)929-9400 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's written approval prior to deviating from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. The Contractor shall secure approval, in advance, from authorities concerned for the use of any bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit, with signs and posting conforming to current requirements covering "signs" as set forth in the Traffic Manual published by the California Department of Transportation. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required. All costs involved shall be included in the Bid. Traffic controls shall be in accordance with the plans. The California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and these provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of Section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of Section 214-5.1.et seq. All temporary reflective channelizers shall conform to the provisions of Section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of Section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to Section 210-1.6 for materials and Section 310-5 et seq. for workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in Section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS "Standard Specifications", except the sleeves shall be 7" long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any Section closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 6' of Revised 8/10/10 Bid No. PWS 13-48 PKS Page 94 of 131 V a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 25' inten/als to a point not less than 25' past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A W20-1 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer. 7-10.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer than (insert minimum acceptable lateral safety buffer distance, eg. 1.8 m (6')), nor operate equipment within 0.6 m (2') from any traffic lane occupied by traffic. For equipment the (insert minimum acceptable shy distance, eg. 0.6 m (2')) shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Engineer has given written authorization to the reduction in clearance that is specific to the time, duration and location of such waiver, when such reduction is shown on the traffic control plans included in these Contract documents, when such reduction is shown on the traffic control plans prepared by the Contractor and approved by the Engineer or for the work of installing, maintaining and removing traffic control devices. As a condition of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers. During the entire construction, a minimum of (insert appropriate number of lanes) paved traffic lanes, not less than (insert appropriate minimum lane widths, e.g. 12') wide, shall be open for use by public traffic in each direction of travel. 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and provisions under "Maintaining Traffic" elsewhere in these Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way shall be removed from the traveled way and shoulder at the end work period. Ifthe Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. Note: Lake Boulevard, adjacent to the mitigation site, is in the City of Oceanside. Contractor shall comply with City of Oceanside requirements and is responsible for compliance and securing all permits associated with the use and/or lane closures of Lake Boulevard within the City of Oceanside. 7-10.3.7 Payment The Contractor shall prepare and implement traffic control plans and shall furnish all labor and materials to perform, install, maintain, replace and remove all traffic control as incidentals to the work with which they are associated and no other compensation will be allowed therefore. Revised 8/10/10 Bid No. PWS 13-48 PKS Page 95 of 131 7-10.4 Safety. 7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts of: Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations. Before excavating any trench 5 feet or more in depth, the Contractor shall submit a detailed plan to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for the workers' protection from the hazard of caving ground during the excavation of such trench. If the plan varies from the shoring system standards, the plan shall be prepared by a registered Civil Engineer. No excavation shall start until the Engineer has accepted the plan and the Contractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer. Payment for performing all Work necessary to provide safety measures shall be Included in the prices bid for other items of Work except where separate bid items for excavation safety are provided, or required by law. 7-10.4.2 Use of Explosives. Explosives may be used only when authorized in writing by the Engineer, or as othenA/ise stated in the Specifications. Explosives shall be handled, used, and stored in accordance with all applicable regulations. The Engineer's approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasting operations. 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions. 7-10.4.4 Confined Spaces. (a) Confined Space Entry Program. The Contractor shall be responsible for implementing, administering and maintaining a confined space entry program (CSEP) in accordance with Title 8, CCR Sections 5156, 5157 and 5158. Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and contain procedures for safe entry into confined spaces, including, but not limited to the following: 1. Training of personnel 2. Purging and cleaning the space of materials and residue 3. Potential isolation and control of energy and material inflow Revised 8/10/10 Bid No. PWS 13-48 PKS Page 96 of 131 4. Controlled access to the space 5. Atmospheric testing of the space 6. Ventilation of the space 7. Special hazards consideration 8. Personal protective equipment 9. Rescue plan provisions The Contractor's submittal shall include the names of its personnel, including subcontractor personnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. (b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Title 8, CCR Section 5157 may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit-required confined spaces until the pre-entry procedures demonstrate othenA/ise. The Contractor shall implement a permit space program prior to performing any work in a permit- required confined space. A copy of the permit shall be available at all times for review by Contractor and Agency personnel at the Work site. (c) Payment Payment for implementing, administering, and providing all equipment and personnel to perform the CSEP shall be included in the bid items for which the CSEP is required. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Local safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the Work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the Work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall indemnify and hold the Agency harmless from any legal action that may be brought for infringement of patents. 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer's approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and National laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times obsen/e and comply with such laws, ordinances, and regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to California Revised 8/10/10 Bid No. PWS 13-48 PKS Page 97 of 131 V Fish and Wildlife section 1601 or section 1603, the conditions established pursuant to California Fish and Wildlife sections 1601 et seq. shall become conditions of the Contract. 7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides: "In entering into a public works contract or a subcontract to supply goods, sen/ices, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the parties." (Remainder of Page Intentionally Left Blank) Revised 8/10/10 Bid No. PWS 13-48 PKS Page 98 of 131 SECTION 8 - FACILITIES FOR AGENCY PERSONNEL 8-1 FIELD OFFICE FACILITIES. A field office is not required witfi this Contract. (Remainder of Page Intentionally Left Blank) Revised 8/10/10 Bid No. PWS 13-48 PKS Page 99 of 131 SECTION 9 - MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9-1.1 General. Unless othenA/ise specified, quantities of Work shall be determined from measurements or dimensions in horizontal planes. However, linear quantities of pipe, piling, boardwalk, fencing and timber shall be considered as being the true length measured along longitudinal axis. Unless othenA/ise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the inten/ening horizontal or vertical dimension. The planimeter shall be considered an instrument of precision adapted to measurement of all areas. 9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sections involved. 9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with duplicate licensed weighmaster's certificates showing actual net weights. The Agency will accept the certificates as evidence of weights delivered. 9-1.4 Units of Measurement. The system of measure for this Contract shall be the U.S. Standard Measures. 9-2 LUMP SUM WORK. Items for which quantities are indicated "Lump Sum", "L.S.", or "Job", shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of work and all work appurtenant thereto. When required by the Specifications or requested by the Engineer, the Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used only as a basis for determining progress payments on a lump sum Contract or designated lump sum bid item. This schedule shall equal the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum. 9-3 PAYMENT 9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accordance with the Plans and Specifications. Upon completion of construction, if the actual quantities show either an increase or decrease from the quantities given In the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. Revised 8/10/10 Bid No. PWS 13-48 PKS Page 100 of 131 Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such Contract was awarded. Whenever any portion of the Work is performed by the Agency at the Contractor's request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or becoming due from the Agency. Whenever immediate action is required to prevent injury, death, or property damage, and precautions which are the Contractor's responsibility have not been taken and are not reasonably expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Payment shall not be construed as the transfer of ownership of any equipment or materials to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or OthenA/ise degraded in any way prior to acceptance of the Work, except as provided in Section 6-10. Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion." If, within the time fixed by law, a properiy executed notice to stop payment is filed with the Agency, due to the Contractor's failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws. At the expiration of 35 days from the date of acceptance of the Work by the Agency, or as prescribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure date for the purpose of making monthly progress payments. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the Agency's payment procedure. Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on Contract unit prices, completed change order work and as provided for in Section 9-2 of these General Provisions. Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental V Revised 8/10/10 Bid No. PWS 13-48 PKS Page 101 of 131 payment request to the Engineer with adequate justification supporting the amount of supplemental payment request Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. From each progress estimate, 10 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from remaining progress estimates and from the final estimate may be limited to $500 or 10 percent of the first half of total Contract amount, whichever is greater. I No progress payment made to the Contractor or its sureties will constitute a waiver of the liquidated damages under 6-9. As provided in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract. After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the Contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the Contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity ol* payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified the Contractor acknowledges that full and final payment has been made for all Contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amourlts not approved by the Engineer will be subject to resolution as specified In Section 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will 'consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to Revised 8/10/10 Bid No. PWS 13-48 PKS ' Page 102 of 131 determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written statement required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in Section 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this Contract including Sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Section 3-5, Disputed Work, for those claims remaining in dispute. 9-3.3 Delivered Materials. When provided for in the Specifications and subject to the limitation and conditions therein, the cost of materials and equipment delivered but not incorporated into the Work will be included in the progress estimate. 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the Work will not be included in the progress estimate. 9-3.4 Mobilization. When a bid item is included in the Proposal form for mobilization and subject to the conditions and limitations in the Specifications, the costs of Work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no such bid item is provided, payment for such costs will be considered to be included in the other items of Work. 9-3.4.1 Mobilization and Preparatory Work. 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be included in the various items of Work and no other payment will be made. 9-4 BID ITEMS. Payment for each Bid Item shall be made at the quantity and type as listed in the Contractor's Proposal. All work shown or mentioned on the plans, in the Contract Documents, General Provisions, or Technical Provisions/Specifications shall be considered as included in the Bid Items. Contractor must protect existing utilities, improvements, landscaping, irrigation systems, and vegetation in place. If damaged during the Work, Contractor is responsible to repair or replace any utilities, improvements, landscaping, irrigation systems, and vegetation at his expense. Revised 8/10/10 Bid No. PWS 13-48 PKS Page 103 of 131 V SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 212 - LANDSCAPE AND IRRIGATION MATERIALS NOTE: SOIL AMENDMENTS, PLANTING AND IRRIGATION MATERIALS SPECIFICATION ON CONTRACT PLANS AND INCORPORATED HEREIN IN APPENDICES A AND B SHALL TAKE PRECEDENCE OVER THESE SUPPLEMENTAL PROVISIONS. 212-1 LANDSCAPE MATERIALS. 212-1.2.3 Commercial Fertilizer. Add the following: Pre-plant fertilizer shall be granular commercial fertilizer 7-7-7 or approved equal. Post plant fertilizer shall be 12-4-6 or approved equal with Ca, Fe, Zn, and Mn and with the majority of nitrogen in non-ammoniac form to prevent acidification of soil. Planting tablets shall be compressed fertilizer tablets with a 20-10-5 analysis. Hydroseed fertilizer shall be long-lasting, controlled-release, plastic-coated, uniform in composition, free-flowing, suitable for application with approved equipment, and shall contain the minimum available percentages of nitrogen, phosphoric acid, potash and sulfur required by tables 212- 1.2.5.1(A) through 212-1-2-5-3(A). 212-1.2.4 Organic Soil Amendment. Add the following: For all types of Organic Soil Amendment mulch materials produced from pine trees grown in Alameda, Monterey, Santa Clara, Santa Cruz or San Mateo Counties shall not be used in the Work. Type 1A Organic Soil Amendment shall conform to the requirements for type 1 Organic Soil Amendment except as modified hereinafter. Type IA Organic Soil Amendment shall be a wood or rice residual product derived from the bark of pine, white fir, or red fir or cedar or redwood shavings or rice hulls. Type IA Organic Soil Amendment shall be manufactured from clean wood, free from clods coarse objects and rocks and shall conform to the properties shown in Table 212-1.2.4(B): Table 212-1.2.4(8) SOIL AMENDMENT PROPERTIES Property Minimum Maximum Dry Weight Nitrogen (1) (1) Dry Weight Passing 25 mm (1") Sieve 100% 100% Dry Weight Passing #4 Sieve 95% 100% Dry Weight Passing #16 Sieve 45% 65% Dry Weight Passing #30 Sieve 30% 40% Dry Weight Passing #50 Sieve 0% 10% Dry Weight Passing #100 Sieve 0% 2% Salinity (1) (1) Iron (Dilute acid soluble on dry weight basis) 0.08% Ash (dry weight basis) 0% 6.0% pH 6.0 7.0 Wettability (1) (1) (1) (As Required by Table 212-1.2.4(A) SSPWC) Revised 8/10/10 Bid No. PWS 13-48 PKS Page 104 of 131 For all types of Organic Soil Amendment the Contractor shall supply the Engineer a sample of the proposed amendment accompanied by an analytical analysis from a qualified agricultural laboratory certifying compliance to the requirements herein. Qualified agricultural laboratories shall have an on-going quality assurance program that fulfills the requirements of the most recent version of the 'Western States Laboratory Proficiency Testing Program Soil and Plant Analytical Methods". Certificates of compliance shall contain a statement attesting that the organic soil amendment meets the requirements of these specifications and that the testing agricultural laboratory does fulfill the requirements of 'Western States Laboratory Proficiency Testing Program Soil and Plant Analytical Methods". Said submittal shall be in accordance with Section 2-5.3.3. 212-1.2.5 Mulch for Hydraulic Method Seed Lawn Planting. Add the following: The terms Hydroseeding and Hydroseed shall be synonymous with Hydraulic for the purposes of Section 212. Disturbed Areas, Southern Willow Scrub and Riparian Scrub and Upland Transition Zone planting areas shall be mulched, fertilized and seeded using method B. Mulch shall be manufactured from virgin wood cellulose fiber mulch and shall not contain growth or germination inhibitors. When mixed with water, the mulch shall remain in uniform suspension and when blended with the seed, fertilizer, and other approved additives, shall form a homogeneous slurry. When applied, the fibers shall form a moisture absorbing membrane with adequate percolation properties sufficient to allow one hundred percent of water applied at the rate of 3.1 liters per minute per square meter (0.075 gallons per minute per square foot) onto a surface inclined at a 2:1 (horizontal: vertical) slope to pass through the membrane. A non-phyto-toxic wetting agent shall be added to the slurry mixture. A water soluble, non-toxic green dye shall be added in sufficient quantity to clearty delineate the planted areas. When required, binder shall be added to the slurry mixture and shall be "CPA 4000", "AZTAC", "Ecology Control", "M-Blnder", or approved equal. Add the following section: 212-1.2.5.1 Disturbed Area Mulch Fertilizer and Additives. In addition to the seed mix shown in the table for Disturbed Areas the slurry mixture shall be applied at the rates shown in Table 212 1.2.5.1(A) Table 212-1.2.5.1(A) DISTURBED AREA MULCH FERTILIZER AND ADDITIVES Component ApplicatI grams per sq. meter on Rate (pounds per acre) Virgin Wood Cellulose Fiber Mulch 225 (2000) Binder (1) 7 (60) Fertilizer (16-20-0) Ammonium Phosphate Sulfate, Plus 15% Soil Sulfur 35 (300) Wetting Agent Per Mfg. Recommendation Green Colorant Per Mfg. Recommendation (1) Required to be incorporated only when applied between the months of Nov. through Feb. 212-1.2.5.2 Southern Willow Scrub and Riparian Scrub Area Mulch Fertilizer and Additives. In addition to the seed mix shown in the table for Southern Willow Scrub and Riparian Scrub Areas the slurry mixture shall be applied at the rates shown in Table 212-1.2.5.2(A) V Revised 8/10/10 Bid No. PWS 13-48 PKS Page 105 of 131 Table 212-1.2.5.2(A) SOUTHERN WILLOW SCRUB AND RIPARIAN SCRUB AREA MULCH FERTILIZER AND ADDITIVES Component Application grams per sq. meter Rate (pounds per acre) Virgin Wood Cellulose Fiber Mulch 225 (2000) Binder (1) 7 (60) Fertilizer (38-0-0) Urea Formaldehyde 6 (50) Fertilizer (0-45-0) Triple Super Phosphate, Plus 15% Soil Sulfur 30 (250) Wetting Agent Per Mfg. Recommendation Green Colorant Per Mfg. Recommendation (Required to be incorporated only when applied between the months of Nov. through Feb.) Add the following section: 212-1.2.5.3 Riparian Scrub and Upland Transition Zone Area Mulch Fertilizer and Additives. In addition to the seed mix shown in the table for Riparian Scrub and Upland Transition Zone Areas the slurry mixture shall be applied at the rates shown in Table 212-1.2.5.3(A). Table 212-1.2.5.3(A) RIPARIAN SCRUB AND UPLAND TRANSITION ZONE AREA MULCH FERTILIZER AND ADDITIVES Component ApplicatI grams per sq. meter on Rate (pounds per acre) Virgin Wood Cellulose Fiber Mulch 225 (2000) Stabilizing Emulsion (1) 7 (60) Fertilizer (38-0-0) Urea Formaldehyde 6 (50) Fertilizer (0-45-0) Triple Super Phosphate, Plus 15% Soil Sulfur 11 (100) Wetting Agent Per Mfg. Recommendation Green Colorant Per Mfg. Recommendation (Required to be incorporated only when applied between the months of Nov. through Feb.) Add the following section: 212-1.2.6 Herbicides and Pesticides. Shall be used in their appropriate applications with strict adherence to manufacturer's specifications and instructions. Post-emergent herbicide for all areas shall be Glyphosate, N-(phosphonomethyl) glycine, in the form of its isopropylamine salt such as Roundup Pro, Diquat, Montar, or approved equal. Preemergent herbicide for shrubs and groundcover areas planted from flats shall be Treflan, Surflan, Eptan, or approved equal. Add the following section: 212-1.2.7 General Soil Conditioners. Agricultural-grade gypsum shall be a calcium sulfate (CaS04 H2O) product - 94.3 percent 90 percent shall pass a 50-mesh screen. Control of dust during application is mandatory. Iron Sulfate shall be ferrous sulfate in palletized or granular form containing not less than 20.0 percent iron expressed as metallic iron. Iron Sulfate pellets shall be of size and gradation such that 98 percent is retained on a 10-mesh screen. Revised 8/10/10 Bid No. PWS 13-48 PKS Page 106 of 131 Add the following section: 212-1.2.8 Stabilizing Emulsion. Stabilizing emulsion shall be a concentrated liquid chemical tha forms a plastic film upon drying and allows water and air to penetrate. The film shall be nonflammable and shall have an effective life of at least one year. Stabilizing emulsion shall be nontoxic to plant and animal life and non-thinking to concrete or painted surfaces. In the cured state the stabilizing emulsion shall not be re-emulsifiable. The material shall be registered with, and licensed by the California, Department of Food and Agriculture, as an "auxiliary soil chemical". Stabilizing emulsion shall be miscible with water at time of mixing and application. 212-1.3 Seed. Add following: The quantity of pure live seed supplied shall meet or exceed the quantity shown in the specified mixes. Seed shall not contain more than 0.5 percent weed seed by volume Seed types shall be as specified on the plans and planting legends, and shall be applied at the rates indicated. All brand-name, patented seed must be received by Contractor in original manufacturer's bag. Seed shall be received by Contractor in separate containers specifying kind, quantity, purity, and germination. Contractor shall provide the Engineer with each seed bag label used in the Work. Add the following section: 212-1.3.1 Seed for Disturbed Areas. Hydroseeding mix for Disturbed Areas (all areas excepting Southern Willow Scrub and Riparian Scrub and Upland Transition Zone seeded areas) shall consist of no less than the seed varieties shown in Table 212-1.3.1 (A). Table 212-1.3.1(A) SEED FOR DISTURBED AREAS Seed Variety Application Rate ^ grams per sq. meter (pounds per acre) Rose Clover 2.5 20 i^^ Festuca Megalura, Zorro Fescue 2.5 20 Eschscholzia Californica 0.35 3 Achillea Millefolia 0.45 4 Alyssum (Carpet Of Snow) 0.35 3 Dimorpholeca 0.25 2 ^^^^^ (1) Rose Clover shall be inoculated with a nitrogen fixing bacteria and be applied dry either by drilling or broadcasting immediately before hydraulic application of the remaining seed mix and mulch. Add the following section: 212-1.3.2 Seed for Southern Willow Scrub and Riparian Scrub Areas. Hydroseeding mix for the Southern Willow Scrub and Riparian Scrub area shall consist of no less than the seed varieties shown in Table 212-1.3.2(A). Revised 8/10/10 Bid No. PWS 13-48 PKS Page 107 of 131 Table 212-1.3.2(A) SEED FOR SOUTHERN WILLOW SCRUB AND RIPARIAN SCRUB AREAS Seed Variety ApplicatI grams per sq. meter on Rate (pounds per acre) Ambrosia Psilostachya 0.35 3 Artemesia Douglasiana 0.35 3 Artemesia Dracunculus 0.25 2 Atriplex Patula SSP, Hastata Halberd Leaf Saltbrush 0.25 2 Encelia Californica, California Sunflower 0.25 2 Festuca Megalura, Zorro Fescue 0.25 2 Isocoma Venetus, Coastal Goldenbrush 0.45 4 Leymus Condensatus, Giant Wild Rye 0.45 4 Oenothera Hookerii, Hooker's Primrose 0.10 1 Add the following section: 212-1.3.3 Seed for Riparian Scrub and Upland Transition Zone Areas. Hydroseeding mix for the Riparian Scrub and Upland Transition Zone area shall consist of not less than the seed varieties shown in Table 212-1.3.2(A). Table 212-1.3.3(A) SEED FOR RIPARIAN SCRUB AND UPLAND TRANSITION ZONE AREAS Seed Variety ApplicatI grams per sq. meter on Rate (pounds per acre) Encelia Californica 0.45 4 Eschscholzia Californica, California Poppy 0.25 2 Festuca Megalura, Zorro Fescue 0.25 2 Isocoma Venetus, Coastal Goldenbrush 0.45 4 Leymus Condensatus, Giant Wild Rye 0.45 4 Lotus Scoparius, DeenA/eed 0.45 4 Lupinus Succulentus, Arroyo Lupine 0.35 3 Phacelia Tanacetifolia 0.25 2 212-1.4.1 General. Add the following: Plants shall be the variety and size shown on the plans or in the special provisions and shall conform to the requirements of these specifications. Contractor shall notify the Engineer 48 hours before each plant delivery so that the Engineer can inspect the plants. The scientific and common names of plants herein specified shall conform to the approved names given in "A Checklist of Woody Ornamental Plants in California, Oregon and Washington" published by the University of California, Division of Agriculture Sciences, Publication 4091 (1979). Each group of plant materials delivered on site shall be labeled cleariy as to species and variety. All patented plants (cultivars) required by the plant list shall be delivered with a proper plant patent attached. The Contractor shall obtain clearance from the County Agricultural Commissioner, as required by law, before planting plants delivered from outside the County in which they are to be planted. Evidence that clearance has been obtained shall be filed with the Engineer. All plants furnished by the Contractor shall be true to type or name as shown on the plans and shall be tagged identifying the plants by species or variety; however, determination of plant species or variety will be made by the Engineer and the Engineer's decision shall be final. Plants shall be individually tagged or tagged in groups by species or variety. Carpobrotus cuttings need not be tagged. All plants shall comply with Federal and State laws requiring inspection for plant diseases and infestations. Inspection certificates required by law shall accompany each shipment of plants, and certificates shall be delivered to the Engineer. Plants furnished by the Contractor shall be healthy, shapely, and well-rooted, and roots shall show no evidence of having been restricted or deformed at any time. Plants shall be well-grown, free from Revised 8/10/10 Bid No. PWS 13-48 PKS Page 108 of 131 insect pests and disease, and shall be grown in nurseries which have been inspected by the State Department of Food and Agriculture and have complied with the regulations thereof. The Engineer is the sole judge as to acceptability of each plant. Vigorous, healthy, well-proportioned plants are the intent of this specification. Plants which are even moderately "overgrown", or are showing signs of decline or lack of vigor, are subject to rejection. The size of the plants will be as shown on the plans. Plants larger in size than specified may be used with the approval of the Engineer, but the use of larger plants will make no change in Contract price. If the use of larger plants is approved, soil amendments shall be increased proportionately. All plants not conforming to the requirements herein specified shall be considered defective and such plants, whether in place or not, shall be marked as rejected, and immediately removed from the site and replaced with new plants by the Contractor at the Contractor's expense. The Engineer resen/es the right to change the species, variety, and/or sizes of plant material to be furnished, provided that the cost of such plant changes do not exceed the cost of plants in the original bid, and with the provision that the Contractor shall be notified in writing, at least 60 days before the planting operation has commenced. No plant shall be transported to the planting area that is not thoroughly wet throughout the ball of earth surrounding the roots. Any plant that, in the opinion of the Engineer, has a damaged root ball or is dry or in a wilted condition when delivered to the planting area will not be accepted, and shall be replaced by the Contractor at the Contractor's expense. Each plant shall be handled and packed in the approved manner for that species or variety, and all necessary precautions shall be taken to ensure that the plants will arrive at the site of the work in proper condition for successful growth. Trucks used for transporting plants shall be equipped with covers to protect plants from windburn. Root condition of plants furnished by the Contractor in containers will be determined by removal O'^^ earth from the roots of not less than 2 plants nor more than 2 percent of the total number of plants each species or variety, except when container-grown plants are from several sources, the roots of not less than 2 plants of each species or variety from each source will be inspected by the Engineer. In case the sample plants inspected are found to be defective, the Agency reserves the right to reject the entire lot or lots of plants represented by the defective samples. Any plants rendered unsuitable for planting because of this inspection will be considered as samples and will not be paid for. The Contractor shall notify the Engineer when plants are to be shipped to the project site. The notification shall be given not less than 10 days prior to the actual shipment date. Carpobrotus cuttings shall be 250 mm (10") or more in length and shall not be rooted. Delosperma cuttings shall be 150 mm (6") or more in length and shall not be rooted. Cuttings shall be tip cuttings from healthy, vigorous and strong-growing plants and shall be insect and disease free. Mature or brown-colored stem growths or cuttings which have been trimmed will not be accepted. Cuttings shall be planted not more than 2 days after cutting and shall not be allowed to dry or wither. Carpobrotus cuttings shall not be taken from any plants that indicate the presence of ice plant scale (Pulvinaria species). The Contractor shall notify the Engineer of the location where cuttings are to be taken at least 10 days prior to taking the cuttings and shall be responsible for all permit and inspection fees involved in obtaining cuttings. 212-1.5.3 Tree Stakes. Modify as follows: Tree stakes shall be 50mm (2") diameter turneG^../ lodgepole pine, pointed on their driven end. Revised 8/10/10 Bid No. PWS 13-48 PKS Page 109 of 131 0' Add the following section: 212-1.6 Erosion Control Matting. Erosion control matting shall be made of 100-percent- biodegradable, weed-free wheat straw of thickness and density yielding 270 grams per square meter (0.50 lb./sy) with photodegradable polypropylene netting with a density of 0.89 grams per square meter (1.64 lb/1000 sy) having an approximate mesh inten/al of 50 mm x 50 mm (2" x 2") on each face of the straw mat. The straw mat shall be sewn together with unidirectional lines of cotton or polypropylene thread spaced approximately 50 mm (2") apart. Erosion control matting shall be "North American Green, DSI 50", "BonTerra S2", or approved equal. Add the following section: 212-1.7 Erosion Control Mat Staples. Erosion control mat staples shall be 25 mm x 150 mm (1" x 6"), U-shaped 11-gauge mild steel staples. Add the following section: 212-1.8 Root Barriers. Root barriers shall be no less than Im (39") in width. Root barriers shall be "Biobarrier", as manufactured by Reemay, Inc., 70 Old Hickory Boulevard, Old Hickory, TN 97138, Phone 615-847-7000, no substitutes will be accepted. 212-2 IRRIGATION SYSTEM MATERIALS. 212-2.2.7 Valve Boxes. Add the following: All valve boxes shall be marked "RCV", "BV" or "QC", "PB" respectively. Remote control valves shall be marked with station numbers embossed on the valve cover with a brass tag. (RCV boxes shall have locking covers.) Other boxes such as pull boxes, etc., shall be marked with appropriate identification. Add the following section: 212-2.2.8 Ball Valves. Ball valves shall have bottom-loaded pressure-retaining stems, glass- reinforced seats, and reinforced TFE stem packing seals. Valves sizes 13 mm (^2") to 50 mm (2") shall be pressure rated at 4140 kPa (600 PSI) WOG and 1030 kPa (150-PSI) saturated steam. Each valve shall be tested, air under water, in the opened and closed position by the manufacturer. Ball valve must conform to Federal Specification WW-V-35B, Type II, Class A, Style 3, End Connection A or C. Add the following section: 212-2.2.9 Pressure Regulator Valve. Pressure regulator valve shall be bronze body with screw fitting. Add the following section: 212-2.2.9 Wye Strainers. Wye strainers shall have a cast iron or all-bronze body with a removable stainless steel or monel strainer. Wye strainers shall be capable of withstanding a cold water working pressure of 1034 kPa (150 psi). Wye strainers at backflow preventer assemblies shall be equipped with a gate valve at the outlet. All other wye strainers shall be equipped with a garden valve at the outlet. The strainer screen for the wye strainer in a backflow preventer assembly shall have an open area equal to at least 3 times the cross-sectional area of the pipe based on an iron pipe size and shall be woven wire fabric with 850-Mm mesh or perforated sheet with 1.14 mm (0.045") diameter holes. All other wye strainers shall be equipped with 425-pm strainer screens. 212-2.4 Sprinkler Equipment. Add the following: All sprinkler heads are to have factory built-in check valves or a check valve under each head. Drip assemblies shall meet the following Revised 8/10/10 Bid No. PWS 13-48 PKS Page 110 of 131 V requirements: The drip emitter shall be Pepco Quadra or Rainbird XERI-Bird-8 or approved equal as called on drawings, with four ports. Drip tubing for emitter outlets shall be Rainbird (RBT-1 OOV), Saico, or approved equal. Drip tubing stakes shall be Rainbird No. RS-13, Saico, or approved equal. Bug cap for drip tubing shall be manufactured by Rainbird, Pepco, or approved equal. The drip pressure regulator shall be Rainbird, Netafim PVR, or approved equal. Drip emitter filter shall be Amiad, Rainbird, or approved equal. Drip emitter access boxes shall be Rainbird No. SEB-6X, Saico Subterranean Emitter Box, or approved equal. Check valves shall be of heavy-duty virgin PVC construction with FIP thread inlet and outlet. Internal parts shall be stainless steel and neoprene. Antidrain valves shall be field adjustable against drain out from 1.5 m to 12 m (5' to 40') of head. All sprinkler heads that are without valves in the heads are to have an antidrain valve feature and shall have an excess flow feature, which will automatically stop the flow of water when it exceeds the GPM preset by the manufacturer. Check valves shall be King Bros., Rainbird, or approved equal. 212-2.3 Backflow Preventer Assembly. Add the following: Backflow preventers shall be one of the approved reduced pressure principle devices listed by the California Department of Health Services, Division of Drinking Water and Environmental Management, 601 North 7th Street, Mailing Station (MS) 92, P.O. Box 942732, Sacramento, CA 94234-7320. Backflow preventers shall be factory assembled and shall include 2 check valves, one pressure differential relief valve, 2 shut-off valves and 4 test cocks. Backflow preventer and valves shall be the same size as the pipeline in which they are installed, unless othenA/ise shown on the plans. Backflow preventer shut-off valves shall be manufactured from Iron or bronze and shall be either resilient wedged gate valves, resilient seated and fully ported ball valves, or resilient seated butterfly valves. Threaded type shut-off valves shall be provided with a union on one side of each valve. Unions shall be brass or malleable iron. _ (Remainder of Page Intentionally Left Blank) V Revised 8/10/10 Bid No. PWS 13-48 PKS Page 111 of 131 SUPPLEMENTAL PROVISIONS TC5 STANDARD SPECiFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING. 300-1.1 General. Add the following to the third paragraph: During surface clearing operations, the Contractor shall not cover or bury any plant growth or other objectionable materials. If the Contractor cannot successfully separate the plant growth from the surface soil and advertently or inadvertently mixes organic or other objectionable materials with the soil, the soil so contaminated shall be removed from the site by the Contractor. All costs, if any, associated with removing the soil mixed with organic or other objectionable materials and importing soil to replace said contaminated soil shall be borne by the Contractor and no additional payment therefore shall be made to the Contractor. 300-1.3 Removal and Disposal of Materials. Add the following: Also included in clearing and grubbing shall be removal and disposal of existing street poles and lights, metal guard rail, fences, asphalt concrete and aggregate base, concrete curb and gutter, concrete sidewalk, existing gate, existing headwalls, rip-rap, traffic signs, and other existing features which interfere with the work. Whether or not such items are shown on the plans they shall be removed as a part of clearing and grubbing. Existing underground pipes and conduits that are shown on the plans and designated to be removed shall be removed by the Contractor as a part of clearing and grubbing. 300-1.4 Payment. Modify as follows: Payment for clearing and grubbing shall be made at the Contract lump sum price for clearing and grubbing within the project limits and at stockpile locations and no other payments will be made. Unless othenA/ise noted on plans, the Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, and pipelines and conduits of any type, or use, that are abandoned during the course of the work and shall replace said pipelines and conduits with properiy compacted soils. Payment for removal and disposal of abandoned utilities shall be included in the lump-sum bid for Clearing and Grubbing, and no additional payment will be made. 300-2 UNCLASSIFIED EXCAVATION. 300-2.1 General. Add the following: Unclassified excavation shall include removal and stockpile of suitable material, re-compaction, mixing, grading for mitigation work, trenching and backfilling of storm drains, sewers, other utilities, disposal of unsuitable materials not included in the bid item for clearing and grubbing, all cut and fill including removal and re-compaction of unsuitable soil, salvaging clean excavated material and filling areas to the required grades and cross section. Unclassified excavation shall be utilized onsite to make all fills shown on the plans. Unclassified excavation shall also include scarification and moisture adjustment and compaction of the top 300 mm (1') of the subgrade in the roadway prism in cut areas to 95 percent relative compaction, ^0mK, wetland mitigation grading and attendant work, export of remaining excess material to a disposal site L . or spoil area acquired by the Contractor and pumping and disposal of storm and ground water. V Revised 8/10/10 Bid No. PWS 13-48 PKS Page 112 of 131 300-2.2.1 General. Add the following: Alluvial and colluvial removal and re-compaction shall consist ^ of excavating, blending and re-compacting loose soils in areas that are designated to receive fills. The existing loose soils shall be removed by the Contractor until a firm unyielding surface is exposed or to a depth determined by the Engineer. If the excavated material contains 4%, or more, water than the optimum moisture content the Contractor shall blend the wet soil with soils having a lower moisture content and/or spread the excavated material in a manner that enables the material to dry to optimum moisture content. The cost of spreading and/or drying shall be included in the Contract unit price for removal and re-compaction. The excavated material shall be placed and compacted in accordance with section 300-4 of the specifications except that section 300-4.9, Measurement and Payment, shall not apply. 300-2.2.1 General. Add the following to the first paragraph: Such direction may include, but is not limited to, directing the Contractor to blend, adjust moisture content of, rework, and place unsuitable soils at specific locations or elevations on the site. Add the following section: 300-2.2.3 Compressible Soil. Compressible soils such as existing uncontrolled or unacceptable fill, alluvium, and colluvium may exist within portions of the Project site. Where required by the Engineer, the Contractor shall remove such compressible soils from areas to receive fill or from areas upon which surface improvements are to be placed. The removal and disposal of such compressible soils shall be paid for at the Contract Unit Price for unclassified excavation unless it is considered othenA/ise unsuitable by the Engineer in which case it may be paid for in accordance with section 300-2.2.1. 300-2.2.4 Instability of Cuts. Add the following: The Contractor shall remove additional material as^-^ directed by the Engineer to improve the stability of excavated cuts. The removal of such excavatec^j material shall be paid for at the Contract Unit Price for unclassified excavation unless it is considerecT"^ OthenA/ise unsuitable by the Engineer, in which case it will be paid for in accordance with Subsection 300-2.2.1. 300-2.5 Slopes. Add the following: The hinge points (the top and bottom) of slopes shall be located within 75 mm (0.25') of the locations shown on the plans. 300-2.5 Slopes. Add the following: after the first sentence of the first paragraph: A slope shall be defined as any area steeper than three horizontal to one vertical. 300-2.6 Surplus Material. Add the following: The Contractor shall haul and dispose of all surplus material from the project. The Contractor shall utilize highway legal haul trucks for this export of material from the project site and to a site secured by the Contractor. No earth moving equipment or special construction equipment, as defined in section 565 of the California Vehicle Code, will be allowed for hauling material on public streets. 300-2.8 Measurement. Delete the second paragraph relating to materials removed from stockpiles and add the following: Unclassified Excavation shall be measured based on the volume it occupies in its original position before excavating. The measurement shall be from the original ground contours after clearing and grubbing and the bottom of areas of excavation to the design elevations shown on the plans or actual ground contours existing in borrow sites after excavation or those for removal and re-compaction of alluvial and colluvial materials or those for materials excavated to improve the stability of cuts, whichever is lower in elevation. No excavated material which is re- excavated will be measured for payment No allowance for shrinkage or swell will be considered Materials excavated or othenA/ise removed as all or part of any other bid item shall not be measureo „ as Unclassified Excavation. Revised 8/10/10 Bid No. PWS 13-48 PKS Page 113 of 131 300-2.9 Payment. Substitute the following: Payment for all unclassified excavation will be made at the Contract Lump Sum price bid for unclassified excavation and shall include compensation for excavation, sloping, rounding tops and ends of excavation, matching existing graded slopes, loading, exporting and disposing of surplus material and unsuitable material shown on the plans or specified herein to be removed, stockpiling, hauling to designated sites, placing and compacting, mixing, grading of mitigation site, salvaging clean and suitable material and filling areas to the required grades and cross sections. Unclassified fill, slope rounding, ali work incidental to Section 300-4.8 and construction of transitions will be paid for as a part of unclassified excavation, and no additional payment will be made therefore. When required by the plans or specifications or where directed by the Engineer, the excavation and stockpiling of selected material will be paid for at the Contract Lump Sum price for unclassified excavation. Removing such selected material from the stockpile and placing it in its final position will also be paid for at the Contract Lump Sum Price for unclassified excavation and no additional compensation will be allowed therefore. Add the following section: 300-2.10 Grading Tolerance. The Contractor shall finish excavated areas other than slopes and subgrade below structures, within the roadway and sidewalk areas within 30 mm (0.1') of the grades shown on the plans. Subgrade tolerances shall conform to the requirements of section 301-1.4 SSPWC. 300-3 STRUCTURE EXCAVATION AND BACKFILL 300-3.1 General. Add the following: The Contractor shall excavate to the lines and levels required and/or shown on the Drawings. The Contractor shall provide all shoring, bracing, cribbing, pumping, and planking required. The Contractor shall excavate and maintain the bottom of all trenches in a condition that is level, firm, clean and free from all debris or foreign matter. Excavations shall be kept free from water at all times. The Contractor shall remove any unsuitable material encountered below grade as directed by the Engineer 300-3.6 Payment. Add the following: Dewatering shall be paid for as an incidental to and no additional compensation will be made therefore. Except for unsuitable materials removed as part of the clearing and grubbing item unsuitable material encountered below grade will be paid for at the (unit) (lump sum). 300-9 GEOTEXTILES FOR EROSION CONTROL AND WATER POLLUTION CONTROL. Add the following section: 300-9.2 General. The Contractor shall provide erosion control and water pollution control conforming to the requirements shown on the plans, as specified herein, and as elsewhere required by the Contract Documents. Erosion control and water pollution control shall include the work specified herein, and such additional measures, as may be directed by the Engineer, to meet Best Management Practices, as defined herein, and to properiy control erosion and storm water damage of the limits of work and construction impacts upon areas receiving drainage flows from within the limits of work. Add the following section: 300-9.2.1 Grading Controls. The Contractor shall protect all areas that have been graded and/or cleared and grubbed as well as areas that have not been graded and/or cleared and grubbed within the limits of work from erosion. The Contractor shall provide temporary earth berms, gravel bags, silt fences, stabilized construction entrances and similar measures, coordinated with its construction Revised 8/10/10 Bid No. PWS 13-48 PKS Page 114 of 131 procedures, as necessary and as shown on the plans to control on site and off site erosion during the construction period. The Contractor will be required to protect areas which have been cleared and grubbed prior to excavation or embankment operations, and which are subject to runoff during the duration of the Contract. The criteria used to determine the appropriate erosion control measures shall be the "Best Management Practices", hereinafter BMP, defined and described in the, "Stormwater Best Management Practices Handbook, Construction", January 2003 edition as published by the California Stormwater Quality Association. The Contractor shall maintain a copy of the "Stormwater Best Management Practices Handbook, Construction", January 2003 edition on the project site and shall conduct its operations in conformity to said Handbook. Temporary erosion control measures provided by the Contractor shall include, but not be limited to, the following: a) Embankment areas, while being brought up to grade and during periods of completion prior to final roadbed construction, shall be graded so as to direct runoff into impoundment areas within the limits of work where such runoff shall have pollutants removed by BMP methods . b) The Contractor shall provide protection by BMP measures to eliminate erosion and the siltation of downstream facilities and adjacent areas. These measures shall Include, but shall not be limited to: temporary down drains, either in the form of pipes or paved ditches with protected outfall berms; graded berms around areas to eliminate erosion of embankment slopes by surface runoff; confined ponding areas to desilt runoff; and to desilt runoff. c) Excavation areas, while being brought to grade, shall be protected from erosion and the resulting siltation of downstream facilities and adjacent areas by the use of BMP measures. These measures shall include, but shall not be limited to, methods shown on the plans and described herein. Add the following section: 300-9.2.2 Payment. Full compensation for performing erosion control and water pollution control, conforming to the operational requirements herein, of the BMP and conforming to the requirements of the Federal Water Pollution Control Act, including the latest amendments thereto, which is not a part of the planned permanent work or included as a separate bid item shall be considered as included in the Contract price bid for unclassified excavation, and no additional compensation will be allowed therefore. Add the following section: 300-9.3 Temporary Marsh Protection. The Contractor shall protect all marshlands where shown on the plans, within the limits of work and/or in all construction easements by laying geotextile and adding a layer of soil over the cloth. The soil shall come from the adjacent areas to be disturbed. The willow scrub in the construction easement shall be cut down to just above soil height. The cut materials shall be mulched placed according to the re-vegetation plan. Geotextile shall then be placed over the wetland. The Contractor shall flag, prior to construction and placement of geotextile, the outer limits of the construction easement with fluorescent tape to avoid additional wetland impacts. The Contractor shall take care to keep the soil within the construction easement and shall remediate all damages caused by soil that is deposited outside said limits or easement, remove all soil so deposited and clean all facilities or vegetation that has such soil deposited on or in them. Add the following section: 300-9.3.1 Payment. Temporary marsh protection will be paid for at the Contract price bid per lump sum and shall include full compensation for furnishing and installing planting, irrigation, and erosion control measures. ^""S Revised 8/10/10 Bid No. PWS 13-48 PKS Page 115 of 131 300-13 STORM WATER POLLUTION PREVENTION PLAN Add the following section: 300-13.1 Storm Water Pollution Prevention Plan. As part of the storm water pollution prevention work, the Contractor shall prepare and submit Storm Water Pollution Prevention Plan, hereafter referred to as the "SWPPP,". The SWPPP shall conform to the requirements of the "Greenbook" Standard Specifications for Public Works Construction, the requirements in the California Storm Water Quality Association, Stormwater Best Management Practice Handbook, Construction ("Handbook"), the requirements of the Permit, the requirements in the plans and these supplemental provisions. 300-13.1.1 SWPPP Document Within 15 calendar days after the execution of the Contract, the Contractor shall submit 3 copies of the SWPPP to the Engineer, in accordance with Section 2-5.3.3 of these Special Provisions. Contractor will be provided the digital format for SWPPP to complete required sections. If revisions are required, as determined by the Engineer, the Contractor shall revise and resubmit the SWPPP within 15 days of receipt of the Engineer's comments and shall allow 5 days for the Engineer to review the revisions. Upon the Engineer's acceptance of the SWPPP, 3 additional copies of the SWPPP, incorporating the required changes, shall be submitted to the Engineer. In order to allow construction activities to proceed, the Engineer may conditionally approve the SWPPP while minor revisions are being completed. The objectives of the SWPPP shall be to identify pollution sources that may adversely affect the quality of storm water discharges associated with the project and to identify, construct, implement and maintain storm water pollution prevention measures, hereafter referred to as control measures, to reduce to the extent feasible pollutants in storm water discharges from the construction site both during and after construction is completed under this Contract. The SWPPP shall incorporate control measures in the following categories: 1. Soil stabilization practices; 2. Sediment control practices; 3. Wind erosion control practices; and 4. Non-storm water management and waste management and disposal control practices. Specific objectives and minimum requirements for each category of control measures are contained in the Handbook. The Contractor shall designate a Water Pollution Control Manager who will have the responsibilities outlined in the SWPPP. The SWPPP shall include, but not be limited to, the following items as described in the SWPPP: 1. Source Identification; 2. Erosion and Sediment Controls; 3. Non-Storm Water Management; 4. Waste Management and Disposal; 5. Maintenance, Inspection and Repair; 6. Training; 7. List of Contractors and Subcontractors; 8. Post-Construction Storm Water Management; 9. Preparer; 10. Copy of the local permit; Revised 8/10/10 Bid No. PWS 13-48 PKS Page 116 of 131 11. BMP Consideration Checklist; 12. SWPPP Checklist; 13. Schedule of Values; and 14. Storm Water Pollution Prevention Drawings. The Contractor shall amend the SWPPP, graphically and in narrative form, whenever there is a change in construction activities or operations which may affect the discharge of significant quantities of pollutants to surface waters, ground waters, municipal storm drain systems, or when deemed necessary by the Engineer. The SWPPP shall also be amended if it is in violation of any condition of the Permit, or has not effectively achieved the objective of reducing pollutants in storm water discharges. Amendments shall show additional control measures or revised operations, including those in areas not shown in the initially accepted SWPPP, which are required on the project to control water pollution effectively. Amendments to the SWPPP shall be submitted for review and acceptance by the Engineer in the same manner specified for the initially accepted SWPPP. Accepted amendments shall be dated and logged in the SWPPP. Upon acceptance of the amendment, the Contractor shall implement the additional control measures or revised operations. The Contractor shall keep a copy of the accepted SWPPP and accepted amendments at the project site. The SWPPP shall be made available upon request of a representative of the Regional Water Quality Control Board, State Water Resources Control Board, U.S. Environmental Protection Agency or local storm water management agency. Requests by the public shall be directed to the Engineer. By June 15 of each year, the Contractor shall submit an annual certification to the Engineer stating compliance with the requirements governing the Permit If the project is in non-compliance at any time, the Contractor shall make a written report to the Engineer within 15 days of identification of ^ non-compliance. Add the following section: 300-13-1.2 Availability of SWPPP template. A site-specific draft document intended for use as a template for the required SWPPP document will be made available for use at the Contractor's option, at no cost to the Contractor. The document is available for review in Appendix D. The Contractor shall review the template and modify it as necessary to reflect the Contractor's operations. Add the following section: 300-13.1.3 Payment. Preparation, implementation and management of SWPPP shall be considered incidental to the items of work and no additional payment will be made therefore. Add the following section: 300-13.1.4 SWPPP Implementation. Upon acceptance of the SWPPP, the Contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting and maintaining the control measures included in the SWPPP and any amendments thereto and for removing and disposing of temporary control measures. Unless othenA/ise directed by the Engineer or specified in these supplemental provisions, the Contractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension of work ordered in accordance with Section 6-3, "Suspension of Work". Requirements for installation, construction, inspection, maintenance, removal and disposal of control measures are specified in the "Handbook" and these supplemental provisions. Soil stabilization practices and sediment control measures, including minimum requirements, shall'^^ be provided throughout the winter season, defined as between October 1 and April 30. Revised 8/10/10 Bid No. PWS 13-48 PKS Page 117 of 131 V Implementation of soil stabilization practices and sediment control measures for soil-disturbed areas of the project site shall be completed, except as provided for below, no later than 20 days prior to the beginning of the winter season or upon start of applicable construction activities for projects which begin either during or within 20 days of the winter season. The Contractor shall implement, year-round and throughout the duration of the project, control measures included In the SWPPP for sediment tracking, wind erosion, non-storm water management and waste management and disposal. The Engineer may order the suspension of construction operations, at the Contractor's cost, which create water pollution if the Contractor fails to conform to the requirements of this section as determined by the Engineer. Add the following section: 300-13.1.5 Maintenance. To ensure the proper implementation and functioning of control measures, the Contractor shall regularly inspect and maintain the construction site for the control measures identified in the SWPPP. The Contractor shall identify corrective actions and time frames to address any damaged measures or reinitiate any measures that have been discontinued. The construction site inspection checklist provided in the "Handbook" shall be used to ensure that the necessary measures are being properly implemented, and to ensure that the control measures are functioning adequately. The Contractor shall submit one copy of each site inspection record to the Engineer, within two days of the inspection. During the winter season, inspections of the construction site shall be conducted by the Contractor to identify deficient measures, as follows: 1. When the five-day rain probability forecast exceeds forty percent (40%). 2. After any precipitation which causes runoff capable of carrying sediment from the construction site; 3. At 24 hour intervals during extended precipitation events; and 4. Routinely, at a minimum of once every week. If the Contractor or the Engineer identifies a deficiency in the deployment or functioning of an identified control measure, the deficiency shall be corrected by the Contractor immediately, or by a later date and time if requested by the Contractor and accepted by the Engineer in writing, but not later than the onset of subsequent precipitation events. The correction of deficiencies shall be at no additional cost to the City. (Remainder of Page Intentionally Left Blank) Revised 8/10/10 Bid No. PWS 13-48 PKS Page 118 of 131 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATION Note: Soil amendments, plantmg and Imgation specifications on Contract plans, incorporated herein in Appendices A and B, shall take precedence over these supplemental provisions. 308-4 PLANTING. 308-4.1 General. Add the following: The Contractor shall perform actual planting during those periods when weather and soil conditions are suitable and in accordance with locally accepted horticultural practice and as approved by the Engineer. No planting shall be done in any area until it has been satisfactorily prepared in accordance with these specifications. Soil moisture level prior to planting shall be no less than 75 percent of field capacity. The Contractor shall obtain the Engineer's approval of planting pits before planting operations begin. For pit planted vegetation when the soil moisture level is found to be insufficient for planting, the Contractor shall fill the planting pits with water and allow them to drain before starting planting operations. No more plants shall be distributed in the planting area on any day than can be planted and watered on that day. The Contractor shall plant and water all plants as herein specified immediately after removal from their containers. Containers shall not be cut prior to placing the plants in the planting area. It shall be the responsibility of the Contractor to provide continuous horticultural services and temporary and/or permanent irrigation to all planted and hydroseeded areas so that the planted and hydroseeded vegetation is 100 percent healthy and thriving prior to, and throughout the, landscape maintenance period. ^ 308-4.2 Protection and Storage. Add the following: The Contractor shall submit a sheltered and secure location for on-site plant storage area for the Engineer's approval prior to the delivery of any plant materials. Any plant determined by the Engineer to be wilted, broken, or othenA/ise damaged shall be rejected at any time during the project, whether in the ground or not All plants shall be handled by their containers. Any plant that has been handled by its trunk or stem shall be rejected. All rejected plants shall be removed from the site immediately. 308-4.3 Layout and Plant Location. Modify as follows: Planting areas shall be staked by the Contractor and the Contractor shall obtain the Engineer's approval of the planting layout before planting operations begin. 308-5 IRRIGATION SYSTEM INSTALLATION. 308-5.1 General. Add the following: The Contractor shall apply irrigation water as often and in sufficient amounts, as conditions may require, to germinate and establish the seed and keep the container plants healthy and growing. The Contractor shall lay out lines, valves, and other underground utilities and receive the approval of the Engineer before digging trenches. The Contractor shall be responsible for damages caused by its operations. Connections shall be made at approximately the locations shown on the drawings. The Contractor shall be responsible for unapproved changes. Permission to shut off any existing in-use water lines must be obtained 48 hours in advance, as to the date, time and exact length of time of each shut-off. The Contractor shall demonstrate that the entire irrigation system is under full automatic operation for a period of seven days prior to any planting. Note: The water source for the wetland mitigation site shall be provided by water truck andsw^r through a water truck coupling station that is included in the plans and specifications. The Revised 8/10/10 Bid No. PWS 13-48 PKS Page 119 of 131 V contractor shall use this point of connection for all watering of the mitigation site throughout the 120 day maintenance period. 308-5.2 Irrigation Pipeline Installation. Add the following: The Contractor shall install all pressure main line piping from the irrigation system so as to maintain 3.1 m (10') minimum horizontal separation from ali potable water piping. Where reclaimed and potable water pressure mainline piping cross, the reclaimed water piping shall be installed below the potable water piping, sleeved in a pressure rating of 200 PSI SDR 21 "Alertline" PVC sleeve which extends a minimum of 3.1 m (10') on either side of the potable water piping and be located to provide a minimum vertical clearance of 300 mm (12") between the reclaimed and potable water lines. Conventional (white) PVC pipe Schedule 40 may be used for sleeving material if it is taped along its entire length with 75 mm (3") wide purple warning tape which reads "Caution Reclaimed Water". For trenching through areas where topsoil has been spread, the Contractor shall deposit topsoil on one side of trench and subsoil on opposite side. Subsoil shall be free of all rocks 13 mm {Vz") in diameter or larger, debris, and litter, prior to use as backfill. The Contractor shall repair any leaks and replace all defective pipe or fittings until lines meet test requirements. The Contractor shall not cover any lines until they have been inspected and approved by the Engineer for tightness, quality of workmanship, and materials. The Contractor shall not be backfill trenches until all required tests and obsen/ations are performed. Obsen/ations include sprinkler heads, all fittings, lateral and mainline pipe, valves, and direct burial wire. 308-5.2.3 Plastic Pipeline. Add the following: The Contractor shall store all pipe and fittings under cover until used, and all pipe and fittings shall transported in a vehicle with a bed long enough to allow the length of pipe to lay flat so as not to be subjected to undue bending or concentrated external load at any point Pipe ends and fittings shall be wiped with MEK, or equal, before welding solvent Is applied. Welded joints shall be given a minimum of 15 minutes to set before moving or handling. All ffeld cuts shall be beveled to remove burrs and excess before fitting and gluing together. The Contractor shall center load pipe with small amount of backfill to prevent arching and slipping under pressure. Joints shall be exposed for inspection during testing. Plastic-to-plastic joints shall be solvent-welded, using only solvent recommended by pipe manufacturer. Add the following section: 308-5.2.6 Installation of Brass Pipe. The Contractor shall cut brass piping by power hacksaw, circular cutting machine using an abrasive wheel, or hand hacksaw. No piping shall be cut with metallic wheel cutter of any description. The Contractor shall ream and remove rough edges or burrs on all pipes so that smooth and unobstructed flow is obtained, place Teflon tape. Teflon dope, or approved equal on male threads only, and tighten to prevent any leakage. The Contractor shall tighten screwed joints with tongs or wrenches. Caulking is not permitted. Add the following section: 308-5.3.1 Valves. Add the following: The Contractor shall install each control valve in a separate valve box with a minimum of 300 mm (12") separation between valves and 150 mm (6") from any fixed object or structure. Add the following section 308-5.3.2 Valve Boxes. The Contractor shall install no more than one valve per box. All boxes are to be marked as to the type of valve. Remote control valve boxes shall also indicate control station number. Add the following section: 308-5.3.3 Backflow Preventer. The Contractor shall install backflow preventer assembly in Revised 8/10/10 Bid No. PWS 13-48 PKS Page 120 of 131 accordance with manufacturer's specifications and as directed on drawings. Exact location and positioning shall be verified on the site by the Engineer. 308-5.4.4 Sprinkler Head Adjustment. Add the following: The Contractor shall flush and adjust all irrigation heads and valves for optimum performance and to prevent overspray onto walks, roadways buildings, walls, and other structures. Add the following section: 308-5.4.5 Drip Assembly. The Contractor shall install drip emitter filter on the supply side of all electric pressure regulating control valve for all emitter systems. The Contractor shall install a flush valve on the discharge side of all drip laterals. 308-5.5 Automatic Control System Installation. Add the following: The Contractor shall install all portions of the electrical installation with materials and methods conforming to the requirements of the 1996 National Electrical Code. The Contractor shall provide no less than one control wire and one common ground wire to sen/ice each valve in system. 308-5.6.3 Sprinkler Coverage Test. Add the following: This test shall be accomplished before any ground cover is planted. 308-6 MAINTENANCE AND PLANT ESTABLISHMENT. Add the following: For hydroseeded areas, median planting and mitigation area, The Contractor shall maintain said areas for period of no less than 120 days or until final acceptance of the project, whichever is the greater. Mowing is not required for hydroseeded areas. The Contractor shall provide complete landscape maintenance of all planted areas. The work shall include, but not be limited to, watering, litter control, weed control, stake ^ repair, cultivating, supplementary fertilization, repair of irrigation systems, and control of diseases ancTJ pests. The Contractor shall submit a written plan to control weeds, disease, and pest infestations in the^"*^ planting areas. The submittal shall conform to the requirements for shop drawings as specified in section 2-5.3 et seq. of the specifications. The Engineer shall approve all methods and materials for such control. Upon approval, the Contractor shall implement the control measures, exercising extreme caution in using pesticides and taking all steps to ensure the safety of the public. Only licensed personnel will be permitted to perform toxic spraying work. During the plant establishment period, the Contractor shall furnish sufficient workers and equipment on a daily basis to perform the work required by this section. Any day when the Contractor fails to adequately carry out the specified maintenance Work, as determined necessary by the Engineer, each day will not be credited as one of the plant establishment days. All planting areas which are damaged by construction shall be repaired by the Contractor within twenty (20) days following completion of construction in such. The Contractor shall repair such damaged areas. The repair shall consist of bringing the damaged area back to final grade, preparing the soil, replanting the area with the same vegetation as originally specified, and maintaining the area to achieve acceptable plant establishment. The Contractor shall provide temporary irrigation for hydroseeded areas for a minimum of 120 days to ensure adequate plant establishment Towards the end of the maintenance period, the Contractor shall gradually reduce the amount of irrigation to allow plant adaptation to non-irrigated conditions. Upon the approval of the engineer, the temporary irrigation system shall be shut off at the end of the maintenance period. The hydroseeded areas must have their growth of 80% established and the coverage must be evenly successful over the entire hydroseeded area and adequate to prevent erosion no less than 30 days before the end of the maintenance period. Should the coverage not be achieved the maintenance period shall be extended until the required coverage is achieved plus an additional 30 day period. The Contractor shall call for a final inspection 30 days before the end of the maintenance period and at the end of the maintenance period. Failure to pass inspection will result in an extension of the maintenance period. The Contractor shall continue to provide maintenance for Revised 8/10/10 Bid No. PWS 13-48 PKS Page 121 of 131 such time necessary to obtain confonnance to the specifications. 30S-7 GUARANTEE. Add following: The Contractor shall guarantee all 600 mm (24") box trees installed under the Contract to live and grow for one year from the day of final acceptance of the Contract woric. The Contractor shall guarantee all other plant material, including ground covers to live and grow for a period of 120 days from the last day of the maintenance period or final acceptance of the Contract wori<, whichever is the later. The Contractor shall replace, at its expense, all plant material found to be dead, missing, or in poor condition during the maintenance period within 5 days of discovery of such plant material. The Engineer shall be the sole judge as to the condition of the plant material. Plant material found to be dead or in poor condition within the guarantee period shall be replaced by the Contractor, at its expense, within 15 days of written notification. Replacements shall be made to the same specifications required for the original plantings. The Contractor shall submit written vegetation, planting and irrigation guarantee in approved form that all Work showing defects in materials or workmanship will be repaired or replaced at no cost to the Engineer for a period of one year from the date of acceptance by the Engineer. The Guarantee form shall be retyped on the Contractor's letterhead and contain the following verbiage: "Guarantee For Vegetation, Planting and Irrigation System For (Project Name) We hereby guarantee that the vegetation, planting and irrigation system we have furnished and installed for (project name) is free from defects in materials and workmanship, and the work has been completed in accordance with the drawings and specifications. We agree to repair or replace any defect in vegetation, material or workmanship, including that due to ordinary wear and tear, which may develop during the periods specified in section 308-7 of the Standard Specifications and the Special Provisions of said project from date of completion of the Work or termination of any maintenance period, whichever is the later, and also to repair or replace any damage resulting from the repairing or replacing of such defects at no additional cost to the Agency. . This guarantee does not extend to unusual abuse or neglect that may occur subsequent to the date of completion of the Work or termination of any maintenance period, whichever is the later. We shall make such repairs or replacements within a reasonable time, as determined by the Engineer, after receipt of written notice. In the event of failure to make such repairs or replacements within a reasonable time after receipt of written notice from the Engineer, we authorize the Engineer to proceed to have said repairs or replacements made at our expense, and we will pay the costs and charges therefore upon demand. Project: (Project Name) Location: (Legal Description of Project Property) Name of Contractor: Address: (Of Contractor) Telephone:: (Of Contractor) By: (Typed or printed names of signing Officer(s) of the Contractor authorized to bind the Contractor in legal matters) Title: (Of said officer(s)) Signature(s) Date of Executionf Add the following section: 308-7.1 Record Drawings. In addition to the requirements of section 2-5.4, herein, the Contractor shall prepare record drawings that show all changes in the work constituting departures from the original Contract drawings, including those involving both constant-pressure and intermittent-pressure lines and appurtenances. The Contractor shall accurately record, on a daily basis, on one set of blue line prints of the irrigation drawings, all changes in work constituting departures from the original Contract drawings, including changes in both pressure and non-pressure line. The Contractor shall post information on record drawings no later than the next working day after the work is installed. The Contractor shall record changes and dimensions in a legible and professional manner. When the drawings are approved by the Engineer the Contractor shall transfer all information to a set of Revised 8/10/10 Bid No. PWS 13-48 PKS Page 122 of 131 reproducible photo mylar drawings. Items required to be shown shall be dimensioned by the Contractor^ from two permanent points of reference (buildings, monuments, sidewalks, curi3s, and pavement). The^ accuracy of location of all items to be shown on the drawings shall be 150 mm (6") in both the vertical and horizontal planes. All text and numerals placed on drawings shall be 0.30 mm (Va") in size. Facilities and items to be located in their horizontal and vertical positions and shown on the record drawings include all: a) Point(s) of connection, for water and electrical sen/ices b) Routing of irrigation pressure mainlines c) Backflow preventors d) Ball, gate and check valves e) Irrigation control valves. f) Quick coupler valves g) Routing of service wires h) Routing of control wires 1) Electrical service equipment j) Electrical junction boxes k) Irrigation controllers I) Sleeves for future connections m) Other equipment of a similar nature (as directed by the Engineer). The Contractor shall keep the blue print drawings available for the Engineer's inspection at any time. The Contractor shall make all changes to reproducible drawings in waterproof black ink (no ball point pen). Changes in dimensions shall be recorded in a legible and professional manner. Record construction drawings shall be maintained at the job site during construction. The Contractor shall provide one set of mylar "record" drawings to the Engineer after submitting blueline prints of the proposed "record" drawings for, and obtaining their approval by, the Engineer. ^Hk. Add the following section: 308-7.2 Controller Chart. The Contractor shall prepare record drawings which shall be submitted to the Engineer for approval by the Engineer before charts are prepared. The Contractor shall provide one controller chart of the maximum size the controller door will allow, for each controller supplied, showing the area covered by that automatic controller. The chart shall be a reduction of the actual record system drawing with a legend to explain all symbols. If the controller sequence is not legible when the drawing is reduced, The Contractor shall enlarge it to a size that will be readable when reduced. The Contractor shall photocopy the chart, with a pastel transparent color used to show area of coverage for each station. When completed and approved, the Contractor shall hermetically seal the chart between two pieces of plastic, each piece being a minimum 20 mils thick. The Contractor shall complete the charts and obtain the Engineers approval prior to final inspection of the irrigation system. Add the following section: 308-7.3 Operation and Maintenance Manuals. The Contractor shall prepare and deliver to the Engineer, within 10 calendar days prior to completion of construction, all required and necessary descriptive material in complete detail and sufficient quantity, properiy prepared in four individual bound copies. The descriptive material shall describe the material installed in sufficient detail to permit qualified operating personnel to understand, operate, and maintain all equipment The Contractor shall include spare parts list and related manufacturer information for each equipment item installed. Each manual shall include the following: a) Index sheet stating Contractor's address and telephone number. b) Duration of Guarantee period. ^ c) List of equipment, with names and addresses of manufacturer's local representative. d) Complete operating and maintenance instructions on all major equipment. e) In addition to the maintenance manuals, the Contractor shall provide the agency maintenance Revised 8/10/10 Bid No. PWS 13-48 PKS Page 123 of 131 V personnel with instructions for major equipment, and show written evidence to the Engineer at the conclusion of the work that this service has been rendered. Add the following section: 308-7.4 Check List. The Contractor shall complete and fonA/ard signed and dated checklist to the Engineer before final acceptance of project. The following checklist at the end of the project, using the fornnat shown: a) Plumbing permits (if none required, so note) b) Materials approval c) Pressure mainline test (by whom, and date) d) Record drawings completed (received by, and date) e) Controller chart completed (received by, and date) f) Materials furnished (received by, and date) g) Operation and maintenance manuals furnished (received by, and date) h) System and equipment operation instructions (received by, and date) 1) Manufacturer warranties (received by, and date) j) Written guarantee by Contractor (received by, and date) 308-8 MEASUREMENT AND PAYMENT. Add the following: The lump-sum or unit prices set forth in the Contract documents shall include, but not be limited to, full compensation for furnishing all labor, materials, tools, and equipment and performing all work necessary to complete, maintain, and guarantee the planting and irrigation work described or specified In the Contract documents, including soils testing and recommended soil amendments, seed and hydroseed slurry, tree stakes, bark mulch, erosion control matting, plant materials, temporary irrigation and permanent irrigation, including reduced-pressure back-flow preventer, ball valves, drip valve assembly, electric control valves, quick couplers, control wires, pull boxes, valve boxes, all piping and sleeves, electrical conduits, irrigation heads, drip emitters, bubblers, drip irrigation equipment, connection from electrical sen/ice to irrigation electrical meter, connection from meter to irrigation controller(s), installation of controller enclosure, concrete pads, preparation, correction, reproduction and lamination of "as-builf drawings, controller charts, assembly and submittal of the check list and operation and maintenance manuals and all appurtenances to the aforementioned items, as well as 120 days' maintenance and project guarantees. After completion of the project, the Engineer will retain $12,000 of the total Contract amount, and will subsequently disburse the $12,000 to the Contractor on a monthly basis of $3,000 per month. The Engineer reserves the right to stop payment until all punch list submitted to the Contractor every month are completed. The wetland mitigation site re-vegetation work shown on Drawing entitled "Lake Calavera Boardwalk Trail and Restoration Project No. 38661" including Sheets IR-1 to IR-6, and PL-1 to PL-4 is included as landscape and irrigation installation and all labor and materials to install, maintain and guarantee pertain to it. Add the following section: 308-9 WETLAND MITIGATION. Add the following section: 308-9.1 General. All work shown on Sheets PL-1 through PL-4 of the construction plans entitled "Lake Calavera Boardwalk Trail and Restoration Project No. 38661" including: a) The marshes within the limits of work shall be protected by laying geotextile and adding a 300 mm (12") layer of soil over the cloth. The limits of work are shown on construction plans entitled "Lake Calavera Boardwalk Trail and Restoration Project No. 38661" and consist of the limits of work on the west, north and east and the limits of grading on the southerly boundary. b) The willow scrub within the limits of work shall be cut down to just above soil height. 4» V Revised 8/10/10 Bid No. PWS 13-48 PKS Page 124 of 131 c) The cut materials shall be mulched back onto the site and Geotextile shall then be placed over the wetland. d) Prior to construction and placement of geotextile, the outer boundary of limits of work shall be Staked and flagged with fluorescent tape at 7.6 m (25') on center to avoid additional wetland impacts. e) The Contractor shall take care that the soil remains within the limits of work to avoid sedimentation of downstream areas. Should such sedimentation occur the Contractor shall remove all sediments so deposited and shall take all measures to restore the streambed to its preconstruction condition at the Contractor's expense. f) Immediately subsequent to the completion of construction activities in the vicinity of the wetlands the Contractor shall remove the soil and geotextile covers. Add the following section: 308-9.2 Payment. Temporary marsh protection shown on Sheets PL-1 through PL-4 will be paid for at the Contract lump sum price for temporary marsh protection and shall include full compensation for protection, furnishing, marking, installing and removing of geotextile and soil cover, planting, irrigation, and erosion control measures. No additional payment shall be made for sediment removal and/or streambed rehabilitation due to sedimentation caused by the Contractor's failure to contain the soil cover. (Remainder of Page Intentionally Left Blank) Revised 8/10/10 Bid No. PWS 13-48 PKS Page 125 of 131 APPENDIX A Construction plans entitled "Construction Plans for Lake Calavera Boardwalk Trail and Restoration" consisting of 21 sheets including construction specifications Revised 8/10/10 Bid No. PWS 13^(8 PKS Page 126 of 131 APPENDIX B Lake Calavera Trail Boardwalk Habitat Mitigation and Monitoring Plan Revised 8/10/10 Bid No. PWS 13-48 PKS Page 127 of 131 Final Wetland Habitat Mitigation & Monitoring Plan for the City of Carlsbad Parks and Recreation Department 799 Pine Ave, Suite 200 Carlsbad. CA 92008 Contact: Liz Ketabian PREPARED 3Y 605 Third Street Encinitas. CA 92024 Contact: John Minchtn. Landscape Architect #2225 Habitat Restoration Specialist LAKE CALAVERA TRAILS MASTER PLAN BOARDWALK IMPROVEMENT PROJECT FINAL WETLAND HABITAT MITIGATION AND MONITORING PLAN Prepared for: City of Carlsbad Parks and Recreation Department 799 Pine Ave. Suite 200 Carlsbad, California 92008 Contact: Uz Ketabian Prepared by: DUDEK 605 Third Street Encinitas, California 92024 Contact: John Minchin Landscape Architect #2225 Habitat Restoration Specialist AUGUST 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan TABLE OF CONTENTS Section Page No, EXECUTIVE SUMMARY V 1.0 DESCRIPTION OF THE LAKE CALAVERA PRESERVE TRAIL BOARDWALK PROJECT 1 1.1 Applicant/Permittee 2 1.2 Responsible Part;ies (Financial Assurances) 2 1.3 Regional Resource Planning Context 8 2.0 EXISTING CONDITIONS (BASELINE INFORMATION) 9 2.1 Physical Conditions 9 2.2 Topography 9 2.3 Soils 10 2.4 Vegetation Communities 10 2.4.1 Disturbed Wetland 10 2.4.2 Coastal and Valley Freshwater Marsh 17 2.4.3 Southem Coast Live Oak Riparian Forest 17 2.4.4 Southem Willow Scrub 17 2.4.5 Cismontane Alkali Marsh 18 2.4.6 Mulefat Scrub 18 2.4.7 Diegan Coastal Sage Scrub 18 2.4.8 Disturbed Habitat 19 2.5 Sensitive Biological Resources 19 2.5.1 Sensitive Plant Species 19 2.5.2 Sensitive Wildlife Species 19 2.5.3 Wildlife Linkages and Corridors 20 2.5.4 Sensitive Vegetation Communities and Habitats 20 2.5.4.3 Jurisdictional Waters 21 2.6 Proj ect Impacts 21 2.6.1 Impacts to Upland Vegetation Communities and Land Covers 22 2.6.2 Impacts to Jurisdictional Aquatic Resources 22 2.6.3 Sensitive Species Direct Impacts 23 2.7 Biological Functions and Values of Areas to be Impacted 23 2.7.1 Functions and Services of Jurisdictional Aquatic Resources 23 2.8 Required Mitigation for the Boardwalk Trail Project Impacts (Determination of Credits)... 25 6967 DUDEK ' August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan TABLE OF CONTENTS (CONTINUED) Section Page No, 3.0 GOALS AND OBJECTIVES OF THE MITIGATION PROGRAM 27 3.1 Biological Functions and Services to be Created and Enhanced 27 3.2 Objectives - Vegetation Communities to be Created and Enhanced 28 3.3 Final Performance Standards 30 4.0 RESTORATION IMPLEMENTATION PLAN (WORK PLAN) 37 4.1 Rationale for Expecting Project Success (Site Selection) 37 4.2 Existing Resource Impact Avoidance 38 4.3 Site Access and Protection 38 4.4 Erosion Control and Best Management Practices 41 4.5 Grading and Site Preparation 41 4.6 Hydrology 42 4.7 Irrigation System Installation 42 4.8 Recommended Plant Palettes 43 4.9 Planting Materials 47 ^ 4.10 Time Lapse 47 4.11 Preliminary Schedule 48 4.12 Initial Establishment Period 48 4.13 As-Built Plan 49 4.14 Cost Estimate 49 5.0 MAINTENANCE PLAN 51 5.1 Maintenance Activities 51 5.1.1 Pest Management 51 5.1.2 Irrigation System and Hand Watering 52 5.1.3 Trash Removal 53 6.0 MONITORING REQUIREMENTS 55 6.1 Performance Standards 55 6.1.1 Performance Standards 55 6.1.2 Functional Wetlands Standards 56 6.1.3 Qualitative Monitoring 58 6.1.4 Quantitative Monitoring 58 7.0 REPORTING 59 6967 DUDEK <• August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan TABLE OF CONTENTS (CONTINUED) Section Page No. 8.0 CONTINGENCY MEASURES 61 8.1 Adaptive Management 61 8.1.1 Herbivory 62 8.1.2 Sediment Loss and Erosion Issues 62 8.1.3 Drought 62 9.0 COMPLETION OF MITIGATION 63 9.1 Notification of Completion 63 9.2 Agency Confirmation 63 10.0 SITE PROTECTION INSTRUMENT (LONG-TERM MANAGEMENT) 65 11.0 REFERENCES 67 APPENDICES A MND Notice of Determination Mitigation Measures B Preliminary Boardwalk Alignment (Plan and Photographs) C Construction Plans for Lake Calvera Boardwalk Trail and Restoration 6967 DUDEK iii August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan TABLE OF CONTENTS (CONTINUED) Page No, UST OF FIGURES 1 Regional Map 3 2 Vicinity Map 5 3 A Existing Conditions with Proposed Boardwalk - West Portion 11 3B Existing Conditions with Proposed Boardwalk - East Portion 13 3C Existing Conditions - Northeast Comer 13 4A Proposed Wetlands and Uplands Mitigation - West Portion 31 4B Proposed Wetlands and Uplands Mitigation - East Portion 31 4C Proposed Wetlands and Uplands Mitigation - Northeast Comer 31 5 Wetland Creation Areas - Cross-Sections 31 LIST OF TABLES 1 Impacts to Upland Vegetation Communities and Land Covers (Acres) 22 2 Impacts to ACOE and CDFG Jurisdictional Wetland Vegetation Communities and Land Covers and CDFG Jurisdictional Waters (Acres) (Revised 6/26/12 per ACOE impacts assessment) 23 3 Impacts to ACOE/CDFG Jurisdictional Aquatic Resource/ Uplands and Required Mitigation (Revised 6/26/12 per ACOE impacts assessment) 25 4 Project Impacts and Proposed Mitigation (Revised 6/26/12 per ACOE impacts assessment) 29 5 Coastal Valley Freshwater Marsh Plant Palette (0.11 ac.) 44 6 Southem Willow Scrub Plant Palette (0.20 ac.) 44 7 Southem Coast Live Oak Riparian Forest Plant Palette (0.20 ac.) 45 8 Southem Coast Live Oak Riparian Forest/Southem Willow Scmb Seed Mix (0.40 ac.) 45 9 Diegan Coastal Sage Scmb Seed Mix (0.05 ac.) 46 10 Proposed Implementation Schedule 48 11 Performance Guidelines for Created and Enhanced Wetlands Vegetation Communities 56 DUDEK iv August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan EXECUTIVE SUMMARY The City of Carlsbad (City) proposes the constmction of approximately 1000' of boardwalk as part of improvements to the existing multi-use recreation trail system within the City owned 262- acre Lake Calavera Preserve (Preserve). Improvements and maintenance to the existing multi-use recreational trails and viewpoints in the Lake Calavera Preserve are being implemented as part of the Lake Calavera Trails Master Plan. The proposed boardwalk system will replace informal trails developed within jurisdictional wetlands upstream of Lake Calavera, including a crossing at a tributary to Agua Hedionda Creek (Calavera Creek) and a secondary creek tributary. The boardwalk will elevate trail users above the wetland and out of the creek preventing sedimentation of wetland waters, tramping vegetation and compacting native soil. The boardwalk trail would be enhanced and widened in accordance with the City's Habitat Management Plan for Natural Commimities in the City of Carlsbad (HMP, Adopted 2004) and per the guidelines outline in this Final Wetland Habitat Mitigation and Monitoring Plan (HMMP). The boardwalk will serve to protect functions of the wetland, while providing services which benefit the public by allowing interaction within this fragile ecosystem. Constmction of the boardwalk would be funded through the City of Carlsbad Capital Constmction Improvements Program. The constmction of the boardwalk would be broken up into two phases. The first phase would cover the majority of the boardwalk mnning through the main creek area. A second phase would be associated with a small tributary drainage in the southeast portion of the project, which is currently slated as an Eagle Scout project. These two phases will be handled separately by the city for constmction, but are being permitted together with the resource agencies. Impacts to jurisdictional aquatic resources for the boardwalk project includes impacts to 0.10- acre of permanent and 0.06-acre of temporary impact to ACOE and CDFG jurisdictional wetlands, totaling 0.16-acre of impacts. Additionally, 0.05 acre of CDFG only wetlands will be permanently impacted and 0.04-acre will be temporarily impacted. Impacts to upland vegetation include 0.016 acre of permanent impacts and 0.003 acres of temporary impacts, for a total of 0.019 acre to Diegan coastal sage scrub and disturbed habitat. Project impacts are significant per the City's HMP and require project mitigation measures be implemented to reduce impacts to a level below significant. Impacts to U.S. Army Corps of Engineers (ACOE), Califomia Department of Fish and Game (CDFG), and Regional Water Quality Control Board (RWQCB) jurisdictional wetlands, as well as associated uplands will be mitigated through on-site creation, restoration and enhancement. Vegetation communities that will be created (established), restored and enhanced on site include 6967 DUDEK V August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan southern willow scmb, freshwater marsh, southem coast live oak riparian forest and Diegan coastal sage scmb. A total of 0.51 acres of combined jurisdictional wetlands will be created, restored and/or enhanced, with an additional 0.05 acres of DCSS will be created in order to serve as a buffer to the created wetland mitigation areas in the north east portion of the project. Mitigation will be obligated to a 5-year maintenance and monitoring period until established performance criteria is achieved and accepted by the resource agencies. I I r- 1^ 6967-01 DUDEK vi August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan 1,0 DESCRIPTION OF THE LAKE CALAVERA PRESERVE TRAIL BOARDWALK PROJECT The City of Carlsbad (City) proposed boardwalk trail is part of improvements to the existing multi- use recreation trail system within the City owned Lake Calavera Preserve (Preserve). The approximate 262-acre Lake Calavera Preserve is located in the northeastem comer of the City of Carlsbad, San Diego County, within unsectioned lands of the Agua Hedionda land grant on the southeastem portion of the United States Geological Survey (USGS) 7.5' San Luis Rey, Califomia Quadrangle (Figures 1 and 2). The Lake Calavera Trails Master Plan (Master Plan) was approved by the City in January, 2010. The Master Plan includes improvements and maintenance to approximately 6-miles of existing trails, to accommodate hikers and non-motorized bicyclists. The proposed project would prevent this uncontrolled loss of habitat through the implementation of an improved and managed trail system designed to follow portions of the existing trail system. The proposed elevated boardwalk trail will replace informal trails developed within jurisdictional wetlands upstream of Lake Calavera, including a crossing at a tributary to Agua Hedionda Creek (Calavera Creek) and a secondary creek tributary. The boardwalk will elevate trail users above the ^3 wetland and out of the creek preventing sedimentation of wetland waters, tramping vegetation and compacting native soil. The boardwalk will serve to protect functions of the wetland, while providing recreational benefit to the public by allowing a more manageable interaction within this fragile ecosystem. Restoring degraded wetlands from informal egress and designating one trail greatly improve the biological functions of the creek and wetland areas. The boardwalk trail would be designed and implemented in accordance with the City's Habitat Management Plan for Natural Commimities in the City of Carlsbad, Section F2 and F3 (HMP, Adopted 2004) and designated as a Type B trail. Type B boardwalk trails are intended for pedestrians and bicyclists. The three segments of this trail type cross over site drainages, or are located within an area that receives seasonal saturation; thus, 3 segments of boardwalk are proposed to be constmcted to enable safe year around crossing by trail users. From shortest to longest, the length of boardwalk required at each segment range from approximately 25, 278, to 649 feet; the width and horizontal clearance of each boardwalk segment would be 6 feet (with an overall constmction zone of 8 feet. This width includes an elevated edging along each edge ofthe boardwalk for safety and to meet ADA requirements. It is anticipated that the constmction of all boardwalks would require an impact width of 8 feet (constmction zone); thus, the outer foot on either side of the constmction zone are considered temporary impacts (two feet total), which would be revegetated as part of the mitigation program. 6967 DUDEK 1 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan Boardwalks are proposed to replace an existing highly trafficked informal trail system established through sensitive wetlands, which includes user-constmcted bridges made from driftwood debris and salvaged constmction materials. In addition, during months of high rainfall, users avoid saturated areas by trampling on adjacent native vegetation. The constmction of boardwalks would prevent trail widening and ensure that users stay within the designated trail. Construction of the boardwalk would be funded the City of Carlsbad Capital Constmction Improvement Program and possibly grant funds that are currently in process for the project. However, the project is not dependent on the grant funds in order to move forward once permit entitlements are obtained. Impacts to U.S. Army Corps of Engineers (ACOE), Califomia Department of Fish and Game (CDFG), and Regional Water Quality Control Board (RWQCB) jurisdictional wetlands will be mitigated for through on-site wetland creation, restoration and enhancement of jurisdictional wetland vegetation communities. This document provides a conceptual plan for the on-site wetlands mitigation and associated uplands restoration and follows the general compensatory mitigation requirements as outlined by ACOE in the Federal Register (73 FR 19594-19705). 1.1 Applicant/Permittee City of Carlsbad Parks and Recreation Department 799 Pine Ave. Suite 200 Carlsbad, Califomia 92008 Contact: Ms. Liz Ketabian Phone.760.434.2978 Fax. 760.434.5088 1.2 Responsible Parties (Financial Assurances) Dudek prepared this Final Wetlands Habitat Mitigation and Monitoring Plan (HMMP) in support of the City's permit applications to ACOE, CDFG, and RWQCB. If the permits are granted by the resource agencies, the City will be financially responsible for the costs associated with the implementation, monitoring, maintenance, and long-term protection of mitigation and restoration areas as defined in this plan. The City will also be responsible for all costs associated with completion of the mitigation and restoration requirements herein. Further, The City will provide access to the project areas for Restoration Ecologists, Habitat Restoration Contractor, and permitting agency officials. 6967 DUDEK 2 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan INTENTIONALLY LEFT BLANK 6967 DUDEK ^ August 2012 FIGURE 2 Vicinity Map Lake Calavera Trials Master Plan Boardwalk Improvement Project - Final Wetland Habitat Mitigation and Monitoring Plan Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan INTENTIONALLY LEFT BLANK 6967 DUDEK 6 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan The City will select a qualified Restoration Ecologist to monitor boardwalk installation, mitigation and long-term maintenance of the mitigation and restoration areas. The Restoration Ecologist and the City will review all aspects of the pertinent contract documents including, but not limited to, boardwalk installation plans and specifications, restoration plans and specifications, site protection, contractor submittals, scheduling of formal site observations, lines of communication, and persons with inspections, and stop work authority prior to project implementation. The City, in consultation with the Restoration Ecologist will oversee and coordinate implementation of boardwalk installation and this HMMP, including conducting or overseeing field work for project installation and monitoring during the 5-year maintenance and monitoring period. The Restoration Ecologist will possess specific knowledge and project-level experience with wetlands establishment and enhancement projects, and at least 5 years of wetlands restoration experience in Califomia. The Restoration Ecologist also will be required to advise all project personnel of the on-site constmction restrictions resulting from the proposed implementation of boardwalk installation and this HMMP, and the presence or potential presence of sensitive species and vegetation communities within or adjacent to the project area, as well as known biological related dangers on site (e.g., rattlesnakes, bee hives, poison oak, etc.). Information about federal, state, and local laws relating to these biological resources will be discussed as part of the environmental education program. Access and staging areas will be established outside of environmentally sensitive areas. Project installation monitoring will occur throughout the boardwalk and restoration site constmction period. Monitoring time may increase or decrease as required by field conditions and constmction activities. The City will hire a contractor (Habitat Restoration Contractor) to conduct the restoration in conjunction with boardwalk installation. If the City chooses to hire a separate contractor for boardwalk construction/installation, the City and contractor shall coordinate the boardwalk construction concurrent with restoration activities. The City will coordinate the installation of the boardwalk in the small southeasterly tributary drainage, separately from the main boardwalk construction. The Habitat Restoration Contractor will be a qualified, licensed company, with experience in native habitat restoration and maintenance. During the implementation phase, the Habitat Restoration Contractor will be responsible for performing project installation, including site preparation, grading, seeding, planting, erosion control, and other tasks as directed by the City, Restoration Ecologist and as described in this HMMP. During the 5-year monitoring phase, the Habitat Restoration Contractor will be responsible for irrigation, weed control, erosion control, trash removal, replanting, and other tasks as directed by the City, Restoration Ecologist and as described in this HMMP. 6967 DUDEK 7 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan 1,3 Regional Resource Planning Context Projects located within the City's jurisdiction will be subject to the finalized, adopted version ofthe HMP. The proposed project site is located within a proposed hardline conservation area ofthe City's HMP preserve system. With the final approval of the HMP in 2004, the Lake Calavera Project site receives the same conservation status as existing hardline areas and thus is designated as open space (Adopted 2004, Section D, page D-14). Implementation of the project mitigation measures shall be required to reduce impacts to a level below significance and ensure consistency with the Multiple Habitat Conservation Program (MHCP). The Lake Calavera trails Master Plan, including the segments of proposed boardwalk trails, have undergone CEQA review and a Mitigated Neg. Dec was filed on January 27, 2010 for HMP 09-05 for Doc. # 100020. The State Cleaning house number is 200907109. A copy of the Notice of Determination for the MND and the Mitigation Measures for the Lake Calavera Trails Master Plan are attached as Appendix A and referenced herein. DUDEK 8 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan 2.0 EXISTING CONDITIONS (BASELINE INFORMATION) Biological surveys of the project site were conducted by Merkei & Associates, Inc. (M&A) between 2005 to 2009 to identify the biological resources present and analyze biological impacts throughout the Lake Calavera Trails Study Area. Survey data relevant to the Boardwalk project are included below, as presented in the Lake Calavera Trails Biological Resources Report (Merkei and Associates, 2009). M&A mapped the vegetation on site, performed a jurisdictional wetland delineation, and conducted protocol surveys for the federally listed, endangered vemal pool branchiopods [i.e., San Diego fairy shrimp (Branchinecta sandiegonensis)], federally and state listed, endangered least Bell's vireo (Vireo bellii pusillus), federally listed, endangered southwestem willow flycatcher (Empidonax traillii extimus), and federally listed, threatened coastal Califomia gnatcateher (Polioptila californica californica). In addition, M&A biologists surveyed for the federally listed, threatened thread-leaved brodiaea (Brodiaeafilifolia). Dudek Habitat Restoration Specialists John Minchin and Stuart Eraser conducted field surveys within the study area specific to construction of the proposed boardwalk and to evaluate mitigation opportunities (2011). The survey efforts were focused on vegetation, jurisdictional waters, and sensitive plant and animal species. General biological surveys and focused botanical and wildlife studies were also conducted within the study area by M&A. Descriptions included below summarize the results of those surveys. A preliminary plan view layout of the boardwalk with representative photographs taken along the boardwalk alignment are shown on Figure B-l (Appendix B). 2.1 Physical Conditions The Boardwalk project area is situated along a USGS unnamed tributary (Calavera Creek) to Agua Hedionda Creek, which occurs approximately one mile southwest of the site. Coordinates locate the project site at 33deg.lO'23N and 117deg.l6'52" W. The project area is situated northeast and upstream of a man-made earth-fill dam and reservoir (called Lake Calavera) that currently impounds mnoff from the upper Calavera Creek watershed. The Boardwalk project area is located in the northeastem portion of the Lake Calavera Preserve with single-family residences located on the north, east and west and an adjacent CDFG preserve to the south. 2.2 Topography The Boardwalk project area is located within a broad drainage area subject to seasonal flooding and ponding. Elevations within the Boardwalk project area range from approximately 215 feet above mean sea level (AMSL) at the main creek crossing, between 224 and 228 ASML at the upstream tributary crossing and at between 228 and 244 feet ASML in the upstream stretch. 6967 DUDEK 9 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan Constmction of the dam and creation of the reservoir/impoundment downstream has effected/impacted site physiography. Slopes draining into drainage surrounding the project site are gentle with steep slopes on the flanks of Mount Calavera to the south. 2.3 Soils According to Bowman (1973), Salinas clay loams covers 100% of the study area. The Salinas series consists of well drained and moderately well drained clay loams that washed from the Huerhuero complex and Las Flores loamy fine sand. These soils are found in flood plains and alluvial fans and have slopes of 0-9%. In a representative profile, the surface layer is dark grayish brown clay loam and neutral to mildly alkaline to about 22 inches. The subsoil is dark grayish-brown heavy clay loam and clay and mildly alkaline (pH 7.4) to a depth of more than 60 inches. The erosion hazard is slight to moderate. 2.4 Vegetation Communities An analysis of vegetation communities is provided in the Lake Calavera Trails Biology Resources Report (Merkei and Associates 2009). According to this report, and follow-up reconnaissance by Dudek (2011), the project area supports predominantly wetlands habitat with patches of disturbed coastal sage and disturbed habitat (trails). A total of 8 vegetation communities and land covers were identified within the boardwalk and restoration project area, including disturbed wetland, coastal and valley freshwater marsh, southem coast live oak riparian forest, southem willow scmb, mulefat scmb, cismontane alkali marsh, Diegan coastal sage scmb, and disturbed habitat. (Figures 3 A, 3B and 3C). Characteristics of the vegetation communities present on site are described below. 2.4.1 Disturbed Wetland Disturbed Wetland (DW) has been mapped within the proposed boardwalk constmction portion of the study area adjacent to southem willow scrub and freshwater marsh. This vegetation community is comprised of open and patchy flora species including non-native and native species. This area is heavily dominated by pampas grass (Cortaderia Jubata) with several coyote bmsh (Baccharis pilularis) shmbs and non-native annual forb species intermixed. In some cases, heavily compacted and unvegetated areas within ACOE/CDFG or CDFG jurisdictional areas were mapped as disturbed wetland. The majority of trails and pathways located within a designated vegetation community were classified as a 'disturbed' variant (i.e., disturbed Southem Willow Scmb). DUDEK 10 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan INTENTIONALLY LEFT BLANK DUDEK r^"l PreserveBndy p Boardwalk Pemianenl & Temporary Impacts (SWS & FWM Revegolation of Tomporafy Impacts) VEGCODE. VEGTYPE Coyola Brush So, Diegan Coastal Sage Scrub/Reveg Dcss, Dtegan Coastal Sage Scrub Dcas/reveg, Diegan Coastal Sage Scrub/Reveg cam, Cismonlane Alkali Marsh cc, Chamise Chaparral dow. Coast Uve Oak Woodland cscs, Coastal Sage-Chaparral Scrub dDcss, Disturbed Diegan Coastal Sage Scrub boss. Coyote Brush Scnib dtwm, Disturbed Coastal and Valley Freshv*ater Marsh dhab. Disturbed Hflbilat dsclorf, Disturbed Soulhetn CoasI Live Oak Ripanan Forest ACOE/CDFG Jurisdictional Habitat CDFG Jurisdictional Habitat dsws. Disturbed Southem WiHovf Scnjb dwrel. Disturbed Wetland fwm. Coastal and Valley Freshwater Marsh mfs. Mule Fat Scrub mg. Non-native Grassland nnv, Non-native Vegetation ow. Open Water sctoft. Southem Coast Uve Oak Riparian Forest smc. Southem Mixed Chaparral SWS, Southem WiBow Scrub urdev, Urban/Developed vng. Dislurbed Valley Needlegrass Grassland FIGURE 3B Existing Conditions with Proposed Boardwalk - East Portion Lake Catavera Tiiate Maslef Plan BoBfdwalk Improvement Project - Final Wetland Habitat Mitigation and Monitoring Plan Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan INTENTIONALLY LEFT BLANK DUDEK 1 PreserveBndy Boardwalk Pemianent & Temporary Impacts ACOE/CDFG Jurisdictional Habitat CDFG Jurisdictional Habitat dsws. Disturbed Southern Wiltow Scrub dwel. Dislurbed WeUand fwm. Coastal and Valley Freshwater Marsh mfs. Mule Fat Scrub nng, Nor-nativo Grassland nnv, Non-naiive Vegetation ow. Open Water sclorf. Southern Coast Uve Oak Riparian Forest Southern Mixed Chaparral SWS. Southern Wilow Scrub urdov, Urban/Devetoped vng. Disturbed Valley Needlegrass Grassland Lake Calavera Trails Master Plan Boardwalk improvement Project Final Wetland Habitat Mitigation and Monitoring Plan INTENTIONALLY LEFT BLANK DUDEK Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan 2.4.2 Coastal and Valley Freshwater Marsh Coastal and Valley Freshwater Marsh (FWM) habitat occurs along within the wetland depressions periodically flooded during high water conditions. The portion of this vegetation community present on the project site is dominated by low herbaceous species including Yerba mansa (Anemopsis californica) and low emergent monocots including Mexican msh (Juncus mexicanus). Spiny msh (Juncus acutus), pale spike-sedge (Eleocharis macrostachya), broad- leaved cattail (Typha latifolia) and Califomia bulmsh (Scirpus califomicus). Other herbaceous species including broad-leaved cattail (Typha latifolia), Califomia bulmsh (Scirpus califomicus) and salt marsh fleabane (Pluchea odorata) occur in patches. Disturbed Freshwater Marsh (dFWM) is present on trails and pathways located within Freshwater Marsh. Site disturbance, including repeated mechanical perturbation has altered the vegetation composition such that the shmb cover percentage is below 10% and there is a high prevalence of compacted soils and impacted vegetation along the trail fringe. All dFWM vegetation is located within ACOE/CDFG jurisdictional wetlands. 2.4.3 Southern Coast Live Oak Riparian Forest Individual trees, as well as small groves of coast live oak (Quercus agrifolia), occur within the Southem Live Oak Riparian Forest (SLORF) habitat areas, which occur along the tributary drainages, and the mesic areas upstream from the reservoir. Most of the oaks are mature trees with a height and similar canopy width ranging from 20-40 feet. The understory includes mostly leaf-litter, which serves to keep the soil and roots of these trees cool and moist during the dry summer months. Along the canopy fringe, several shade-adapted species were detected. Included here were Califomia peony (Paeonia californica), checker-bloom (Sidalcea malvaeflora ssp. sparsifolia) and coast j epsonia (Jepsonia parryi). Disturbed Southem Live Oak Riparian Forest (dSLORF) is present on trails and pathways located within Southem Live Oak Riparian Forest. Site disturbance, including repeated mechanical perturbation has altered the vegetation composition such that the shmb cover percentage is below 10% and there is a high prevalence of compacted soils and impacted vegetation along the trail fringe. dSLORF vegetation communities are located within either ACOE/CDFG or CDFG jurisdictional wetlands. 2.4.4 Southern Willow Scrub Southem Willow Scmb (SWS) habitat is the predominant vegetation community located along Lake Calavera Creek, upstream from the reservoir. Much of this habitat includes willow species ranging from 20 to 40 feet in height. Included here are arroyo willow (Salix lasiolepis), lance- 6967 DUDEK 17 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan leaf willow (Salix lucida ssp. lasiandra) and Goodding's black willow (Salix gooddingii). Several small groves of Califomia fan palm (Washingtonia filifera) have invaded the upstream portion of the site. In the most mesic locations, freshwater marsh habitat including dense stands of Califomia bulmsh and broad-leaved cattail comprise the understory. In drier areas, the understory includes a high diversity of shmb and herbaceous plant species. The shmb layer includes mulefat, narrow-leaved willow (Salix exigua), and westem poison oak (Toxicodendron diversilobum). The herbaceous layer includes yerba mansa, San Diego sedge (Carex spissa), and variety of mshes including Mexican msh, mariposa msh (Juncus dubius), and the sensitive flora species spiny msh. Disturbed Southem Willow Scmb (dSWS) is present on trails and pathways located within Southem Willow Scmb. Site disturbance, including repeated mechanical perturbation has altered the vegetation composition such that the shmb cover percentage is below 10% and there is a high prevalence of compacted soils and impacted vegetation along the trail fringe. All dSWS vegetation communities are located within ACOE/CDFG jurisdictional wetlands. 2.4.5 Cismontane Alkali Marsh Patches of Cismontane Alkali Marsh (CAM) are found in mesic locations upstream of the reservoir. High evaporation and low input of freshwater render these areas somewhat salty. The dominant species of this habitat is yerba mansa (Anemopsis californica) and saltgrass (Distichlis spicata). Other species present include westem ragweed (Ambrosia psilostachya), Mexican msh (Juncus mexicanus), and spiny msh (Juncus acutus ssp. leopoldii). Non-native plants such as celery (Apium graveolens), annual beard grass (Polypogon monspeliensis), and curly dock (Rumex crispus) are also present. 2.4.6 Mulefat Scrub Mulefat Scrub (MFS) occurs in patches upstream of the reservoir and is typically situated between freshwater marsh and upland habitat types such as Diegan coastal sage scmb. It is typically characterized as a monotypic shmb community with mulefat (Baccharis salicifolia) as the predominant species. Occasional young willows may also be found in this habitat, though in most cases individual willows are mapped as southem willow scmb. Understory plants include wetland associates such as saltgrass and in shady areas cocklebur (Xanthium strumarium). 2.4.7 Diegan Coastal Sage Scrub Diegan Coastal Sage Scmb (DCSS) habitat on site includes several monotypic stands of coyote brush located moist areas adjacent to southem willow scmb vegetation communities have been mapped as DCSS by M&A. These areas are dominated by coyote bmsh with very little 6967 DUDEK 18 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan understory; however, in more mesic portions of the study area bristly ox-tongue (Picris echioides) and westem poison oak can be found. 2.4.8 Disturbed Habitat Areas mapped as Disturbed Habitat (DH) on site follow the MHCP definitions for disturbed habitat. Per this definition, vegetative cover comprises less than 10% of the surface area and there is evidence of soil surface disturbance and compaction (i.e., grading). Some areas may exceed 10% vegetative cover; however, there is soil disturbance and the presence of debris. Disturbed habitat is mapped for the numerous walking/bike trails located outside of ACOE and CDFG jurisdiction wetland areas and for the non-native annual weed dominated slopes located in the northeast comer of the Preserve site. 2,5 Sensitive Biological Resources Sensitive biological resources are those defined as follows: (1) species that have been given special recognition by federal, state, or local conservation agencies and organizations due to limited, declining, or threatened population sizes; (2) species and habitat types recognized by local and regional resource agencies as sensitive; (3) habitat areas or vegetation communities that are unique, are of relatively limited distribution, or are of particular value to wildlife; and (4) wildlife corridors and habitat linkages. Regulated biological resources may or may not be considered sensitive, but are regulated under local, state, and/or federal laws. 2.5.1 Sensitive Plant Species An analysis of sensitive flora for the Lake Calavera Preserve is provided in the Lake Calavera Trails Biology Resources Report (Merkei and Associates 2009). According to this report. Spiny msh (Juncus acutus spp. leopoldii) (CNPS List 4.2)(CNPS, 2001) was identified within the wetland vegetation communities proposed for the boardwalk trail project. 2.5.2 Sensitive Wildlife Species Surveys for sensitive wildlife were conducted by Merkei and with information provided in the Lake Calavera Trails Biology Resources Report (Merkei and Associates 2009). According to this report, 13 sensitive fauna species were detected within the Lake Calaveras Preserve Site, they include the westem spadefoot (Scaphiopus hammondii), monarch (Danaus plexippus) , white- tailed kite (Elanus leucurus), northem harrier (Circus cyaneus), sharp-shinned hawk (Accipiter striatus). Cooper's hawk (Accipiter cooperii), Nuttall's woodpecker (Picoides nuttallii), loggerhead shrike (Lanius ludovicianus), coastal Califomia gnatcateher (Polioptila californica californica), Califomia thrasher (Toxostoma redivivum), yellow warbler (Dendroica petechia 6967 DUDEK 19 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan brewsteri), yellow-breasted chat (Icteria virens), and tricolored blackbird (Agelaius tricolor). Although no nests were observed during the surveys, it is possible for the raptor species to nest on-site within southem coast live oak riparian forest or southem willow scmb. No least Bell's vireos and no southwestem willow flycatchers were detected on the project site during the focused surveys. Brown-headed cowbirds (Molothrus ater) were detected within the northeastem portion of the Preserve. Tricolored blackbirds were also detected within the northeastem portion of the study area. 2.5.3 Wildlife Linkages and Corridors An analysis of habitat linkages and corridors for the Lake Calavera Preserve is provided in the Lake Calavera Trails Biology Resources Report (Merkei and Associates 2009). According to this report, the Lake Calavera Preserve has been identified in the within the Local Facilities Management Zone (LFMZ) 14 (City Adopted 2004). This zone includes Core 3 (approximately 1,163 acres), which contains large areas of coastal sage scmb that support critical populations of the threatened coastal Califomia gnatcateher and thread-leaved brodiaea. Other sensitive habitats within Core 3 include chaparral, grasslands, and wetland communities. Core 3 has direct linkages to other Core areas including Core 2, Core 4, and Core 5. Downstream of the reservoir, Linkage Area B connects Core 3 to Core 4 (i.e., Agua Hedionda Lagoon and environs). The Lake Calavera Preserve retains some connectivity between Agua Hedionda Lagoon and Robertson Ranch. El Camino Real, a heavily trafficked highway, separates the back lagoon riparian habitat from Robertson Ranch. In addition, the expansion of College Boulevard has slightly intermpted this corridor. Moreover, habitat north of the El Camino Real now consists of a palm nursery and the agricultural lands of Robertson Ranch. This connection northward is, therefore, tenuous at present, but does not preclude future enhancement, insofar as urban hardscape (other than the road) is not in place. The Lake Calavera Trails study area functions as a wildlife corridor supporting movement of individuals (and thus genetic material) from within Core 3 to adjacent Core areas westward and vice versa. 2.5.4 Sensitive Vegetation Communities and Habitats An analysis of Sensitive Vegetation and on site is provided in the Lake Calavera Trails Biology Resources Report (Merkei and Associates 2009). A summary of this information is provided below. 6967 DUDEK 20 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan 2.5.4.1 Wetlands Wetland habitat types have extremely high wildlife values, are naturally limited in distribution, and also have been substantially depleted within southem Califomia. Numerous species, including several sensitive species, are dependent on these habitats for food, cover, and breeding, and several additional species, although not dependent on these habitats, utilize these areas on a regular basis. The on-site wetlands are considered sensitive due to their high quality habitat, which support many common and sensitive riparian wildlife. 2.5.4.3 Jurisdictional Waters Details of the jurisdictional wetland delineation performed by M&A, including survey dates and times is provided in the Lake Calavera Trails Biology Resources Report (M&A, 2009). According to this report, the jurisdictional wetland delineation was performed using the routine on-site determination methods noted in the 1987 Army Corps of Engineers' (ACOE) Wetland Delineation Manual (Environmental Laboratory 1987). In addition, the delineation effort was expanded to identify wetlands/non-wetland waters of the U.S. and streambeds under federal and state jurisdiction, respectively. Evidence supporting jurisdictional determinations was recorded on wetland field data forms and depicted in photographs of the data points. Wetland habitats and jurisdictional waterways were plotted on an aerial map (with topographical overlay) of the study area. 2,6 Project Impacts The constmction footprint of the proposed boardwalk, including the temporary impacts associated with installation, was carefully evaluated by M&A (2009) and Dudek (2011) to minimize impacts to biological resources within the Lake Calavera Preserve. The proposed boardwalk footprint was carefully aligned with the existing informal trail present on site. The selected alignment was chosen to minimize impacts to jurisdictional aquatic resources by avoiding existing mature willow, ponding and standing water (as practicable) and mature spiny msh (CNPS List 4.2) plants. Installation of an elevated boardwalk as a trail improvement will promote the natural flow pattems of seasonal wetland flooding below the boardwalk and eliminate impacts to the current wetland substrate; including trampling of herbaceous vegetation, compacting of surface soils and generating sediment from foot and bicycle traffic. The proposed trail alignment also minimizes impacts to sensitive upland vegetation communities by utilizing the existing pathway (disturbed habitat) to the greatest degree possible. Although impacts to sensitive resources were minimized by access route selection and modifications, some impacts to jurisdictional aquatic resources were unavoidable and are described in detail below and depicted in Table 1 and Figures 3A, 3B and 3C. 6967 DUDEK 21 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan Impacts to sensitive vegetation communities from implementation of the boardwalk are considered significant per the City's HMP and would require that project mitigation measures be implemented to reduce impacts to a level below significant and achieve a no net loss of wetlands functions and services. Minor impacts to the special status, spiny msh plants are not considered significant, as spiny msh populations in San Diego County are now relatively stable. Furthermore, spiny msh planting has been included as part of the planting palette within this CWMMP. 2.6.1 impacts to Upland Vegetation Communities and Land Covers Impacts to disturbed habitat is considered significant per the City's HMP and require project mitigation measures be implemented to reduce impacts to a level below significant. Impacts to upland vegetation communities and land covers form this project are very minor and include 0.016 acre of permanent impacts and 0.003 acres of temporary impacts, for a total of 0.019 acre, as shown in Table 1. As discussed previously, the boardwalk constmction zone includes a 6-foot permanent impact and a 2-foot temporary impact zone on the outer I-foot of either side of the boardwalk. The temporary impact zone will be revegetated/restored in-kind and is discussed further below. Table 1 Impacts to Upland Vegetation Communities and Land Covers (Acres) " "iii^^#''' 1 i4UNlllBln ' Disturbed Habitat DH 0.016 0.003 0.019 2.6.2 Impacts to Jurisdictional Aquatic Resources Impacts to jurisdictional aquatic resources from the boardwalk project are shown in Table 2. This includes permanent and temporary impacts to resources under the jurisdiction of the County, ACOE, CDFG, and RWQCB. impacts to jurisdictional wetlands and non-wetland waters of the U.S,/streambed are significant per the City's HMP and will require that project mitigation measures be implemented to reduce impacts to a level below significant and achieve a no net loss of wetlands functions and services. Combined jurisdictional impacts include 0.l5-acre of permanent and O.lO-acre of temporary impact to ACOE and CDFG jurisdictional wetlands, totaling 0.25-acre of impacts. Permanent impacts will occur from the boardwalk's 6-foot permanent impact zone and temporary impacts shall occur from the 2-foot temporary impact zone on the outer I-foot on either side of the boardwalk to allow for constmction access. The temporary impact zone will be restored in-kind and is discussed below. Permanent and temporary impacts specific to wetland vegetation types and land covers is included in Table 2. _ , , _ , - 6967 DUDEK 22 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan Table 2 Impacts to ACOE and CDFG Jurisdictional Wetland Vegetation Communities and Land Covers and CDFG Jurisdictional Waters (Acres) (Revised 6/26/12 per ACOE impacts assessment) VegetatioiiGomnwiiEy MapCode PiBrmaiiat Tolal Southern Willow Scrub (ACOE/CDFG) SWS 0.06 0.02 0.08 Freshwater marsh (ACOE/CDFG) FWM 0.03 0.03 0.06 Southern Coast Live Oak Riparian Forest (ACOE/CDFG) SCLORF 0.001 0.001 0.002 Total 0.10 0.06 0.16 Drainaae fCDFG onlvl <0.001 <0.001 <0.001 Southern Coast Live Oak Riparian Forest (CDFG only) SCLORF 0.049 0.039 0.088 Total 0.05 0,04 0.09 2.6.3 Sensitive Species Direct impacts Approximately 10 spiny msh plants would be directly impacted from the Lake Calavera Trails project. Spiny msh populations in San Diego County are now relatively stable despite several decades of losses associated with widespread regional reductions in wetlands. The direct impacts to spiny rush, a Califomia Special Plant, are not considered significant as the loss of these plants is not expected to threaten to eliminate a plant community and thus would not require project mifigation measures. However, the City has agreed to include container plants of spiny rush within the wetland mitigation planting plan (M&A, 2009). 2.7 2.7.1 Biological Functions and Values of Areas to be Impacted Functions and Services of Junsdictional Aquatic Resources Jurisdictional wetland communities that will be impacted by the project are within the Lake Calavera Preserve. Therefore, their functions and services are consistent with the functions and services ofthe habitat within the overall preserve, which are generally to provide habitat to plant and wildlife species. The functions and services of jurisdictional wetland communities on site generally include the fiinctions and services typical of natural vegetated wetland and riparian communities, such as dissipation of energy, cycling of nutrients, uptake of elements and compounds, retention of particulates, export of organic carbon, and maintenance of plant and animal communities (e.g., nesfing, feeding, and breeding opportunities for various aquatic, terrestrial, and avian animals), hnpacts to southem willow scmb wiil occur to the outer fringe of the willow canopy along the riparian corridor, and will include primarily impacts to the understory vegetation. DUDEK 23 6967 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan The riparian vegetation and marsh, habitats contribute to the site's high biological functions and •services. The riparian vegetation, particularly the southem willow scmb, consists of moderately dense vegetation that provides a multi-layer canopy, which supports many common riparian birds, such as yellow-mmped warbler (Dendroica coronata), song sparrow (Melospiza melodia), lesser goldfinch (Carduelis psaltria), common yellowthroat (Geothlypis trichas). The on-site wetlands do support several sensitive riparian birds such as the yellow warbler, yellow-breasted chat, and various raptors. Additionally, the smaller ponding areas and abundance of leaf litter beneath the larger stands of willows are expected to provide breeding habitat for various common amphibian species including the Pacific choms frog (Pseudacris regilla) and westem toad (Bufo boreas). The marsh and open water habitats also contribute to the site's high wildlife diversity and abundance by supporting numerous wildlife species (M&A, 2009). The disturbed southem willow scmb, disturbed freshwater marsh and disturbed wetland include the informal trails and pathways established over time from recreational user groups located in jurisdictional wetlands. These areas provide very limited functions to plants and wildlife. The functions that they may provide for wildlife are for dispersal routes and migration corridors. Soil impacts include compaction and increased erosion due to recreational traffic. Soil compaction reduces available water holding capacity, infiltration and soil permeability, which increases mnoff It can also impede root growth and soil biological activity. Erosion can cause the loss of topsoil and downstream sedimentation. Open water exists in the perennial creek, and seasonal ponds and depressions. It provides wildlife function to aquatic species and waterfowl for foraging and nesting. The open water also provides a drinking source for wildlife. Hydrologic functions include long-term surface water storage, subsurface water storage, retention of sediment and organic particulates and moderation of groundwater flow or discharge. The impacts that will occur to the area mapped as freshwater marsh, and include open water. These areas will be marginally affected. The proposed boardwalk will be elevated above existing open water and allow for the natural movement of flowing water through the project area. Ponded and flowing open water will remain and continue to provide functions and for aquatic species and waterfowl. Thus, the functions of the open water will not be lost. Enhancement of the trail system through constmction of the boardwalk will allow human user groups to enjoy the benefits of the existing ecosystem without the dangers and hazards of the current unimproved conditions of the trail system. Enhancing the trail will also provide increased access opportunities for trail users to learn more about wetlands and their value through the installation of interpretive panel educating trail users along the route. 6967 DUDEK 24 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan 2.8 Required Mitigation for the Boardwalk Trail Project Impacts (Determination of Credits) The applied mifigation ratios for impacts to vegetafion types inciuding permanent and temporary impacts resulting from the constmction of the boardwalk, which is part of the proposed trail system, are consistent with Table 11 ofthe City's HMP (Adopted 2004) and are shown in Table 3. Mitigation for wetland habitats have been provided, per the requirements ofthe HMP, but are subject to review under section 404 of the federal Clean Water Act and Section 1600 ofthe Califomia Fish and Game Code. The HMP allows for impacts to DCSS and disturbed habitat to mitigate out-of-kind within the Calavera Preserve, in order to promote building the preserve system into a larger, contiguous area. As required of the City's HMP (Adopted 2004), analysis of proposed impacts to wetlands consisted of a three-step process. The first step involved determining whether the impacts are avoidable or unavoidable. Secondly, for unavoidable impacts, the allowable amount of encroachment was determined. The final step involved determining the mitigafion for unavoidable impacts. Tables Impacts to ACOE/CDFG Jurisdictional Aquatic Resource/ Uplands and Required Mitigation (Revised 6/26/12 per ACOE impacts assessment) ^^^^ ' •• WiBlKi&r Miirimijiii ffiiiHi '(^^^ ^^^^ P r '(^^^ ACOE Wetiands 1 CDFG Wetlands Southern Willow Scrub (ACOE wetland/ CDFG) 0.06 0,02 3:1 1:1 0.18 0.02 Freshwater marsh {ACOE wetland/ CDFG) 0.03 0.03 2:1 1:1 0.06 0.03 Southern Coast Live Oak Riparian Forest (ACOE wetland/ CDFG) 0.001 0.001 3:1 1:1 0.003 0.001 Open Water (ACOE non-wetland/CDFG) 0.008 (12 LF) 0.008 2:1 1:1 0.016^ 0.008^ Subtotal 0.70 0.06 0.26 0.06 DUDEK 25 6967 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan Tables Impacts to ACOE/CDFG Jurisdictional Aquatic Resource/ Uplands and Required Mitigation (Revised 6/26/12 per ACOE impacts assessment) Coffiinuntty impaos Mfti^ltion Ratio Coffiinuntty P T P r CDFG Wetlands Only Drainage (CDFG only) <0,001 <0.001 1.5:1 ... <0.00152 ... Southem Coast Live Oak Riparian Forest (CDFG only) 0.049 0.039 3:1 1:1 0.147 0.039 Subtotal 0.05 0.04 0.148 0.039 Total Wetlands (Acoe/CDFG & CDFG Only) 0,15 0.10 0.408 0,099 Uplands Disturbed Habitat 0.016 0.003 1:1 — <0.0013 0.0033 ' Mitigation for Permanent impacts requires a minimum of 1:1 wetland creation 2 Permanent impacts to Non-we«and WOUS will be mitigated through wetland creation 3 Permanent and temporary impacts to Disturbed Habitat will be mitigated though DCSS restoration * Mitigation for impacts to open water will be provided through freshwater marsh creation and enhancement DUDEK 26 6967 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan 3.0 GOALS AND OBJECTIVES OF THE MITIGATION PROGRAM The goals of the mitigation program are to: • Satisfy the mitigation requirements of local, state, and federal agencies for impacts to jurisdictional aquatic resources through the creation of ACOE and CDFG jurisdictional wetlands and the restoration (enhancement) of functions and services in currently degraded wetland systems. • Restore habitat functions to disturbed or degraded upland vegetation communities and increase the functions and values of existing land covers through conversion to viable native upland habitat resilient to exotic invasion. • To provide an adequate upland buffer (30') for created wetlands at the interface with urban or disturbed areas. • Remove all non-native, exotic/invasive weed species considered to be highly invasive on the Cal-IPC "Invasive Plant hiventory" lists A and B (2006). • Prevent any impacts to sensitive wildlife species during implementation of the project constmction and long-term maintenance activities. • Utilize erosion control measures in the form of "Best Management Practices" (BMPs) on the site as conditions necessitate. Project objectives are included in Sections 3.1-3.3 3.1 Biological Functions and Services to be Created and Enhanced The restoration plan focuses on increasing the functions and services of the project site through the increasing the functional wetland area through creation of additional wetlands and increasing the functional value of existing degraded jurisdictional wetland area through enhancement. Wetland creation will include expanding the riparian corridor and active floodplain footprint of the existing tributary (Calavera Creek). Initial assessment indicates that the proposed plan will increase wetland functions in the floodplain in locations where it currently does not exist. The proposed creation area is currently elevated approximately 3-4 feet above the active floodplain with no wetland hydrology (non-jurisdictional ACOE/CDFG wetland) currently present. Based on the proposed design, the excavation/grading of the area and the addition of surface hydraulic inlet/outlet connections from the adjacent wetland (FWM) to the creation area will facilitate a localized increase of floodwater storage. Hydrologic functions, including long-term surface water storage and energy dissipation, are projected to improve from the introduction of seasonal inundation and increased proximity to the groundwater table, as well as the addition of native wetland and transitional wetland vegetation. Dynamic surface water storage and sub-surface 6967 DUDEK 27 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan water storage are projected to have a slight increase due to the expanded floodplain area that will receive prolonged saturation and be available for water percolation. For both the wetland creation and enhancement areas, biogeochemical functions including nutrient cycling, removal of imported elements/compounds, and retention of sediment and organic particulates are all projected to improve due to an increased density of woody plant materials, improved on-site micro-topographic complexity, and accelerated primary productivity resulting from installation trees, shmbs, and herbaceous vegetation, as well as expansion of the freshwater marsh vegetation component. The mitigation sites will provide additional potential for bio-filtration of nutrients and associated constituents on site. Vegetative functions including maintenance of community type and detrital biomass, both of which are currently absent wetland fimctions in the creation areas and severely degraded in the restoration areas, will be created as species composition increases, as trees and shmbs dominate more of the total vegetative cover and as natural regeneration of woody plants improves (over time, with seed from plantings and upstream propagules). An establishment of an upland DCSS buffer adjacent to the wetland creation area will protect the wetland creation area from the invasion of non-native weed seed and viable propagules. Maintenance of distribution and abundance of invertebrates and vertebrates are both projected to increase; additional habitat will be created on site for aquatic invertebrates, and additional plant species and resulting leaf-litter biomass will provide enhanced habitats for terrestrial invertebrates. It is also projected that the trophic interactions of vertebrate guilds and species now absent on site will increase with the additional inputs of biomass, seasonal variation of plant materials, improved vertical stratification of vegetation on site, and increased habitat for invertebrates. 3,2 Objectives - Vegetation Communities to be Created and Enhanced Vegetation communities that will be created and enhanced on site include southern willow scmb, freshwater marsh, southem coast live oak riparian forest and Diegan coastal sage scrub. A total of 0.51 acres of combined ACOE/CDFG and CDFG-only jurisdictional wetland will be created or enhanced with an additional 0.05 acres of DCSS created to serve as an additional buffer to the created wetland mitigation area in the northeastern portion of the site (Table 4 and Figures 4A, 4B and 4C). Restoration will be implemented to increase the functions and values (i.e., services) of existing degraded ACOE/CDFG and CDFG wetland vegetafion communities including FWM, SWS, SCLORF, DCSS and DW. Degraded wetland vegetation communities currently include areas currently degraded from unregulated trail use through the existing wetland and areas dominated by non-native annual weeds and perennial exotic vegetation. Additionally, areas temporarily impacted during boardwalk constmction will also be restored in place. 6967 DUDEK 28 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan Table 4 Project Impacts and Proposed Mitigation (Revised 6/26/12 per ACOE impacts assessment) VbgalatiQR Commoni^ Ran tion » Proposed HUMsiyoii (For Permanent ImpiRt^ 1T»II ItlTi 1 ' fn.:'-.. iffBllEll Tout VbgalatiQR Commoni^ P r P r Creation^ RestaatiaV Enhancem&Tt^ Total 1T»II ItlTi 1 ' fn.:'-.. iffBllEll Tout ACOE Wetlands/CDFG Wetlands Southern Willow Scrub (ACOE/CDFG) 0.06 0.02 3:1 1:1 0.11 ac, (N.E. Comer) 0.069 ac, (Trail/En han) 0,18 ac. 0,02 0.20 Freshwater marsh (ACOE/CDFG) 0.03 0.03 2:1 1:1 0,06 ac. (N.E, Comer) 0.012 ac, (Trail/Enhan) 0,07 ac. 0,03 0,10 Southern Coast Live Oak Riparian Forest (ACOE/CDFG) 0.001 0,001 3:1 1:1 0,12 ac, (N.E. Comer) 0.040 ac, (Trail/Enhan) 0,16 ac. 0,001 0.161 Open Water (ACOE non-Wetland/ CDFG) 0.008 0.008 2:1 1:1 Part of FWM above. Part of FWM above. Part of FWM above. 0.008 0.008 Subtotal 0,70 0.06 --0.29 0,12 0.47 0.06 0,47 CDFG Wetlands Only Drainage (CDFG only) <0.001 <0,00 1 1,5:1 1:1 Part of SWS above. Part of SWS above. Part of SWS above. <0.001 0.001 Southern Coast Live Oak Riparian Forest {CDFG only) 0.049 0,039 3:1 1:1 Part of SCLORF above. Part of SCLORF above. Part of SCLORF above. 0,039 0,039 Subtotal 0.05 0.04 --See above See above See above 0.04 0.04 Grand Total Wetlands (ACOE/CDFG and CDFG Only) 0.15 0.10 0.29 0,12 0.41 0.10 0.51 Uplands Disturbed Habitat 0.016 0.003 1 1:1 -0,05 restoration ^ 0,003 0,05 ' Mitigation for Permanent impacts requires a minimum of 1:1 wetland creation and 2:1 wetland enhancement 2 Permanent impacts to CDFG Wetlands only will be mitigated through wetland creation and enhancement ^ Permanent and temporary impacts to Disturbed Habitat will be mitigated for though DCSS restoration in north/east corner at higher ratio Wetland creation will consist of grading and planting areas of currently existing non- jurisdictional upland disturbed habitat to wetland habitat. These areas include an area adjacent to the proposed eastem boardwalk terminus and the lower slope in the northeast comer of the Preserve. Both creation areas are directly adjacent to ACOE/CDFG jurisdictional FWM DUDEK 29 6967 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan vegetation communities and are expected to receive seasonal floodwater inundation. Vegetation communities proposed for these areas include FWM, SWS and SCLORF. An approximate 20- foot wide upland buffer zone will be included adjacent to the northeastem wetland creation areas to serve to protect the integrity of the restoration efforts, including improved wildlife values and to help eliminate the invasion of weeds and perennial exotics in this area. This buffer will also serve to help mitigate for losses to upland habitat on site. The evaluation of the success of creating, restoring and enhancing viable native wetland and upland habitat, as described in this CWMMP, will be based on achievement of specific performance criteria, derived from established reference data collected from viable existing reference vegetation communities within the Preserve. 3.3 Final Performance Standards The final success criteria outlined herein will be used to determine completion of the City's mitigation responsibilities. Success criteria has been developed based on the requirements of the Guidelines for Habitat Creation and Restoration (City of Carlsbad, 2009) including comparison to local reference sites that match the selected restoration site in terms of soil, slope, aspect and vegetation community. Fulfillment of these criteria will demonstrate that the mitigation site has become established and self-sustaining, and that the desired habitat functions and values (i.e., services) are being achieved which will fulfill the long-term goals of the mitigation effort. See Section 6.1 for specific performance standards addressing vegetative cover goals that are intended to guide the restoration efforts, such that final project success is achieved. 6967 DUDEK 30 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan 3 INTENTIONALLY LEFT BLANK DUDEK Preserve Boundary Restoration Areas VEGCODE. VEGTYPE Coyole Bmsh Sa, Diegan Coastal Sage Scmb/Roveg Ocss, Diegan Coastal Sage Scrub Dcss/ieveg. Diegan Caaslal Saga Saub/Reveg cam, Cismontane Ahali Marsh cc, Chamise Chaparral do*. Coast Uve Oak Woodland cscs, Coastal Sage-Chaparral Sciub dDcss, Disiurt)ed Diegan Coastal Sage Scrub dcss, Coyole Brush Scrub dfwm. Dislurtied Coastal and Valley Freshwater Marsh dhab, Disturbed Habttai dsclorf, Disturbed Southern Coast Live Oak Riparian Forest ACOE/CDFG Jurisdictional Habitat CDFG Jurisdictional Habitat dsws, Dislurbed Southern WlBow Sciub dw#eL Disturbed WeKand fwm. Coastal and Valley Freshwater Marsh mfs, Mule Fat Scrub nng, Non-native Grassland nnv, Non-native Vegetation ow. Open Water sclorf, Southem Coasi Live Oak Riparian Forest smc. Southern Mixed Chaparral svrs, Southern WiHow Scrub urdev, Urban/Developed vng. Dislurbed Valley Needlegrass GrasslarKl DUDEK AfUIAI WIIBCfiayolCHlMda RGURE4B Proposed Wetlands and Uplands Mitigation - East Portion Lake Calavera Tilals Master Plan BoardAalh Improvemeni Projecl - Final Welland Habilal Millgalton and Monitor»ig Plan o Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan INTENTIONALLY LEFT BLANK DUDEK Preserve Boundary I Restoration Areas VEGCODE. VEGTYPE Coyole Brush Scr, Diegan Coastal Sage Scrub/Reveg Dcss, Diegan Coastal Sage Scrub Dcss/reveg, Diegan Coastal Sage Scrub/Reveg cam, Cismonlane Alkali Marsh cc, Chamise Chaparral dow, Coasi Uve Woodland cscs. Coastal Sage-Chaparral Scrub dDcss, Dislurbed Diegan Coastal Sage Saub dcss. Coyole Brush Scrub dfwm. Disturbed Coastal and Valley Frostiwater Marsh dhab. Disturbed Habitat dsdorf, Dislurbed Southem Coast Live Oak Riparian Forest ACOE/CDFG Jurisdictional Habitat CDFG Jurisdictional Habitat dsws. Disturbed Southern Wiltow Scrub dwet. Dlstuit>ed Wetland fwm, Coastal and VaHey Freshwater Marsh mfs. Mule Fai Scrub nng, Non-native Grassland nnv. Non-native Vegelalion ow, Open Water sdoff, Southem Coast Uve Oak Riparian Forest smc, Southern Mixed Chaparral SWS, Southern Wilow Scrub urdev, Urban/Devetoped vng, Disturt>ed Valley Needlegrass Grassland Wetlands Creation Wetlands Enhancement Wetlands Restoration DCSS Upland Restoration (DCSS Seeding) Existing Ubiity Easement Revegetation (DCSS Seeding) TREATMENT TYPE DUDEK fRlAl SOURCf ClyolCactstMd FIGURfc4C Proposed Wetlands and Uplands Mitigation - Northeast Comer Lake Calavera Trials Master Plan Boanlwalk Improvement Project - Fr\M Wetland Habitat Mitigation and Monitoring Plan Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan INTENTIONALLY LEFT BLANK DUDEK Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan 4.0 RESTORATION IMPLEMENTATION PLAN (WORK PLAN) The restoration/revegetation program shall be implemented per the final construction documents, (i.e., Construction Plans for Lake Calavera Boardwalk Trail and Restoration, Dudek June 2012) included for reference in Appendix C. The Implementation Plan includes the following: Vegetation removal and grubbing prior to grading and construction. Exotic/invasive species removals from proposed mitigation/revegetation areas. Grading to elevations compatible with the flow gradient of Calavera Creek, Applying mulch or other amendments (as necessary to address soil deficiencies) and incorporating into topsoil. Installing temporary irrigation system (for wetland creation area and buffer zone area only). Weed control through weed reduction (i.e., grow-and-kill) cycles. Installing native container plants. Applying native seed mix, Implementing a 5-year maintenance and monitoring period. 4.1 Rationale for Expecting Project Success (Site Selection) The wetlands creation areas will be graded to receive overbank flow and flood inundation from Calavera Creek. Creation area grading will be set to the adjacent ACOE/CDFG jurisdictional gradient to allow for normal flood inundation through the reach of Calavera Creek (Figure 5). Wetland creation, restoration and enhancement is proposed for the vegetation communities that existed prior to temporary impacts or exist directly adjacent to viable native habitat. Thus, it is assumed that the appropriate conditions will be present for re-establishing the same habitats. Creation, restoration and enhancement areas will be planted with species found in adjacent vegetation communities observed successfully growing on site. With the use of plant species adapted to the site conditions, probability of project success is increased. The natural tendency of native wetland vegetation to recruit into open areas with sufficient soil moisture, combined with container plant installation and a native seed mix application, is expected to result in a significant expansion of native wetland vegetation is all of the project areas. Exotic/invasive species and weed control measures will be implemented for 5 years after the initial mitigation/revegetation installation, or until the ultimate success criteria have been achieved in 6967 DUDEK 37 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan accordance with the Guidelines for Habitat Creation and Restoration (City of Carlsbad, 2009) and this HMMP. Remedial actions and/or adaptive management measures may be required to promote project success. The suppression of exotic/invasive species and weed growth and their reduction over the extended maintenance period will allow establishing native vegetation to become dominant over the non-native plant species throughout the project site. The newly established vegetation will have a positive effect on many aspects of the biological and hydrological functions and values including, sediment entrainment, moderation of flow velocities, carbon storage, shade that will suppress non-native seedling recruitment and moderate water runoff temperatures, and enhancement of wildlife resources. Trash and debris removal will occur as part of the maintenance regime during the maintenance and monitoring period. 4.2 Existing Resource Impact Avoidance Per the City's HMP, the use of heavy equipment, equipment that produces noise greater than 60 decibels, equipment that produces a large amount of dust, and removal of trees shall be conducted outside of the raptor and migratory bird breeding season (February 15-September 15) with no vegetation clearing allowed within occupied coastal Califomia gnatcateher habitat within the breeding season (March 1 and August 15). If this schedule cannot be met, it is recommended that a qualified biologist inspect the trees for nests prior to construction or non-routine maintenance. If an active nest is found, no impacts shall be allowed within 500 for all listed species and 300 feet for non-listed species until all young have fledged. Project construction and maintenance shall comply with the HMP Section F, Preserve Management, and specifically the Recreation and Public Access guidelines contained therein on pages F-ll-F-14. 4.3 Site Access and Protection Public access is allowed within the Preserve, and it is anticipated that pedestrians will be passing near the area regularly. For the duration of boardwalk and mitigation installation, it is anticipated that all trails in the immediate area under construction, will be closed until boardwalk and mitigation installation is complete. Temporary trail closure signage will be provided and installed by the City of Carlsbad, and/or their designated Preserve Manager. The limits of the mitigation/restoration areas will be delineated with temporary orange construction fencing and signage to protect the sites during the plant establishment period. The Restoration Ecologist shall inspect all construction fencing prior to construction to avoid unauthorized impacts. This temporary fencing will remain in place and be maintained by the Habitat Restoration Contractor through the first growing season, and longer if necessary as recommended by the Restoration Ecologist. 6967 DUDEK 38 August 2012 20' Buffer 25'Wetland Existing Grade Existing Wetland Creation Proposed Graded Wetlands Existing FWM Existing SWS Northeastern Creation Area (Not to Scale) Trail Existing DH Proposed Graded Wetlands Wetland Creation Existing FWM Existing, SCLORF Trail Creation Area (Not to Scale) DUDEK FIGURE 5 Wetland Creation Areas - Cross-Sections 6967-01 AUGUST 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project - Final Wetland Habitat Mitigation and Monitoring Plan Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan INTENTIONALLY LEFT BLANK 6967 DUDEK 40 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan 4.4 Erosion Control and Best Management Practices To minimize the potential for loss of soils from the sites during construction and the plant establishment period, silt fences, fiber rolls, and construction fencing may be incorporated into the best management practices (BMPs) based on the Storm Water Pollution Prevention Plan (SWPPP) and Restorafion Ecologist's recommendations. Construction BMP's would be implemented according to Appendix B of the Final MHCP Subarea Plan, Volume IL Project fencing and BMPs affected/lost due to storm flow events will be replaced, modified, or not replaced at the discretion of the Restoration Ecologist. 4.5 Grading and Site Preparation Site grading will be conducted in the areas designated as wetland creation only. Grading will lower the elevation of existing disturbed habitat (upland) adjacent the existing ACOE/CDFG jurisdictional wetland, establish inlet and outlet elevations and establish appropriate flow gradients across the site. Creation topography shall be established based on reference spot elevations collected in the adjacent ACOE/CDFG jurisdictional wetland areas to ensure correct elevations. Elevations and transitional gradients will be established to accept flood inundation from Calavera Creek and promoting creek flushing and limiting excessive ponding, which may lead to hyper-saline conditions. The wetland creation sites will be graded down per project plans and specifications, in order to access groundwater for planted vegetation, as well as to create the target hydrologic regime. The site will be graded to allow seasonal inundation. It is anticipated that the predominant hydrology established on site will be through established secondary charmels and through the expansion of the active flood zone. No import soil is anticipated to be necessary for implementation of the restoration plan. Most of the soil removed to create the jurisdictional wetlands will be used on site to fill in eroded areas, elevate the adjacent trail in upland areas, and/or it will be exported to an approved off-site disposal area. Grading will be accomplished to create the optimum conditions for wetland hydrology and wetlands vegetation community development. The Restoration Ecologist will observe rough and final grades to assess whether the grading complies with the intent of the project design and are adequate to support the target vegetation for the area. The Restoration Ecologist will periodically monitor the site preparation and grading procedures to verify that they stay within the established limits, minimize impacts to existing wetlands and native vegetation, and comply with any applicable resource agency permit conditions. 6967 DUDEK 41 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan Excessive soil compaction and/or limited soil fertility may require areas to be mechanically prepared (i.e., ripped and tilled), primarily in areas impacted from recreational traffic. Treatment may require portions of the restoration and compaction areas to be mechanically cross ripped to a depth of between 3 and 6 inches. All compacted trail areas underlying the proposed boardwalk footprint (i.e. permanent impact areas, will be ripped/tilled to help fill in eroded areas and to assist with natural plant recruitment under the boardwalk where possible. Graded areas shall be cross-ripped to allow for application of soil amendments. Soil fertility deficiencies may require the ripped soil to be treated with the appropriate soil amendments as recommended by soils analysis. Following grading and site preparation/soil manipulation, the surface of the soil shall be fme graded to best facilitate the seed application and mimic the adjacent natural upland topography. Soil samples shall be collected from all creation, restoration and enhancement areas (maximum 3) and submitted for soil analysis to an approved soil laboratory for soil fertility and agricultural suitability analysis. Soil amendments or fertilizers may be incorporated into the soil, container plant backfill mix or hydroseed slurry mix, based on the results of the laboratory analysis and per the Restoration Ecologist's final recommendations. 4.6 Hydrology Wetland creation is dependent on establishing an appropriate site hydrology. This will be achieved by excavating the areas dovm to an elevation that will allow the seasonally high stream flows and flood inundation from the slow moving Calavera Creek to enter into the creation areas. To support the establishment of wetland vegetation communities, a hydraulic surface inlet and outlet will be created to provide opportunity for seasonal inundation to flood the northeastem creation site and the grade will be uniformly lowered at the central creation site to accept flood flow inundation during high water conditions (Figure 5). Excavation within the site is expected to ensure that the entire mitigation site will have sub- surface groundwater or capillary fringe soil moisture present within the root zone of the plants in all vegetation community types. A suitable gradient across the length of northeastem creation area will allow flow through the site and back into the main, existing creek channel. 4.7 Irrigation System Installation Due to the unpredictable nature of southern Califomia rainy seasons, and to facilitate plant establishment, supplemental irrigation and/or hand watering will be required for the wetland creation and enhancement areas. A temporary irrigation system is recommended for the northeastem wetland creation site and associated upland buffer zone planting area. Hand _ , , — ,6967 DUDCK 42 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan watering is required for all restoration and enhancement areas along the constructed boardwalk and adjacent to the upstream trail. Supplemental irrigation and hand watering will only be used during plant establishment, as the goal of the restoration effort is to create native, self-sustaining plant communities that can survive on their own over the long term. Irrigation and hand watering scheduling will be set to promote deep rooting of plant materials, with infrequent, long-duration cycles. The irrigation system for the northeastem wetland creation area and upland buffer zone will be designed with above-ground components to facilitate removal once the system is decommissioned. The system shall remain in place until the vegetation is established and can survive without supplemental water. The irrigation system will utilize potable water at a local point of connection. The irrigation system will consist of PVC pipe staked on grade at approximately 10 feet on-center and at all comers, providing 100 percent coverage of the northeastem creation area using spray and/or rotor heads where appropriate. Check valves will be installed to eliminate low-head drainage where necessary. All irrigation will be installed by the Habitat Restoration Contractor and per the final revegetation constmction documents. All irrigation components shall be removed from the site prior to the end of the five-year period and prior to receiving mitigation sign-off by the ACOE. Due to limited access and limited water sources within the Preserve, hand watering is recommended for the restoration and enhancement areas located immediately adjacent to Boardwalk constmction. The Habitat Restoration Contractor shall be responsible for hand watering all container plants installed in these areas until adequately established. It is anticipated that the high water table and extended periods of soil saturation will facilitate successful establishment of planted container plants and seed with limited supplemental watering. 4.8 Recommended Plant Palettes A total of four vegetation communities will be established on site: SWS, FWM, SCLORF and DCSS. In general, FWM will be located in areas expecting to be frequently inundated and with soils saturated the majority of the year. SWS will be located in areas that are expected to have appropriate and frequent inundation with seasonal saturated soils. SCLORF species will expect infrequent inundation with the water table close to the surface, with a slight increase m elevation above SWS. It will be created through the addition of community-specific species such as sycamores and coast live oaks. The species selected for the each planting palette include those that are typical for the vegetation community or have been observed within that habitat on site. After site grading, and irrigation system installation, the planting areas will be prepared and revegetated with the intended native species. Proposed planting palettes are shown in Tables 6967 DUDEK 43 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan 5-9. All container plants, live stakes, and seed shall originate from coastal San Diego or Orange County to the greatest extent practicable. A combination of above-ground, temporary irrigation system operation and hand watering will be utilized to establish plants the first 3 years after planting. Table 5 Coastal Valley Freshwater Marsh Plant Palette (0.11 ac.) CoiTHnon Name Bi^iKi|i»4 Anemopsis californica Yerba mansa 1gal. 3' 45% 228 Eleocharis machrostachya Pale spike sedge 1gal. 1.5' 8% 155 Juncus acutus spp. leopoldii Spiny Rush 1gal. 4' 30% 88 Juncus mexicanus Mexican rush 1gal. 1.5' 9% 193 Scirpus califomicus California bulrush 1gal. 1.5' 8% 155 Total 100% 819 Table 6 Southern Willow Scrub Plant Palette (0.20 ac.) CiWUti Wit'WflfflK Canopy Species Baccharis salicifolia Mulefat 1gal. 6' 15% 33 Platanus racemosa Western sycamore 1gal. 20' 30% 7 Salix exigua Narrow - leaved willow cutting 6' 10% 27 Salix goodingii Black willow cutting 6' 5% 14 Salix lasiolepis Arroyo willow cutting 6' 25% 55 Total 85% 136 Understory Species Carex spissa San Diego sedge 1gal. 3' 9% 83 Iva hayesiana San Diego marsh elder 1gal. 4' 25% 134 Juncus acutus spp. leopoldii Spiny Rush 1gal. 3' 8% 71 Rosa californica California wild rose 1gal. 4' 20% 105 Rubus ursinus California blackberry 1gal. 4' 23% 136 Total 85% 529 DUDEK 44 6967 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan Table 7 Southern Coast Live Oak Riparian Forest Plant Palette (0.20 ac.) Botanical Name Common Name Spacfr^ Comp^ilan £stcii»ierf Qumitky Canopy Spedes Baccharis salicifolia Mulefat 1gal. 6' 25% 48 Platanus racemosa Western sycamore 1gal. 20' 15% 3 Quercus agrifolia Coast live oak 1gal. 18' 50% 11 Total 90% 62 Understory Species Juncus acutus spp. leopoldii Spiny Rush 1gal. 3' 9% 78 Muhlenbergia rigens Deer grass 1gal. 3' 19% 165 Ribes speciosum Fuschia-flowered gooseberry 1gal. 4' 5% 24 Rosa californica California wildrose 1gal. 4' 18% 88 Rubus ursinus California blackberry 1gal. 4' 22% 105 Total 73% 460 Table 8 Southern Coast Live Oak Riparian Forest/Southern Willow Scrub Seed Mix (0.40 ac.) Botanical Name CfmummName Pure Live Seed Rate time Ambrosia psilostachya Western ragweed 6 2.0 Anemopsis californica Yerba mansa 50 4.0 Artemisia douglasiana Douglas mugwort 10 2.0 Artemisia palmeri San Diego sagewort 10 1.0 Carex spissa San Diego sedge 70 2.0 Eleocharis macrostachya Pale spike rush 60 2.0 Plantago ovata^ Wooly plantain 85 6.0 Leymus triticioides Wild rye 80 4.0 Juncus bufonius Toad rush 60 3.0 Juncus mexicanus Mexican rush TBD 2.0 Muhlenbergia rigens Deer grass 60 1.0 Total 29.0 Note: All hydroseed mixes shall include seed mix indicated in pounds per acre and virgin wood cellulose fiber mulch at 2,000 pounds per acre. ^Erosion control and nurse crop species. DUDEK 45 6967 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan Table 9 Diegan Coastal Sage Scrub Seed Mix (0.05 ac.) PureUweSoecf Artemesia californica California sagebrush 10 3.0 Bromus carinatus^ California brome 85 1.0 Castilleja exserta spp. exserta^ Purple's owl clover 25 0.5 Encelia californica California sunflower 24 2.0 Eriophyllum confertifolium^ Golden yarrow 25 2.0 Eriogonum fasciculatum Flat-topped buckwheat 10 5.0 Lasthenia californica^ California goldfields 50 0.5 Lotus scoparius Deer weed 85 3.0* Lupinus succulentus^ Arroyo lupine 90 1.5 Mimulus aurantiacus sticky monkey flower 2 2.5 Nassela lepida Foothill needle grass 65 2.0 Nassela pulchra Purple needle grass 75 2.0 Plantago ovata^ Wooly plantain 85 5.0 Salvia mellifera Black sage 40 2.0 Sisyrinchium bellum^ Blue-eyed grass 80 1.5 Total 31.5 ^ Nurse crop species. It is anticipated that the seed mixes will be installed through a combination of hydroseeding for accessible areas and hand seeding in inaccessible areas. The recommended seed mixes contain several common, native annuals to serve as nurse crops, plus perennial native species that are expected to provide the majority ofthe cover for the DCSS restoration areas and contribute to the herbaceous understory for the FWM/SWS/SCLORF mitigation areas. Other native species are expected to volunteer into the area from adjacent habitat areas and will contribute to cover, species richness, and habitat value as well over time. A seed supplier specializing in native species, such as S&S Seeds in Carpentaria, Recon in San Diego, or an approved equal, shall be contracted with to supply the necessary seed. The seed source should be from the local San Diego coastal region. Appropriate timing ofthe seed application may decrease the need for supplemental watering and will improve plant establishment. It is anticipated that the constmction activities will be completed prior to the rainy season. Seeding at the beginning of the rainy season is ideal. Should hydroseed fail to germinate within a 120-day plant establishment period, the Restoration Ecologist may recommend reapplication of seed in the non-performing areas. DUDEK 46 6967 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan 4.9 Planting Materials After grading and irrigation installation, container plants and cuttings will be installed followed by hydroseeding, as described above. The Restoration Ecologist will inspect and approve all container plants, cuttings and labels for each hydroseed mixture prior to application. The contractor awarded the installation for the restoration program shall provide copies of the seed mix, listing species, quantities, as well as percent of germination rates that are to be provided by the intended seed vendor. Actual seed tags shall be provided at the time of installation. Standard planting procedures will be employed for the installation of the container stock. Planting holes shall be approximately twice the width of the rootball and as deep. If dry soil conditions exist at the time of plant installation, planting holes will be filled with water and allowed to drain immediately prior to planting. Backfill soil will contain no amendments and fertilizers unless shown in the constmction documents, recommended by soil test results and/or by the recommendation of the project biologist. The cuttings will be installed in the southem willow scmb creation and enhancement areas. The cuttings will be collected from the surrounding riparian habitat. Cuttings will be 12-18 inches long and one-half inch to one inch in diameter. The cuttings will be inserted approximately two- thirds their length into the soil. Hydroseed shall be applied in a hydromulch slurry containing the specified seed mix, as well as the other specified slurry mix components including virgin wood cellulose fiber mulch, at the specified rates. Fertilizer shall be included in the hydromulch slurry mix based on the results from soil testing and recommendations from an approved soil testing laboratory. The Restoration Ecologist will approve all final fertilizers and amendment applications prior to installation. 4.10 Time Lapse It is expected that the mitigation areas will require approximately five years to develop into a system that is in a state of equilibrium capable of resisting invasion by weeds and exotic/invasive species. Within approximately the first three years, the created, restored and enhanced wetlands should become self-sustaining, and able to survive on natural rainfall and creek inundation to allow the areas to survive without the need for supplemental irrigation or hand watering. In order to help assure sufficient plant establishment, five years of maintenance and monitoring are planned to ensure that the mitigation areas develop into the intended riparian vegetation communities and are sufficiently established to survive on their own, thereafter. 6967 DUDEK 47 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetiand Habitat Mitigation and Monitoring Plan 4.11 Preliminary Schedule The mitigation program outiined herein, is contingent upon the approval by the ACOE, CDFG, and RWQCB. Upon appropriate approvals, implementation of the mitigation program is anticipated to be implemented according the schedule in Table 10. Table 10 Proposed Implementation Schedule bnplaiieiitatieQ TastES Main Boardwalk Installation, Grading (creation areas) and Site Preparation (restoration and enhancement areas) Late Fall /Early Winter of 2012 Irrigation To be installed after initial weed removal (Fall 2012). Discontinued by the end of Year 3 (Fall 2015) and removed/abandoned at the end of Year 5 (Fall 2017). Container Planting Following completion of site prep., Boardwalk installation (Fall/Winter 2012. Hydroseed and hand seed application Following container planting (Fall/Winter 2012). Initial Establishment Period: Assessment of Installation, Seed Germination, and Plant Establishment. Monthly during initial 120-day period following hydroseeding and container plant installation (Fall/Winter 2012-Spring 2012). Site Maintenance Five years. Bi-monthly during Year 1 and on an as-needed basis during Years 2-5, based on biological monitoring and Biologist's recommendations (Spring 2013- Fall 2017). Long-term Biological Monitoring Qualitative monitoring bi-monthly during Year 1, following successful completion of initial (120-day) maintenance period, and quarterly during Years 2-5. Annual quantitative monitoring (transects) in Years 3-5 (Spring 2013 - Fall 2017). Final Sign-Off End of Year 5 (or earlier if agreed to by agencies). Based upon achievement of Year 5 standards (Fall/Winter 2017) 4.12 Initial Establishment Period During the initial (120-day) plant establishment period, following the hydroseed and hand seed applications and container plant installation, the Restoration Ecologist will monitor site conditions, including seedling germination, container plant survival and soil erosion, to determine ifthe plants are becoming adequately established and to verify whether the hydroseed application has been successful. If the hydroseed application has been successful and adequate germination occurs, then rapid seedling emergence should preclude the need to install additional erosion control devices. Potential remedial actions, if germination is not sufficient, include reseeding, installation of additional erosion control devices, and follow-up weed control. DUDEK 48 6967 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan 4.13 As-Built Plan Upon successful completion of the installation and the initial 120-day plant establishment/maintenance period, the Restoration Ecologist shall submit a report to the ACOE, RWQCB, and CDFG describing the completion of the installation phase and describing the "as- built" status of the mitigation project. The report shall include a reduced set of constmction drawings showing the final "as-built" locations of the irrigation system and the final limits ofthe revegetation areas. A GPS generated map shall be submitted if possible. Photographs shall also be included to document the site at the completion of the installation monitoring period, i.e., end of initial 120-day maintenance period. 4.14 Cost Estimate It is estimated that the initial cost for installation and initial maintenance of the mitigation/revegetation effort, for the total 0.56-acre area, will cost approximately $97,500. This cost estimate includes the installation of temporary protective fencing, grading, weed control, site preparation, signage and fencing, irrigation, hydro-seed and container plant installation, and plant establishment maintenance for the first 120-days following installation. Costs do not include the cost of the actual boardwalk installation. Long-term maintenance costs for the proposed five-year maintenance period would total approximately $27,500 including the costs associated with the weed control, irrigation, hand watering and site maintenance. The total cost for the entire mitigation and monitoring program is estimated to be $125,000 through the end of the five-year period. 6967 DUDEK 49 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan ^^^^^^^^ INTENTIONALLY LEFT BLANK 6967 DUDEK 50 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan 5.0 MAINTENANCE PLAN All mitigation areas will be subject to the requirements specified in this plan. The City will be responsible for ensuring the maintenance and monitoring of the mitigation sites until the site meets established performance standards. Because the goal of this plan is to reestablish natural vegetation communities that can support themselves with little or no maintenance, the primary effort of the maintenance plan is concentrated in the first few seasons of plant growth following the creation and enhancement efforts, when weeds can easily out-compete native plants. The intensity of the maintenance activity is expected to subside each year as the native plant materials become more established and as local competition from non-native plants for resources in the restoration areas is minimized through control of non-native plants. 5.1 Maintenance Activities The long-term maintenance period shall begin upon the successful completion ofthe initial (120- day plant establishment) maintenance period and shall last for 5 years. The Habitat Restoration Contractor shall be responsible for periodic weed/exotic species treatment and removals, trash ^ and debris removal, irrigation maintenance and adjustment, hand watering, replacement of dead container plants/cuttings, fence and signage maintenance, and similar site maintenance functions during the 5-year maintenance and monitoring period. 5.1.1 Pest Management Annual weed and non-native exotic control is expected for the Long-term monitoring period. The Restoration Ecologist will advise the Habitat Restoration Contractor as to which pest species to control. Target weed species include those on the Califomia Invasive Plant Council (Cal-EPC) California Invasive Plant Inventory (Cal-IPC 2006). Additional species beyond those listed in the Cal-IPC publication may require control. The Restoration Ecologist will determine any additional species requiring control. Based on the discretion of the Restoration Ecologist, some innocuous, naturalized annual weeds that are common to the area but do not normally out-compete or invade native habitats may be tolerated. Physical removal of non-native plants, including the roots, may be the best method for those species for which the root system can readily be pulled out with the aboveground portions of the plant. These species will be physically removed before seed-set. If hand removal is possible only after seed-set, then seed heads will be cut off, bagged, and removed from the site prior to the weed removal. 6967 DUDEK 51 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan Herbicides will be used for the invasive exotic plant species that have root systems that are impractical to remove or that regenerate from small root fragments. Any herbicide use should be conducted using methods that minimize effects to adjacent/desirable native species, such as bmsh application or spot spraying. Only herbicides registered for aquatic use can legally be used in locations where they might come in contact with open water. Follow-up control measures will likely be necessary for invasive plant species with extensive root systems that cannot usually be killed with one herbicide application. Follow-up herbicide treatment should be done at the biologically appropriate time when the recovering plants are still relatively small and before they have time to regain strength and vigor. Invertebrate pests, such as snails, slugs, insects, mites, etc., are not expected to be a problem in the project area but will be controlled by the Habitat Restoration Contractor, if necessary. Vertebrate pests, such as gophers, ground squirrels, rabbits, rats, voles, etc., may become a problem and will be controlled by the Habitat Restoration Contractor, if necessary. Plant diseases could become a problem during the plant establishment period but can generally be prevented or controlled by cultural measures. Pest control will be conducted following all applicable laws, regulations, label directions, and safety precautions. Should the Habitat Restoration Contractor require specific pest control recommendations, he or she shall consult a licensed pest control adviser. The Habitat Restoration Contractor shall provide reports of all pest control measures implemented at the site, including details of method used, including any pesticide applications. Copies of any written recommendations shall also be provided. The Habitat Restoration Contractor shall provide copies of all pesticide use reports to the appropriate entity to document pesticide use and reporting. 5.1.2 Irrigation System and Hand Watering The irrigation system shall be checked regularly to ensure proper operation and adequate coverage of the wetland mitigation and upland restoration areas. Problems with the system shall be repaired immediately to reduce potential plant mortality. The frequency and duration of irrigation applications and hand watering shall be adjusted seasonally by the maintenance contractor in coordination with the Restoration Ecologist to meet habitat needs. The irrigation system will be used as necessary during the first 3 years of the long-term maintenance and monitoring period, and will be terminated no later than the end of year three to ensure that the site is self-sustaining for at least two years (i.e., two summers) prior to final sign-off from the resource agencies. All above ground components shall be removed completely from the mitigation area by the end of the fifth year. 6967 DUDEK 52 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan Portions of the mitigation site not within the irrigation zone shall require hand watering on a regular basis until container plants have established to self-sustain themselves on existing surface water, the existing water table and seasonal rainfall It is anticipated that non-irrigated areas shall require hand watering on a regular basis throughout the initial Plant Establishment Period and Year One of the long-term maintenance period, and on a periodic basis during the spring, summer and fall of Years Two and Three. Any container plants or cuttings exhibiting unexpected and excessive drought stress shall receive an increase in hand watering until health retums. All mortality attributed to insufficient watering shall require in-kind plant replacement at the cost of the Habitat Restoration Contractor. Hand watering and irrigation is expected to be discontinued at the end of Year Three. 5.1.3 Trash Removal Trash and debris will be removed from the mitigation areas by hand during maintenance visits. Trash and debris consist of all man-made materials, equipment, or debris dumped, thrown, washed, blown, and left within the mitigation areas. Trash and inorganic debris washed or blown onto the mitigation sites will be removed regularly. Deadwood and leaf litter of native trees and shmbs will not be removed. Downed logs and leaf litter provide valuable micro-habitats for invertebrates, reptiles, small mammals, and birds. In addition, the decomposition of deadwood and leaf litter is essential for the replenishment of soil nutrients and minerals. 6967 DUDEK 53 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan INTENTIONALLY LEFT BLANK DUDEK 54 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan 6.0 MONITORING REQUIREMENTS Monitoring of the restoration areas has a three-fold purpose: (1) To monitor the progress of the mitigation area by assessing quantitative measurements, (percent native and non-native coverage via transect data collection in years 3-5) with the performance guidelines; (2) to direct and monitor the maintenance activities through qualitative (visual observation and evaluation) methods and determine remedial actions in a maimer that ensures that appropriate maintenance occurs in a timely manner; and (3) to recommend and implement adaptive management strategies that promote successful attainment of performance criteria. The monitoring shall be performed by a qualified biologist or habitat restoration specialist (Restoration Ecologist). The Restoration Ecologist shall be responsible for monitoring the activities of the Habitat Restoration Contractor during boardwalk constmction, during site clearing and grading operations to assure protection of existing wetland areas that are to remain and be protected, as well as during initial weed control, finish grading, irrigation installation, container planting, hydroseed application, and monthly monitoring during the 120-day plant establishment/maintenance period. The monitor shall also provide bi-monthly monitoring during year one of the maintenance and monitoring period, and quarterly monitoring in years 2-5 of the 5-year maintenance and monitoring period. The Biological Monitor will communicate and co-ordinate with the Habitat Restoration Contractor to assure the timely performance of project activities. The Biological Monitor shall submit an "As-Built" report within 60 days of completion of the installation period (end of 120-day period), and Annual Reports each year by the anniversary date during the five- year monitoring period, to the City, ACOE, CDFG, and RWQCB. 6.1 Performance Standards Performance standards include minimum growth, survivorship, and vegetative cover target criteria, as well as target functions and values based on established functional wetlands standards. A combination of assessment methods are important to understanding the ecological functioning and, thereby, the success of the mitigation. Performance guidelines outlined herein follow the requirements of the performance standards outlined in the City of Carlsbad developed Guidelines for Habitat Creation and Restoration (2009) and include modifications/additions requested by the ACOE. 6.1.1 Performance Standards The performance guidelines shown in Table 11 are proposed to direct the evaluation of the mitigation area. The primary mitigation goal for this project is to create and enhance wetland vegetation. Therefore, the following restoration coverage guidelines are used as a gauge to 6967 DUDEK 55 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan determine whether adequate native plant growth (percentage cover) and weed/exotic control is present to allow for adequate plant growth and establishment. The performance guidelines are viewed as interim project objectives designed to achieve the final mitigation goals. If mitigation efforts fail to meet the performance guidelines in any one year, then the Biological Monitor shall recommend remedial actions to be implemented the following year to enhance the project to a level of conformance with the original guideline. Each monitoring report shall include an assessment of the quantitative and qualitative performance standards in order to document progress of the mitigation site. Table 11 Performance Guidelines for Created and Enhanced Wetlands Vegetation Communities ^2 Hm0 YearS) Percent Native Cover 30% 40% 60% 75% 90% Container Plant and Cutting Survival 100%/60% 90%/80% 80%/80% 80%/80% 80%/80% Maximum Annual Non-Native/Weed Cover 20% 15% 10% 5% 5% Maximum Perennial Non-Native/Exotic Cover 5% 0% 0% 0% 0% Average Height of Wetland Tree Species in Feet (Willows, Sycamores, Oaks) 4 ft. 5 ft. 6 ft. 7 ft. 8 ft. ° Percentages based upon transect data in years 3-5, visual estimates only in years 1 and 2. ^ Container Plan Sun/ival/Cutting Sun^ival. Naturally recruiting native species may be counted as credit for replacement of dead container or cutting stock. Any quantity of dead plants exceeding this percentage shall require replacement planting, unless the project meets or exceeds the total native cover performance standard. Note: It is presumed that the unaccounted for percentage of cover will be unvegetated, or bare ground. 6.1.2 Functional Wetlands Standards The following general site characteristics must be met by the end of the 5-year maintenance and monitoring period. Site Must Meet All Three Wetland Parameters The wetland creation and restoration areas under the jurisdiction of the ACOE must meet the definition of a 3-parameter ACOE-jurisdictional wetlands by the end of the 5-year maintenance and monitoring period. A delineation of the wetland creation areas will be required prior to resource agency sign-off from the ACOE and RWQCB. If it is determined that the wetland creation areas meet the vegetation and hydrology criteria for a ACOE wetland, but are lacking hydric soils, the ACOE may waive, at their discretion, the need to obtain hydric soils prior to sign- off if the site is progressing towards hydric soils and will likely become hydric in the near future. DUDEK 56 6967 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan Site Must Be Self-Sustaining The mitigation area must be self-sustaining (i.e., able to survive on their own without artificial support) by the end of the 5-year maintenance and monitoring period. Determination of self- sustainability will be the presence of natural growth cycles and healthy wetlands vegetation that has not been irrigated in the preceding two years prior to the end of the 5-year maintenance and monitoring period. Site Must Show Evidence of Natural Recruitment The mitigation area must show evidence of natural recmitment of native wetlands and/or riparian species within the mitigation area. This means naturally occurring native species colonize the site in addition to the originally planted container plants or applied seed. Site Must Show Evidence of Wildlife Use The mitigation area must exhibit signs or evidence of wildlife use during the final two years of monitoring. Habitat Contiguity The mitigation area must contain wetland vegetation that is contiguous with upstream and downstream wetland/riparian habitats. Habitat connectivity and appropriate habitat linkages will provide nesting and foraging habitat for wildlife species. Hydrologic Regime of Riparian Zone The mitigation area must contain evidence of natural hydrologic riparian processes such as overbank flow, repeated inundation, scour, or deposition (i.e., wrack lines). Micro- and Macro-Topographic Complexity The mitigation area must contain evidence of micro- and macro-topographic complexity such as pits, ponds, hummocks, bars, rills, rock or boulders, bars, braiding, backwaters, and terraces. Topographic complexity will provide greater flood flow modification and flood storage functions. Biogeochemical Processes The mitigation area must contain woody debris, leaf litter, or detritus. Expansion of riparian areas will increase natural water quality functions such as uptake of nutrients and toxicants and sediment trapping. 6967 DUDEK 57 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan 6.1.3 Qualitative Monitoring Documentation of native vegetation coverage, weed presence, and site progress will be collected during monitoring visits to be used in the annual monitoring report. Qualitative monitoring will also be conducted to assess native plant vigor and development, seedling recmitment from native seed application and natural sources, soil moisture content, presence/absence of plant pests or diseases, erosion and/or drainage conditions on site, presence/absence of non-native or invasive plant species, trash or debris accumulation, wildlife presence/absence, and status of project fencing. All qualitative monitoring visits to the mitigation areas will be documented with a site observation monitoring report, which will be forwarded to the Habitat Restoration Contractor and the City. Any project deficiencies will be noted in the monitoring report, with accompanying recommendations for maintenance and/or remedial actions. 6.1.4 Quantitative Monitoring Quantitative monitoring via data collection will be conducted to determine native species cover and composition and total non-native species cover and composition. Quantitative monitoring will be conducted by establishing permanent vegetation 25-meter transects within the mitigation areas at random locations by the Restoration Ecologist at the end of Year Two. These transects will be utilized during years three - five to help determine achievement of the yearly performance standards and compliance with agency and City standards. Permanent photo-documentation stations will also be established along each transect to record the progress of the mitigation site and graphically record plant establishment over the 5-year period. Transects will be sampled using the point-intercept method. A transect tape will be run between two posts, and vegetative intercept line will be visually projected above and below the tape at every half-meter mark. Transects will be no longer than 25 meters, but may vary in length based upon the location, and size of the individual restoration area. Each herb or shrub that intercepts the projected line will be recorded by species. In addition, all plant species present within the 5- meter-wide "species richness" portion of each transect will be recorded by species. All data will be utilized to determine total percent plant cover, percent native cover, percent non-native cover, and overall species richness and diversity. Quantitative monitoring will be conducted once annually beginning in Year Three and extending through Year Five of the Restoration Project. 6967 DUDEK 58 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan 7.0 REPORTING v^nnual monitoring reports will be submitted to the City, the resource agencies and the Restoration Contractor during the 5-year maintenance and monitoring period of the proposed project. The monitoring reports will describe the existing conditions of the project areas derived from qualitative field observations and quantitative vegetation data collection. The reports will provide a comparison of annual success criteria with field conditions, identify all shortcomings of the project, and recommend remedial measures necessary for the successful completion of the restoration project. Each yearly report will provide a summary of the accumulated data. Annual reports also will include: • A list of names, titles, and companies of persons who prepared the annual report and participated in monitoring activities • Prints of biological monitoring photographs, as appropriate • Maps identifying monitoring areas, planting zones, and weed removal areas, as appropriate • Quantitative data from transect measurements in years 3 through 5 of the restoration effort. 6967 DUDEK 59 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan INTENTIONALLY LEFT BLANK 6967 DUDEK 60 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan 8.0 CONTINGENCY MEASURES If the final success criteria are not met, the Restoration Ecologist and the City will prepare an analysis of the cause(s) of failure within the appropriate annual report and, if determined necessary by the resource agencies, propose contingency measures, including remedial actions and/or adaptive management strategies, to address the problem. The City's maintenance and monitoring obligations will continue until contingency measures are negotiated and implemented to bring the restoration site into compliance with the established standards. 8.1 Adaptive Management Adaptive management will be implemented in the event of unforeseen or unpredictable circumstances. Due to the complexity and dynamic nature of ecosystems, and anticipation of unexpected events or outcomes, a flexible resource management plan is desirable. For purposes of this mitigation project, adaptive management is defined as a flexible, iterative approach to the long-term management of biological resources that is directed over time by the results of ongoing monitoring activities and direct observation of environmental stressors that are producing adverse results within the restoration areas. Adaptive management will include the utilization of regular qualitative assessments and rapid qualitative assessment data gathered in the field prior to and during the restoration effort to assess the health and vigor of vegetation communities within the restoration areas. Rigorous and consistent monitoring is key to effective adaptive management to ensure that the decisions regarding future management are based on accurate assessments of the status of the resources being managed. Following an event that causes damage to all or part of a restoration area, the data will be used in part to drive management considerations for repair of the damaged areas. It is the intent of the adaptive management strategy in this HMMP to intervene only as necessary to help ensure the conservation of the functions and services of the mitigation sites and the conservation of native vegetation communities and individual native species within the mitigation sites. Remedial measures will only be implemented if it is determined, in consultation between the City, the Restoration Ecologist, and the resource agencies, that there is a risk to the persistence of the functions and services, native vegetation, or native species on site. Achieving the key goals of mitigation completion and establishment of self-sustaining vegetation communities will be the focus of adaptive management decisions. Individual environmental stressors are discussed below, along with an anticipated range of management responses to correct damage that may occur to the mitigation areas. 6967 DUDEK 61 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan 8.1.1 Herbivory Some grazing and browsing by native mammals is expected to occur within the mitigation areas. The plant palettes for each vegetation community have been designed to accommodate a moderate level of plant browsing. If browse levels should become elevated (i.e., if significant plant mortality and cover reduction occurs) as indicated by qualitative or quantitative monitoring of the mitigation sites, remedial measures may be recommended. Browse guards (plastic fencing, cages or tree shelters) may be installed around the base young shrubs in affected areas to reduce plant mortality. In addition, remedial planting or seeding may be necessary depending upon the stage of the restoration effort. 8.1.2 Sediment Loss and Erosion Issues Sediment loss and erosion issues are not a major concem, as wetland mitigation areas are mostly located along the periphery of the drainage, which is subject to lateral flood inundation rather than rapid creek velocities. Erosion may be a concem in areas if abnormal storm events occur and increase creek velocities through the mitigation area, causing excessive scour and sediment deposition. The Diegan coastal sage scmb restoration area is not anticipated for erosion, as it is located on gentle grades. All mitigation areas will be monitored regularly, and if issues develop, recommended remedial actions will be recommended to minimize sediment loss. Such measures may include the installation of silt fencing, straw wattles, gravel bags or other materials to prevent erosion. 8.1.3 Drought Seasonal drought is a normal annual cycle in San Diego County, and all plant palettes have been designed with drought-tolerant plant species that are capable of withstanding seasonal fluctuations in available moisture. However, an extended drought could potentially occur, including low seasonal rainfall and prolonged high temperatures that may negatively affect the restoration areas (e.g., lower native cover, higher plant mortality, increased potential for pest infestations on site, etc.). Irrigation (including hand watering) will reduce or eliminate the effects of drought on container plants and seedlings during the first 3 years of the restoration effort. Any remedial options that may be necessary after 3 years from the installation date will likely require an additional period of site irrigation to relieve plants from drought stress and/or provide for new seed growth. All irrigation components will be left in place until the end of year five in case remedial seeding and/or container planting is required at a later project date. If the irrigation system is required at a later date, it should be used only as necessary (i.e., periodic watering versus regular daily watering). After successful completion of the restoration effort, the irrigation system will be removed from the site. 6967 DUDEK 62 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan 9.0 COMPLETION OF MITIGATION 9.1 Notification of Completion When the City and Restoration Ecologist believe that the final Year Five performance standards have been met, either before, or at the end of the 5-year maintenance and monitoring period, they shall then notify the ACOE, RWQCB, and CDFG upon submitting the annual report and request formal acceptance of the site and release from the permit conditions and any bonds or letters of credit that may have been placed on the project. Release of mitigation obligations before Year 5 will only be considered if Year 5 performance criteria have been met for 2 consecutive years. 9.2 Agency Confirmation Written acceptance and/or concurrence from the agencies shall be solicited in order to signify and document completion of the mitigation obligations. Following receipt of the notification of completion from the City, representatives from the ACOE, RWQCB, and CDFG may visit the site to confirm the completion ofthe mitigation effort. 6967 DUDEK 63 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan INTENTIONALLY LEFT BLANK 6967 DUDEK 64 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan 10.0 SITE PROTECTION INSTRUMENT (LONG-TERM MANAGEMENT) The primary focus of this HMMP is on the successful restoration and compensation/mitigation for impacted vegetation communities. The overall management goals of the restoration program are designed to manage the restoration sites such that none of the intended functions and values (i.e., services) of the sites are lost over time, and so that the presence of native habitats and individual native species are conserved. The Lake Calavera Project site is located within a proposed hardline conservation area of the City's HMP preserve system and receives the same conservation status as existing hardline areas and thus is designated as open space. Once concurrency from the agencies is provided to signify that the mitigation obligations have been completed, the restoration area will be handed over to the preserve manager for Lake Calavera preserve for long term management maintenance and monitoring in accordance with the City's HMP and Open Space Management Plan. Appropriate funding in order to maintain the site will be provided to the Preserve Manager by the permittee. A draft declaration of restrictive covenant has been written for the preserve and approved by the City. This restricted covenant is currently under review with ACOE legal staff. An ACOE approved deed restriction, or other form of protection deemed appropriate by the ACOE, will be placed over the mitigation site, to be provide protection of the site in perpetuity. 6967 DUDEK 65 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan INTENTIONALLY LEFT BLANK 6967 DUDEK 66 August 2012 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan 11.0 REFERENCES 73 FR 19594-19705. Final mle: "Compensatory Mitigation for Losses of Aquatic Resources." April 10, 2008.Merkel & Associates, Inc. 2009. Lal^e Calavera Trails Biological Resources Report. Carlsbad, CA. January 28. AMEC Earth & Environmental, Inc. and Conservation Biology Institute. 2003a March. Volume I, Final MHCP Plan. Administered by SANDAG for the Cities of Carlsbad, Encinitas, Escondido, Oceanside, San Marcos, Solana Beach, and Vista. Prepared for the Multiple Habitat Conservation Program. 9 Sections + appendices. AMEC Earth & Environmental, Inc. and Conservation Biology Institute. 2003b March. Volume II, Final MHCP Plan, Biological Analysis and Permitting Conditions. Administered by SANDAG for the Cities of Carlsbad, Encinitas, Escondido, Oceanside, San Marcos, Solana Beach, and Vista. Preparedfor the Multiple Habitat Conservation Program. 5 Sections + appendices. Bowman, R.H. 1973. Soil Survey of the San Diego Area, California, Parts land II. USDA Soil Conservation Service and University of Califomia Agricultural Experiment Station. Cal-IPC (Califomia Invasive Plant Council). 2006. California Invasive Plant Inventory. Cal-IPC Publication 2006-02, Califomia Invasive Plant Council: Berkeley, Califomia. http ://www.cal-ipc.org/ip/inventory/pdf7Inventory2006.pdf. City of Carlsbad. 2004. Habitat Management Plan for Natural Communities in the City of Carlsbad. City of Carlsbad. 2009. Guidelines for Habitat Creation and Restoration, City of Carlsbad. City of Carlsbad. 2010. Lake Calavera Trails Master Plan, City of Carlsbad. CNPS (Califomia Native Plant Society). 2010. Inventory of Rare and Endangered Plants (online edition, v7-09b). California Native Plant Society. Sacramento, Califomia. http://www.cnps.org/inventory. Holland, R.F. 1986. Preliminary Descriptions of the Terrestrial Natural Communities of Califomia. Nongame-Heritage Program, Califomia Department of Fish and Game. Hickman, J. C, editor. 1993. The Jepson Manual, Higher Plants of Califomia. University of Califomia Press, Berkeley. 1400pp. USFWS (United States Fish and Wildlife Service). 1988. U.S Fish and Wildlife Service National List of Plant Species that Occur in Wetlands: California (Region. 6967 DUDEK 67 August 2012 3 Lake Calavera Trails Master Plan Boardwalk Improvement Project Final Wetland Habitat Mitigation and Monitoring Plan INTENTIONALLY LEFT BLANK 6967 DUDEK 68 . August 2012 APPENDIX A MND Notice of Determination Mitigation Measures City of Carlsbad lanning Department MITIGATED NEGATIVE DECLARATTQN CASE NAME: Lake Calavera Trails Master Plan CASE NO: HMP 09-05 PROJECT LOCATION: An undeveloped, approximately 262-acre site in the northeastern comer ofthe Citv of Carlsbad south of Lake Boulevard and east of College Boulevard. The proiect area surrounds Lake Calavera and is bordered on the north and east bv the Citv of Oceanside. PROJECT DESCRIPTION: The original Mitigated Negative Declaration (MND) for the LCTMP was circulated for public comment from July 14, 2006 to August 13, 2006 as City project EA 05-09 and SCH #2006071064. Based on comments received, further analysis was completed by the City and changes are proposed for the Lake Calavera Trails Master Plan (LCMP). The revised LCTMP project would establish a formal network of signed, public multi-recreational trails and viewpoints by improving approximately 5 miles of existing trails around Lake Calavera. No new trails would be created by the project and trails would be designated for bicyclists and hikers or hikers only. The trails criss-cross an undeveloped area of approximately 262 acres with a variety of native vegetation. Along with trail improvements, the project proposes information kiosks, viewpoints with interpretive signage, litter receptacles, dog waste stations, picnic tables, and a portable restroom. The project also proposes to establish parameters for trail maintenance. The trail system is and would bc accessed at multiple publicly-accessible locations, inciuding from surrounding streets, sidewalks, and othar trails. The entire project area is owned by the City of Carlsbad. DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the Califomia Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, and the City of Carlsbad finds as follows: El Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on the attached sheet have been added to the project • The proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. (Mitigated Negative Declaration applies only to the effects that remained to be addressed). • Although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed - ••adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required, A copy ofthe initial study (EIA Part 2) documenting reasons to support the Negative Declaration is on file in the Plannmg Department, 1635 Faraday Avenue, Carlsbad, Califomia 92008. ADOPTED: Januarv 25.2010. pursuant to Administrative Approval •ST: DON NEU Planning Director 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • ^760^ 60?~4firin . FAY (7Kn\ «no.ocr:Q ..w.^ /I\ ( 1 DOO 20 Office of Planning and Research P.O. Box 3044 Sacramento, CA 95812-3044 CITY OF CARLSBAD Planning Department 1635 Faraday Avenue Carlsbad, CA 92008 (760) 602-4600 13 SD County Clerk Attn: LuidaKesina Mail Stop A-33 1600 Pacific Highway San Diego, CA 92101 Project No: HMP 09-OS Filing of Notice of Determination in compUance with Section 21108 or 21152 ofthe Public Resources Code. 2009071090 City of Carlsbad, Pam Drew State Clearinghouse No. Lead Agency, Contact Person Telephone Number and east bv th*' ^i*Y Oceanside. Project Locations (include County) ^X^'ArafF^TAvenue.Car.baa.CA AppUcnt's Telephone Numben 760Mro2-4^^ Declaration fMND> for the Lake Calavera Trails Master Inject Descriptlou: The onpnal Mj^gated N*^'^"^"Sfgr"^ 13 20O6 as City project EA 05- Plan (LCTMP) was circulated for pubhc ~'°™«'^^J"/'^y^;by the Ci^ and changes no <.«H QPH #1006071064. Based on comments received, further analysis was compicwu ujr u i. . v,. 09 and SCHjr20UOU/iuw^^ LCTMP proiect would establish a formal network of signed, public are proposed for the LCTMP. The revisea LCIMT projcci ^" existing trails around Lake hiKer, ?-y-The tnuU ::^:^T^^^eSTro^.Sr^^ wi.hWe.ive S^Mr. S^X-r=n<^g sialics, and o«.er trails. The entire project area is owned by the City of Carlsbad, This is to advise that the City of Carlsbad has approved the above described project on January 25. 2010, and has made the following determination regarding the above descnbed project ThenroiectwUl not have a significant effect on the environment cnvr^A Tmn^^^^ Decla^on was prepared for this project pursuant to the provisions of CEQA. Mitigation measures were made a condition ofthe approval of the project A mitigation reportmg or monitoring plan was adopted for this project ^ A statement of Overriding Considerations was not adopted for this project Findings were made puisuant to the provisions of CEQA. 1. 2. 3. 4. 5. ™s is ."cei that *e T''''^:!T'Tl^C^%C^T^'' ^ '^^"^ ^ DTBiect approval is available to the General Public at THE CITY OF CARLiBAU. PW PP 3f h2S-/0 Date DON NEU, Planning Director Date received for filing at OPR: Revised December 2004 ( FILE NUMBERS: idMEiJSdJS. Page 1 of 8 PROJECT NAME: U^KE CALAVERA TRAILS MASTER PLAN APPROVAL DATE: The following environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate identified environmental impacts to a levei of insignificance. A completed and signed checklist for each mitigation measure indicates that this mitigation measure has been complied with and implemented, and fulfills the City's monitoring requirements with respect to Assembly Bill 3180 (Public Resources Code Section 21081.6). Mitigation Measure Monitoring Type Monitoring I>epartmerrt StKJwn on Plans Verified Implementation Remarks BIOLOGICAL RESOURCES BIO-1: Mitigation for permanent and temporary impacts to upland communities will be mitigated by debiting the appropriate acreage at the i-ake Calavera Mitigation Parcel. The Lake Calavera property was identified in the City's l-labitat Management Plan as a public project mitigation parcel for munidpal projects. The total acreage available for credit at Its inception was 186.55 acres. That acreage is available to mitigate for habitat impacts from City projects on an acre-for-acre ba^s regardless of the type of habitat being impacted, except for gnatcateher occupied coastal sage scrub, southem maritime chaparral, maritime succulent scrub, and wetlands. The mitigation provided for each City project by the Lake Calavera parcel is tracked and reported on an annual basis in the City's HMP Annual Report. As of the end of the last reporting period (October 2008), a total of 183.8 acres of mitigation land was still available. The City plans to mitigate for impacts to gnatcateher occupied sage scmb through on-site mitigation and the preparation of an MMRP, as described above. Until the MMRP Is submitted, please refer to the On-site Revegetation Recommendations section of the revised Biological Resources Report (January 28. 2009) for a Project-Prior to Grading Planning Department and Biological Monitor ExphiMMon of H—dln«i«: TVP* S Pioject, ongoing, cumulative. Monitorins Of*- • Depaitment, or Agency, responsible for monitoring a particular mitigation measure. ShoMRi on Mane s Whan mitigation nteasure is shown on plans, this column vvffi be initialed and dated. Veiified Implementaition > When mitigation measure has t>een implemented, this column w8l be Initialed and dated. Remaifc* - Area for describing status of ongoing mitigation measure, or for other informatioa RO - Appendix P. Page 2 of 8 Mitigation Measure MoniiDring Type Monitoring Department Shown on Plans Verified Implementatton Remarks tentative map of suitable areas for sage scrub mitigation as well as appropriate planting material (attached). The mitigation acreage would Indude a minimum 1:1 creation component witiiin ttie immediate vk:tnity of occupied coastal sage scrub, with ihe goat of creating suitable habitat for the gnatcateher. This mitigation plan wilt indude details regarding grading, inigation design, and planting specifications, as well as maintenance and monitoring procedures. The plan will also outiine yeariy success criteria and remedial measures should the mitigation effort fall short of the success aiteria. Mitigation for impacts to riparian/wetiand communities will be achieved tiirough on-site creation, restoration, and/or enhancement vwthin the Lake Calavera Mitigation Parcel. Mitigation shall indude a 1:1 creation component in accordance witii the "no net loss' wetiands policy In tiie Carisbad HMP. Temporary impacts \Mil be mitigated at a 1:1 ratio tiirough restoration or enhancement Explanation of Headinae: Type « Project, ongoing, cumulative. Monitorins 0«pt - Department or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans » When mitigation measure is shown on plans, this column will be Initialed and dated. Verified hnplementation < When mitigation measure has been bnplementad, this column will be Initialed and dated, itennrirs « Area for describing status of ongoing mitigation measure, or for other information. RO-Appendix P. ( c Page 3 of 8 Mitigation Measure Monitoring Type Monitoring Department Shown on F*lans Verified impiementatton Remarics Table 2 VagaUrtkMi Community HMP Habitat Qroup' Mitigation Ratio* Tl 1 Mitigation lAeraaoa} VagaUrtkMi Community HMP Habitat Qroup' P T IN T i Total Ots^urbad WeUand Group A 2:1 1.i 0.002 ... 0.002 0.004 mm. Coatm and Vaitey FnNihwaiar mrah Group A 2:1 1:1 0.05 0.05 0.10 0.10 0.05 015 Southam Coa$t ttva Oak Ri{>arian Foiast Group A 3:1 1.1 0.05 0.04 0.09 ai5 0.04 0.19 IMula Pat Scrub Group A 2:1 —. 0.001 0.001 0.002 _ 0.002 SiHAhefn WHIow Scrub Group A 3:1 1:1 0.P2 0.02 0.04 o.oe 0.02 O.oe f<iort-Wetiand Waters of me U.SiStraambed (Orainasas) Group A 1.5:1 — 0.001 — 0.001 0.002 0.002 Total Wadand*! 0.12 0.11 OJS 0.32 0.11 0.43 Disturbed Vaiisy Naadlagrass Grassland Groups 3:1 0.02 — 0.02 0.06 — 0.06 Diegan Coascai Saga Scrub GN-oupC 2i 11 0.11 0.02 0.13 022 0.04 0.26 Southem Mixed Chaparral Group D 1:1 — O.OS — 0.05 0.0S — O.OS ChahDisa ^haDarral Group 0 1:1 — 0.02 — 0.02 0.02 0.02 ^torHUltive Grassland Group E 0.5:1 — 0.22 Q.22 0.11 0.11 Oisturbad Habitat GroupP 0.1:1 ... 4.93 0.01 4.94 0.40 .... 0.49 Total U^ilaMt: S.S9 0.03 sji OJS 0J4 6IIAMD TOTAL: S.47 0.14 1J7 0.1S 142 ^ P=Permanent. T=Temporary; Pl= Permanent Impact. TNTemporary Impact. Group A habitats are associated with wetlands. Group C habitats are occupied by coastal Califomia gnatcateher. Impacts to wetland habitats are subject to review under Section 404 of the federal Clean Water Act or under Section 1602 of tha Califomia Fish and Game Code. Mitigation ratio varies by type of habitat and subject to change. Mitigation for permanent impacts to wetland communities would require a minimum of 1:1 creation; the remaining mitigation could occur in the form of enhancement. It is recommend that mitigation for temporary impacts occur in the form enhancement and occur in piace of the temporary impact. fartwatlgn gf l1wdinB»; Type » Project, ongoing, cumulative. Monitoring Dept» Departinent, or Agency, responsible for monitoring a particutar mitigation measure. Shown on Plans » When mitigation measure is shown on plans, this column will be initialed and dated. VeiMed Impiementatlon « When mitigation measure has been imptomentsd. this column wiil be initiaied and dated. Remarics » Area for describing status of ongoing mitigation measure, or for other infonnation. RD-Appendix P. Page 4 of 8 Mitigation Measure BiO-2: Per the City's IHMP, no dearing or non-routine maintenance of occupied coastal Caiifomia gnatcateher habitat shall occur witiiin the breeding season, between Marth 1 and August ISj. jf tiiis schedule cannot be met, it js recommended that a qualified t>ioiogist [nspect the shnibs for nests prior to constiuction or non-routine maintenance. Trail maintenance activities are listed witiiin Table 1, page 4 of the Citywide Trail Maintenance Plan (City 2002). Non- routine maintenance work would be classified as activities tiiat require the use of the fdlowing: heavy equipment, equipment that produces noise greater than 60 dedbels, equipment tiiat produces a large amount of dust, ti^il dosure. and removal of trees. If an active nest is found, no impacts shall be allowed within 500 feet or until ali young have fledged. BiO-3: Construction and non-routine maintenance woric should be conducted outside of the raptor and migratory bird breeding season (typically February 15 - September 15). Trail maintenance activities are listed within Table 1, page 4 of tiie Citywide Trail Maintenance Plan (City 2002). Non- routine maintenance work would be dassified as activities that require the use of the fdlowing: heavy equipment equipment that produces noise greater than 60 dedbels, equipment ttiat produces a large amount of dust trail dosure, and removal of trees. If this schedule cannot be met it is recommended that a qualified bidoglst insped the trees for nests prior to constiruction or non-routine maintenance. If an active nest is found, no impads shall be allowed within SOO for all listed spedes and raptore, and 300 feet for non-listed spedes or until all young have fledged. BI04: ConsfaiJd barrier fendng to restrid human access aiong trails within sensitive areas, while still allowing for wildlife movement Monitoring Type Projed- Priorto any Construction Projed - Prior to any Construdion Projed- During Construction Monitoring Department Planning Departinent and Bidogical Monitor Planning Departmenf and Bidogical Monitor Park Planner & Construction Contrador Shown on Plans Verified inwiementatkm Remarks Cbinmeot ERiili|i DMI it HMPT Aeiw^UUg to a»M faoHnitiOT qf HwHllnaffi Type s Project, ongoing, cumulative. Monitoring Dept« Department, or Agency, responsible for monitoring a particular mitigation measure. SiMMMn on Plans » When mitigation measure is shown on plana, this column will be Initialed and dated. Verified bnplemantation « When mttigalion measure has been Implemented, this coiumn will be initiaied and dated. Remarics = Area for describing status of ongoing mitigation measure, or for other information. RO-Appendix P. f Page 5 of 8 Mitigation Measure Monitoring Type Monitoring Department Stiown on Plans Verified Implementation Remarks BIO-5: Construct barrier fendng to restrid access to trails that have been dosed. Projed- During Constmction Park Planner & Constiuction Contrador BIO-6: Maintenance of the Lake Calavera Traits projed will comply witii tiie Citywide Trail Maintenance Plan (City 2002). Trails shaii be maintained on a regular basis, particulariy in tiie rainy season, to prevent soil erosion and sedimentation from entering tiie adjacent wetiands and affecting water quality. Projed- During Consbudion &Post Constmction Park Planner BiO-7: Waterbars should be installed on steep trails to prevent accelerated mnoff and erosion. Please refer to previous Table 1 for tiie approximate location of these stiudures. Projed- During Constmction Constmdion Contrador BIO^: Impacts to jurisdidional wetiands and non- wetiand watere of tiie U,S./streambed shall require tiie foliovnng pennits by regulatory federal and state agendes: 1) ACOE, CWA, Section 404 pemiit for placement of dredged or fill material within waters ofthe U.S., 2) RWQCB. CWA, Section 401 state water quality certification/waiver for an action that may result in degradation of watere of the State, and 3) CDFG, Califomia Fish and Game Code, Sedion 1602 agreement for alteration of a stireambed. The mitigation for impacts to jurisdictional resources must occur in the form of creation or creation combined with enliancement; however, tiie mitigation cannot result in a net-loss of wetiand habitat or wetiand functions and values. Therefore, a minimum 1:1 creation ratio must be applied toward any jurisdictional impads. Projed-Prior to Any Constmdion Planning Departinent Explanation of Headlna*: lype <• Project ongoing, cumulative. Mmdtoring Dept • Department, or Agency, responsible for mentoring a particular mitigation measure. Shown on Mans - When mitigation measure is shown on plans, this column will be inUaied and dated. Veifiied Implementation » When mitigation measure has been Implemented, this column wUl be initialed and dated. Remarics - Area for describing status of ongoing mitigation measure, or for other irrformation. RD-Appendix P. BIO-0:'^The development of a conceptual mitigation, maintenance, and monitoring plan will be required for tiie wetiand mitigation. This plan is a requirement of botii tiie federal and state wetiand permit applications and must be submitted with the required penmit applications. This plan should indude details regarding grading, irrigation design, and planting spedfications, as welt as maintenance and monitoring procedures. The plan should also outiine yeariy success criteria and remedial measures should the mitigation effort fail short of the success criteria. Any wetiand mitigation that cannot be achieved tiirough on-site restoration and enhancement should be perfonned off-site, but preferably within the same local waterehed; however, off- site mitigation may require higher mitigation ratios. Altemativety, the mitigation obligations may also be satisfied by partidpating in a fee-based mitigation program through a wetiand mitigation bank. The proposed mitigation is subjed to the resource agendes' review and discretion; thus, the mitigation obligations for ttie impacts to jurisdictional wetiand habitats may change from what has been recommended here. Until a conceptual plan Is submitted for permitting, please refer to the On-site Revegetation Recommendations section of tills report for a tentative map of suitable areas for wetiand mitigation as well as appropriate ptanting materiat. Projed-Prior to Any Constmdion Planning Department and Bidogical Consultant BiO-10: Prior to constmction activities, ali wetiand areas witiiin or adjacent to constiuction areas should be encompassed by orange environmental fendng to protect ttiem from constiuction as detennined appropriate by tiie biotogicai monitor and the Land Manager. A qualified biologist shall insped all constiuction fendng prior to constmdion and shall monitor constmdion (grading) activities to avdd unauthorized Impacts. Projed-Prior to Any Constiudion Constiuction Conti3ct(Mr and Biologicat Monitor exaianation of HeadhMw: Type s Project ongoing, cumulative. Moititoring Dept.» Department or Agency, responsible for montoring a particular mitigatton measure. Shown on Plans - When mitigation measure is shown on plans, this column wiU be inttialed and dated. Verified Imptementation - When mitigation measure has been implementsd, this column wUl be Initiaied and dated. Remarics = Ansa for describing status of ongoing mitigation measure, or for other information. RD - Appendix P. ( Page 7 of 8 BIO-11: Projed constmdion, operations, use, and maintenance shalt comply witii the iHMP Section F, Preserve Management, and spedfically tiie Recreation and Public Access guidelines contained tiierein on pages F-11 tiirough F-14. Projed- During and After All Constiuction Activities Parte Planner GEOLOGY AND SOILS , GEO-1: Consbuction BMPs wouid be implemented according to Appendix B of tiie Final MHCP Subarea Plan, Vdume li. Projed-Prior to Any Consbudion Constiuction Contrador GEO-2: A qualified biologist shall insped all constmction fendng prior to consbudion and shall monitor constiuction (grading) activities to avoid unautiiorized impacts. Projed-Prior to and During Alt Constiuction Activities Biological Monitor GEO-3: Erosion control shall be adequate to ensure that areas disturbed by the projed remain stable and do not erode during rain events. Projed-Prior to and During Ali Constiudion Activities Construction Contrador GEO-4: Spoil, trash, or any debris shall be removed off-site to an approved disposal fadlity. Project-Prior to and During All Constiruction Activities Construction Contiractor GEO-5: Ali constmction area limits shall be dearly delineated prior to constiuction activity witii orange construction fendng or silt fendng to ensure tiiat constiudion activity remains within ttie defined constmdion limits. Fendng shall not interfere witii wildlife movement. Projed-Prior to and During All Constmction Activities Constmction Contrador and Bidogical Monitor GEO-6: The projed biologist shall provide direction to constiudion personnel regarding ttie need to avoid impacts to adjacent sensitive areas. All constiuction/grading plans shall be made available to crews in tiie field showing tiiese conditions. Projed-Prior to and During All Constmction Activities Biological Monitor TVP* » Project ongoing, cumulative. Monitoring Dept« Di^rtment or Agency, responsible for montoring a particular mitigation measure. Shown on Plans - When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation > When mitigation measure has been implementsd. tills column wUt be initialed and dated. Remarics » Area for describing status of ongoing mitigation measure, or for other Monnation. RD • Appendix P. Page 8 of 8 HYDROLOGY AND WATER QUAUTY Projed-Prior to and During All Constmction Adivities Consbuction Contrador HYDRO-1: The City shall implement all maintenance operations of pemnanent BMPs as outiined in Sedion 2.5 [Maintenance of Munidpal Separate Stoma Sewer System (MS4) of their Jurisdidional Urt^an Runoff Management Plan (JURMP)]. The City's Contractor is responsible for maintenance of constiuction BMPs. in particular, silt fendng or otiier sediment trapping devices shall be installed and maintained in order to prevent mnoff from entering the water systems durina constiuction activities. Projed-Prior to and During All Constmction Adivities Consbuction Contrador farttumtiOT qf Hwdinw; lyp* - Project ongoing, cumulative. Moi«ttoring Dept • Department or Agency, responsible for montoring a particutar mitigation meesure. Shown on Plans - When mitigation measure is shown on plans. tt>is column will be initialed and dated. Verified Impiementatlon « When mitigation measure has been implementsd. this column yOi be initialed and datsd. Remarics > Area for describing status of ongoing mitigation measure, or for ottier information. RD-Appendix P. ) ( I APPENDIX B Preliminary Boardwalk Alignment (Plan and Photographs) I im Proposed Elevated Boardwalk (6' Width) ToU Area - 0.04 Ac. (1670 sK78 If) Est. Modular Secdons (S'xS') - 32 Locaii"" 1 - Western Creek Crosskig Med Elevated Boardwalk Width) l oa Area-O.0M Ac (154 58251) Tributary crossing Locaiion 3 - SoulheasI Boardwalk (Trtulary Crossing) By Others (Not ki Contract) NOTE: CONSTRUCTION OF THIS AREA TO BE HANDLED BY THE CITY AS A SEPARATE CONTRACT. CQ Proposed Elevated Boardwalk (6° Width) Total Area - 0.09 Ac. (3,894 56649 If) ImpadArea- 0.12 (5,192 sf) Ind. temp Impacts Est Modiiar Sections (6^-78 Ml ACOeCDFG JURISDICTIONAL HABITATS CDFG ONLY JURISDICTIONAL HABITATS Location 2- Eastem Welland Boariwalk DUDEK FWM - Ponded Crossing SCLORF/SWS • downstream location APPENDIX B-1 Preliminary Boardwalk Alignment (Plan and Photographs) Lake Calavora TraltB Master Plan BoanfwaMt Improvemeni Ptojecl - Final Welland Haljllal MJUgallon and Morllortng Plan 2^5<«i''Wi'iai2^iaaMNiBi8. DUDEK 6967-01 August 20 FIGURE B-2 Typical Boardwalk Construction Detail (Post and Panel) Lake Calavera Trails Master Plan Boardwalk Improvement Project - Conceptual Wetlands Mitigation and Monitoring Plan APPENDIX C Construction Plans for Lake Calavera Boardwalk Trail and Restoration APPENDIX C Diamond Pier Foundation System Installation Manual 2012 V Revised 8/10/10 Bid No. PWS 13-48 PKS Page 128 of 131 Diam.ond.Pier® FOUNDATION SYSTEM INSTALLATION MANUAL 2012 Pin Foundations, Inc. 5114 R. FosdicIc Dr. NW, Building # E-60 Gig Harbor, WA 98335 Fomi# INST1211- rev 2/1/2012 CONTENTS Technology Introduction Manufacturer's installation instructions Brackets, Bits & Hammers Trouble Shooting Field Inspection Inspection Plugs Reference: DP-50 Evaluation Services Report, ESR-1895 This installation document is also available on the Pin Foundations website, www, diamondpiers. com, or call (866) 832-7835 DiaunOIlCiPieif with Pln Plle Technology Foundation Engineering At Pin Foundations Inc. we've been engineering foundations for over 25 years, and one thing has always driven our thlnicing -tiie soil is the true support -and it comes with plenty of strength and mass to do the job. Soil has an intact, in> place structure, based on the interaction of its tiny particles, and this structure is consolidated and fixed by the moisture that constantly moves through it, and by the weight, density and intemal pressures that increase in it with depth. The foundations that engineers design to be inserted or constructed in the soil, have two basic functions - properiy transferring loads into the soil structure, and making a connection to the supported man-made structure above. There have always been two basic types of foundations; Deep Vertical Piling (banged in), or Shallow Spread Footings (dug in and buried). Piling keeps soii strength intact and is easy to install - if you don't have to go too deep. Footings spread the loads more widely, but the digging breaks apart the soil, weai^ening it and blocking or exaggerating water flow. There is a third approach though that combines the best features of both, and results in an efficient and soil reinforcing foundation - this is Pin Pile Technology - and it's actually one of the oldest fomns of foundations. By grouping sliort stiff piles, which are easily driven in penetrable soils, and setting them at angles to wori( more like a shallow footing - spread like a pyramid in the ground - an inexpensive foundation can be created, without digging*. The pile group resembles the roots of a tree, and can actually help to buttress the soii structure it's engaged in. Some of the oldest archeological roadways discovered were supported over soft soils in this way - with gangs of short driven timber posts -and in recent decades, it has become a reliable technology for complex, heavy-duty commercial applications. It is a state of the art technotogy, that does a superior job of transfemng loads to the soil. Our innovation is bringing Pin Pile teciinology into common use with a superior connector - the Diamond Pier. This high strength pre-cast concrete head is a driving guide, pin piling lock and structural connector all In one. As a guide, the pier sets the Pin angles and orientations so tiieir capacity is definable and consistent: as a lock the pier is designed to increase its grip on the Pin cluster when loaded —up, down or sideways - getting stronger and tighter as the loads go higiier and as a connector, an embedded anchor bolt and variable, pre-cast, post matching shape make it a simple and proportional compliment to its supported structures. As a system, this hybrid of familiar concrete and steel materials provides a solid, stable foundation, which captures and amplifies the strength of the soil it's engaged in, and in tum, protects the permanent ^^iij^ structures it supports. Z '^ Pre-Engineered Systems for Frost If you ask people where the most severe Frost iieave conditions are, they'll probably say Minnesota. That's where we decided a few years ago to introduce our residential Diamond Piers for decks - and it reflects how confident we are in this technology. Are there limits? Of course, but they are the same limits that affect all types of foundations. In frost zones, a properiy drained soil \Mth a conventional partrcle structure will freeze like a fortress, and hold its foundations tight. Most soils have this character, and most buikiings are built in these areas. The retail versions of the Diamond Pier -the DP 50, DP 75 and DP 100 - are pre-engineered to peri^omi as well or better than traditional deck foundations in frost zones with these soils - but you have to know your terrain. Unconventional soils are generally rare in nature, but a lot of weak soil and drainage issues can also be man-made. Pin Foundation Inc.'s commercial division has the resources and experience to analyze these non-conventional sites, and detenmine if a custom designed system may be applicable. Most traditional foundations in frost zones rely on depth and gross weight as protections against frost heave. They use significant volumes of site poured concrete, with the potential for field variables and inconsistent mix designs, installing these types of foundations also requires considerable digging, leaving substantial amounts of soil to be removed from a site, and inviting drainage problems. For Pin Pile Technology in frost zones, Pre-engineered Pin length for the retail Diamond Piers is based on providing sufficient bearing and resistance to uplift loads, rather than reaching a specific vertical depth - and of course keeping the soii structure and existing drainage intact with driven, rather than dug in, installatbn. Because of the unique design of the Diamond Pier Head, the Pins are also free to move along their axes, witiiout compromising the position of the pier or its lock on the Pin cluster. This feature allows the Diamond Pier to absorb soil strains caused by frost or expansive conditions, without transferring these loads to the supported structure, keeping everything in line, and, again, protecting the structure by doing a superior job woricing with the soil. *The environmental advantages of minimizing excavation and reducing concrete volumes are far reaching and signifrcant. Cement manufacture has the third largest carbon footprint in US Industry, and digging, wiiether for the mining of concrete constituents, or for the placing of deep monolithk; concrete components, releases more carbon into the atmosphere. MANUFACTURER'S INSTALLATION INSTRUCTIONS See also the Installation Video on the website - www.diamondDiers.com Know your soils: As with any foundatbn system it is important to first know your soils. Bearing strength varies with soii strength. It is important to know the bearing pressure of your soil in order to comply with most building codes. The ICC (Intemattonal Code Council) defines soil types in Table R401.4.1 "Presumptive Load-Bearing Values of Foundatbn Materials." The bearing capacity of the site soil must be detemiined in accordance with IRC Table R401.4.1. If presumptive soii capacity cannot be assumed in accordance with the IRC Table R401.4.1, the code official may request a soils report. TABUE R401>t.1 PRESUMPTIVE LOAO-BEAREM VALUES OP FOUNDATION MATERIALS' CLASS OF MATERIAL LOAO-BEAmiG FRE88URE (potmda per square foot| Crystalline bedrock 12,000 Sedimentary and foliated rock 4,000 Sandy gravel and/or gravel (GW and GP> 3,000 Sand, silty sand« clayey sand« silty gravel and clayey gravel (SW, SF. SM, sc. GM and GO 2.000 Clay, sandy clay, silty clay, clayey silt, silt and sandy sill (CL, ML, MH and CH) 1.500^ Rir SI: I pound per iiquare fool » 0.0479 kPa. a. When soil tests are required by Sectton R401.4, the allowable bearing cmpmct" lies of the ssoil !«hall be paft of the recommendatioiw. b. Where the building c«lftcial dctennines thai in-place %oil% with an allowable beanng capacity of less than 1,50O psf are likely to be preient at the site, the allowable bearing capacity shall be detemiined by a soils investigation. Your local building code offrcial may provide infomiation regarding soil types. If a home has already been constructed on the site with a conventional foundatbn system, the soil most likely met the minimum of 1500 PSF. The class of material and load bearing pressure may iiave already been detennined and are on record. If instead, the project site has historically required additional measures to be engineered and built on, ask your tocai code official for this information. Historical soils information is also available at the US geological soil survey site managed by the United States Department of agriculture. Please visit http://soils.usda.aov/. The Diamond Pier system is engineered for use in soils with a minimum of 1500 PSF soils. The Diamond Pier foundation system is a structurally rated system per Pin Foundations, Inc.'s, Capacity Comparison Chart. Please refer to the chart below for this infonnatton. Load Bearing Capacity Comparison DPtOO : DPI! Bearing In 2000 psf Sands 3600* 4000f 4800« 4200« Bearing in 1500 psf Siits/Clays 2700« 3000* 3600* 3200* Frost Zone Rating 48' 48' 60' 48' swtjnswvaaes wmm ir^nMii i^mm.- mmm: •VaM*iWiiaai»Oi<t 11 Waprty Dinned CgiiwBB^ SeeaescnpNoMotOiMnliiHitSnlimtlie pamartPfcf HKiMuilirtiimm C4ui*<mmOmatmPtntatB—wg maimmttftm^mOKIB.CowraaOmtK.sawandWMiDiin 5000* 3800* 60' 6300* 4700* 60' us iSmZA: 6.910.S3?. / 32ejll03 Check your site: Do not install Diamond Piers on slopes greater than 2:1 (27 degree slope) Check your site for any signs of unconventional soils. Pin Foundatk)ns, Inc.'s definitbn of unconventional soils is: "Unconventional soils include peats, urwonsolidated or un-compacted fUls, contaminated soi/s, highly organic wetiand or "hydric" soils, and soils which are weak» than ISOO psf or have water probl&ns; sites where traditional concrete piers, accepted by local codes, failed, or can potentially fail to provide adequate bearing to support the total load of the prqiect or to protect the structure from tiie negative effects of frost heave." Unconventional soils that retain standing water can weaken soils or cause severe frost heave conditions. A site depresston where there is standing water or where there is the potential for water to pond, pool or saturate the soil may be an indk;ation of unconventional soils. Sites where downspouts discharge at or near the foundatk>ns may also cause complications in sites were unconventional soils exist. Drainage ditches, creeks or nearby ponds, may also indk:ate unconventional soils. The Diamond Piers should be set well away from these features. Frost Heave Frost Heave ratings are also defined in the Capacity Comparison Chart. The Capacity Comparison Chart shows the structural rating and a comparison to the equivalency of a traditional concrete pier footing. The DP-50 with 50" pins will resist frost heave in a 48" frost zone. The DP-75 with 83" pins will resist frost heave in a 60' frost zone. If there is a history of extreme frost heave or a specific project sites where traditional concrete footings, 48''-60' deep, have failed, or will likely fail to resist frost heave, and larger deeper concrete piers are required, these sites are classified by Pin Foundations Inc. as "unconventional soils". As we mentioned in page 1 in the paragraph titled Pre-Engineered Systems for Frost, the retail versions of the Diamond Pier -the DP 50, DP 75 and DP 100 - are pre-engineered to perform as well or better than traditbnal deck foundations in frost zones. Frost heave resistance for the Diamond Pier is based if s equivalency to a conventional concrete footing depth shown in the frost zone rating line of our Capacity Comparison Chart. Due to a combination of non-draining soil types and Jg||k extremely cold winters, the state of Minnesota experiences some of the most extreme frost heave conditions in the United States. When assessing project sites in Minnesota or other extreme frost areas, be aware of sites where traditional concrete footings, 48"- 60' deep, have failed, or will likely fail to resist frost heave, and larger deeper concrete piers are required. Project sites that require concrete footings deeper than 60" to resist frost heave exceed the capacity defined in our retail versions of the Diamond Pier. Contact Pin Foundation Inc.'s commercial division to determine if a custom designed system may be utilized in these sites. Underground Obstacles The same obstacles that conventional foundation systems face, such as rocks, tree roots, underground utility lines and other buried obstacles, also exist with the Diamond Pier system. Refer to the Installation Instructions beiow for handling buried obstacles. If an obstacle is encountered that cannot be passed using the breaker hammer while driving the pins, the pins may be removed and the concrete head can be rotated, allowing the pins to penetrate the soil in a different bcation. (Refer to the installation instructions below. Note 4) Buried Utilities WARNING - check for underground utilities. DO NOT INSTALL DIAMOND PIERS before ali underground utility lines have been located and properiy marked by your local official utility locating service and all privately mn lines have been identified and located by the proper authority. If there are any electrical lines in the area, de-energize the power source prior to installing the Diamond Pier. Never allow body contact with un-insulated portions of the automatk: breaker hammer. Wear property rated rubber insulated gloves and boots. In, addition, if underground utilities are located on the site, check with your local utility locating service to confirm required safety zones, and refer to the table bek>w 'Horizontal Pin Distance" for the horizontal reach of the Diamond Pier pins, allowing for the proper horizontal clearance. Utility Saftey Zone DP Horizontal Distance Horizontal Pin Distance Measured from center ofthe pier anchor bolt, horizontally to the vertical limit of a given Pin end. When Pin is at 90 degrees (perpendicular to limit plane) DP-50 DP-75 Pin length Distance Pin Length Distance 50" 29" 63" 37" DP-100 Pin Length Distance 84" 50" When Pin is at 45 degrees (shortest distance to limit plane) DP-50 DP-75 Pin length Distance Pin Length Distance 50 21" 63 26" DP-100 Pin Length Distance 84 36" Check your layout: In order to meet the loadbearing capacities shown in the capacity chart, the Diamond Piers must be spaced a minimum of 3 feet apart — center of bolt to center of bolt. They must also be set back the horizontal distance shown in the table above "Horizontal Pin Distance' from existing foundations or other buried obstacles. The piers should also not be installed in unconsolidated backfill, which often occurs around the excavated perimeter of basement or daylight basement foundations. Tributary Loads from the supported structure must be properly calculated, and the piers spaced accordingly, so that each pier is supporting only up to its designated allowable loads. See Pin Foundation's load bearing capacity comparison chart. Tools and Supplies Check for cracked piers. Verify that you have the con-ect number of Diamond Piers with the con-esponding numfc»€r of Pins, Pin Caps, and Inspection Plugs, and that the anchor nuts thread properiy on the pier anchor bolt. Tools needed: • Automatic driving hammer with 1 1/8" hex Diamond Pier driving bit • Square spade shovel • Sledgehammer • Torpedo level • Tape measure • Pipe wrench • Also, wear the proper safety goggles, ear protection, insulated gloves and clothing. We recommend a minimum two person crew for installation. (Do not use the Pin driving Bit as a hammering tool, or hammer against it with the sledge. It is to be used with the automatic hammer only.) Setting the Concrete Head: 1. Dig a square hole tapered the same size and shape as bottom half of concrete pier. This creates a cradle to steady pier for leveling. Leave loose soils directly below the pier. 2. Following safe lifting procedures, carefully lift the concrete head, and position it in the hole to its midpoint*, level and centered on your alignment. 3. Replace some of the removed soils back around the sides of the pier at grade, lightly tamping to maintain level and alignment during Pin driving. See Pin driving notes below. *The pier may also be buried deeper for aesthetic considerations. Access to the Diamond Pier needs to be maintained.Be sure to keep top half of pier clean until caps are glued on. Pin Driving; Note: Verify locations of any Buried Utilities before Pin Driving. 1. Remove any dirt and debris from the Pins and check that they will fit easily in the driving holes the concrete heads. (If a cut or bun- is restricting the fit, try the other end of the Pin) 2. Set the inspection plugs to the ends of the Pins that will go first into the pier. 3. Slide Pins through opposing holes in the concrete head, and make sure to support them. 4. Set the Pins 6-12 inches into the soil using the sledgehammer until pier is locked into a level position. 5. Drive opposing Pins alternately in increments with the automatic hammer. Periodically check for plumb and alignment, and keep the weight of the auto-hammer from forcing the pin against the lower half of the driving hole, and impacting the pier. 6. Temporarily drive all pins down to (within) 6" from top of pier; this allows easier removal if an obstruction is encountered. 7. Finish driving the Pins with the automatic hammer, being careful not to damage the precast pier, or upper ends of the Pin, and leaving approximately 3/4"-of the Pin protruding from the top of the concrete. Note 1: Do not attempt to drive the pins all the way down with just a sledge hammer, as this may damage the ends of the pins or crack the pier. Note 2: Do not drive a Pin all the way down all at once if this causes the Pier to be pulled to one side. Continue to rotate around the Pier, driving the Pins in increments, until the growing strength in the pile group is sufficient to allow final driving. If driving a given Pin does not cause the pier to go out of level, the Pins may be driven all the way, one at a time. Note 3: Do not continue to hammer away at a Pin which is bouncing or rattling against an impassable object, if it causes the Pier to ride up the Pin, pushes the pier to one side, or risks eccentrically stressing the pier. This may cause the pier to crack, and a cracked pier must be removed and replaced. Ensure that the pier will remain in place if encountering difficulties in the soil, and when following the steps in Note 4: If pin stops moving when driving, STOP Automatic hammering. Be sure other pins are at least half way in to stabilize pier. Continue to drive the obstructed pin with automatic hammer for approximately 20 to 30 seconds. Also, one fimn square hit with the sledgehammer may drive the pin by the obstruction. Many small rocks will also roll allowing the pin to move past. If the pin moves slightly continue with the automatic hammer. If pin will not go in, remove pins, rotate pier around center and reinstall to avoid obstruction. The pier may also be relocated, within the parameters of your superstructure design, in order to avoid underground objects. If the obstmction is close enough to the surface, it may be dug up and removed. Once accomplished, re-compact the soils with the sledge hammer, and reset the pier. NOTE: The square top of pier does not have to align exactly with the square post as long as the bracket being used is near the center of pier and allows proper weight distribution. Removing Pins A pipe wrench can be used to turn pipe while cori<;screwing them upwanj. Jacking method below. See "Pin Removal video on the website- or The Jacking Method This method is the easiest way to remove pins, and requires approximately 6" of pipe to first be extended out from the pier. 1. Use a pin with an inspection plug as a pry bar. 2. Place the pry bar flat against concrete angle at outer edge of pier, and perpendicular to the pin to be removed using your right hand. 3. With your left hand, place the pipe wrench on pin (which) and slide it down tight to the pry bar. Pipe wrench handle should be pointing up slightly, perpendicular to the pry bar, allowing the pipe wrench to turn the pin as it is pried. 4. Pull up on pipe wrench handle to lock 5. Then, pull up pry bar with right hand to move pin out approximately 1 to 2 inches. 6. Slide pry bar back to flush with concrete angle on pier. 7. Repeat lock and jack until pin can be pulled by hand. Capping the Pins: Set the caps loosely on the ends of the Pins, so they can be removed for Pin length inspection. Set brackets, and posts or beams, and frame and complete the supported structure. Once these framing material loads have been applied, pull the caps off and re-verify the length of the protruding pins, adjusting as necessary by tapping with the small sledge hammer. Apply an adhesive caulk around the lip of the caps, and seal over the ends of the Pins, tapping the caps down tight to the concrete with the small hammer. We recommend using a 50 year, adhesive caulk, or equal, and following the caulk manufacturers application guidelines. These Installation Instructions are for Residential Retail applications of the Diamond Piers only. © Copynght 2012. Pin Foundations Inc, All Rights Reserved Post/Beam Brackets Post/Beam Brackets The bracket needed to make the connectk>n from the Diamond Pier to the superstructure can be purchased separately from a local lumberyard. The DP-50 pier has a 1/2" galvanized boK embedded in the top of the pier (nut provided), and this bolt will connect to a Simpson Strong-Tie® bracket — model ABW - or similar approved post base. Check with your jurisdiction to verify which post bases are acc^table in your area, and make sure to match the post size and loads on the post with the appropriate bracket size and bracket load ratings. Typk:ally these brackets come with a "standofP' design that separates the wood from contact with the base of the bracket, and eliminates the need to drill into the bottom of the lumber to compensate for the raised anchor bolt. The DP-75 and DP-100 piers have 5/8" diameter bolts at the top of the pier, and this conesponds to the Simpson Strong Tie ABU bracket - or similar approved post base. Horizontal beams may also be set directly in an appropriate bracket for direct connection to the Diamond Pier when constructing low profile structures, if you are using 6x6 posts with the DP-50 pier, make sure to ask your dealer for the DP-50 for 6x6 model. The proper bracket coating or finish should be chosen based on the lumber to be used and the treating specifications of the project superstructure. If stainless steel is chosen, the embedded galvanized bolt must be protected from contact with the stainless bracket with the additk)n of a plastic or rubber bushing (not supplied), or the piers must be special ordered with stainless steel bolts. Most post-base brackets have a wide hole in the base that allows some horizontal adjustment of the final bracket location. Breaker Hammers and Driving Bits Automatic breaker hammers used for installing the Diamond Pier Pins are listed beiow. The bits for these automatic hammers all use 1-1/8" hex shafts, and can be rented through a local rental yard, purchased through your lumber dealer, or purchased from Diamond Pier online. Most of the rental yard bits are produced by Bruner & Lay of Chicago (847) 678- 3232, and distributed through various rental companies throughout the US - bit model # B 31-861. Only automatic breaker hammers should be used to install the Diamond Pier Pins, and the bits are meant to be used with these automatic hammers only. The bits are not to be used with, or as, a sledge hammer. Automatic Hammers for Diamond Piei® installation .^.^^ The electric hammers listed have a range of impact energies from 20 to 44 foot/lbs. Soft or loose soils wiil allow for the use of lighter, lower energy hammers. Stiff or dense soils will require electric hammers in the higher impact range, or standard jackhammers driven by compressed air. In most cases the DP-50 is installed with smaller electric hammers, and the DP- 75, & DP-100 with larger electric or compressed air hammers, regardless of soil strength. Roto-hammers are not adequate. MAKITA mmodel # HM1307CB 1-1/8" Hex 35 Lb. Demolition Hammer Bit Type: 1-1/8" Hex HITACHI model #H66SD2 1-1/8" Hex 40 Lb. Demolition Hammer Bit Type: 1-1/8" Hex BOSCH model* 11335K Jack 15 /Vmp Breaker Hammer Bit Type: 1-1/8" Hex MILWAUKEE mmodel 5338 Breaker Hammer Bit Type: 1-1/8" Hex TROUBLE SHOOTING Cracked Pier Always inspect materials when received from supplier. Do not install a pier that has a crack or fissure running internally into the pier. Slight flaking or chipping does not constitute a crack. Concrete Flaking While installing, pins rubbing against the pier may cause superficial flaking of concrete around the driving hole. This will not affect the structural strength. However, if a crack or fissure develops during instaliatbn, the integrity of the pier has been compromised and the pier must be removed and replaced. Hitting an Obstruction If an obstruction is encountered, the pins may be removed and the Diamond Pier repositbned. If the obstruction is dug out and removed, soil must be re-compacted per the Instaliatbn Instructions. Do NOT cut pins. See Pin Driving Notes in the Installation Instructions. Pier will not Stay Level when Installing Your hole for setting the pier may be too big. Oniy dig a hole the size of the pier being used, and be sure to put all pins in the pier before setting them. With ail the pins stbking up from the pier, one person can also push or pull on the pins to manipulate the leveling process, and guide or steer the pier to a level position, being careful not to wrench on the pier and cause a crack. Pier Installed out of Level If a pier is more than 5 degrees out of level, this may compromise the symmetry of the bearing Pins, and it should be removed and repositioned. Re-install the pins sk>vi/ly at first, checking level constantly, and if one Pin is not going in straight and is causing the pier to tip, install the other Pins first, then carefully finish driving this last Pin. Pins have Risen Slightiy Out of the Concrete Head This may occur when extreme loads have been applied to the pier, but the system is designed to relieve pressure in this way. The Pins may simply be tapped back to their original position with a small hammer. Pins will not Fit into the Pier Make sure Pins fit into the pier before inserting the inspectbn plugs. Be sure Pins and Piers are free of dirt and check both ends for fit. Always transport and store in a clean environment. Measure Pin diameter to be sure the proper Pins have been supplied for your pier model. (DP50 - 1"nominal pin is 1.315" actual outskie diameter. DP75 -11/4"nominal pin is 1.67" actual OD, DP100 -1 2"nominal pin is 1.9" actual OD). If pins still do not fit, contact your supplier. Caps will not Fit over the Driven Pins Check to be sure proper cap size was supplied (see Pin outskie diameters above), and that your caps are pliable and not frozen. Caps should be tapped on with a small hammer. If they still will not go on, check the Pin ends for any extreme defomriations that may have occunred while driving. File or grind off any damage to re-establish the original diameter, and apply the cap. Post Looks too Big for the Top of the Pier 4x4 and 4x6 posts can be used on all Diamond Pier sizes, and 6x6 posts can be used on the DP-100, DP-75 and DP-50/6x6 models. When installing, be sure the loads of all post sizes are properiy transferred to the top of the concrete with appropriate brackets. If you have a DP-50/4x4 model pier already installed, and you're planning to put a 6x6 post on it, the bracket may need to be bk)cked with composite or pressure treated wood between the base of the bracket and the underside of the standoff fitting. If you haven't installed the pier(s) yet, ask your dealer for the DP50 for 6x6 model instead. Diamond Pier is Not Approved Yet in your Jurisdiction Make sure to include the Diamond Piers on your permit applicatbn atong with the ESR1895 report for the DP-50, the Frost Performance Reports and Altemate Methods cover letter. (Go to www.diamopndpiers.com for downloadable cover letter text) Make sure that you are applying for only the allowable Diamond Pier uses (decks, covered decks, stairs, and walkways), and that the designed loads to be supported are within the albwable capacities of the Diamond Pier model indicated for the soils on your site. If the Buikling Official is still denying the product, request a written explanation of how the Diamond Pier does not meet the intent of code in their jurisdiction, and fonvard this request and the Buikling Official's response to Pin Foundatbns, Inc. Field Inspection Note: Diamond Pier foundatbn inspection can take place at any time after installation, and can be combined with the superstructure framing inspection as each jurisdiction wanants. Pin Length Diamond piers are designed to be inspected from above grade, after they have been installed. Provided the builder uses the inpsectbn plugs at the lower (driven) end of the Pin to keep soils from moving up inside it, a tape measure can be slkJ down from the top of the installed Pin to verify its length. Note: If framing members will be too close to the top of the pier to alksw the tape measure to be inserted, this inspectbn should be done before this framing is in place. Also, if the builder has not used inspection plugs, pins may also be twisted or jacked out with a pipe wrench to verify their length. They may then be re-driven in the same soil cavity. Pins are to be their ftjil specified length (length tolerance is +/- %'). A Pin that has been cut in the field will have an inegular, rough end at the cut. Pin Specification - Pins are to be schedule 40 galvanized pipe, electrb resistance welded, with no threads. This also can be verified from the top of the pier. With the mbber cap removed, the web can be verified on the inside wall of the Pin, and the wall thickness can be checked. If the wall thickness is thinner than specified, the Pins have been substituted with a lower schedule pipe or conduit, and must be replaced with the properly specified Pins. 1" nominal, scheduie 40 pipe has a wall thbkness of 0.133 inches (just over 1/8"). 1-1/4" nominal, schedule 40 pipe has a wall thickness of 0.140 inches, and 1-1/2° nominal, schedule 40 pipe has a wail thickness of 0.145 inches. The wall thickness tolerance is +/-12%. Pier Integrity If the installation Instmctions are properiy followed, the piers should be level (within a 5 degree tolerance), and they should not have stmctural cracks as a result of improper handling or driving. (Surface spalls or chips may occur during driving or handling, but these are not stmctural, and will not affect the pier.) A stmctural crack is perpendicular to the outer face of the pier and heads inward to the core. This can weaken the pier strength, and/or allow water to penetrate and cause freeze/thaw problems in the concrete. If a pier is more than 5 degrees out of level, the symmetry of the Pin pairs may be compromised, and the pier shouW be removed and correctly re- installed. If a pter has a structural crack, it shouW NOT be patched. It should be removed and replaced. ^'""^ Allowable Capacity -^mi^ The piers should not be overioaded. The total load on any specific pier is based on the individual tribuatry loads of the stmcture, supported by the corresponding post or beam connected to the pier. This weight is a combination of either snow or people (live load), and the weight of the deck stmcture itself (dead load). The total tributary load - area x psf (LL+DL) - should not exceed the published capacity of the pier. References/Standards A. ASTM A 53 - Pipe, Steel, Black and Hot dipped. Zinc-coated C. ASTM A153 - Zinc coating (hot-dip) on Steel Hardware D. ASTM, ACi and CRSI standards for precast concrete products Delivery/Storage and Handling A. Contractor shall protect the materials from damage. Pins A. Four pins per pier. All Pins to be galvanized steel pipe with butt cut driving ends, schedule 40 - Grade A, Type E electric resistance welded -Pins to be capped with UV resistant vinyl caps, and sealed. Connections/Posts/Beams A. Diamond Pier connection to be galvanized steel post base (by others) attached to pier with single cast-in galvanized anchor bolt. Site A. Alteration of site soils or vegetation to be kept to a minimum to avoid erosion, drainage issues, or the need for re- vegetation. Installation A. Contractor shall verify superstmcture layout, spans and resulting loads for consistency with the manufacturer's published capacities, B. Pins to be full length as specified before driving. No coupled or welded pins are to be used. C. Follow Manufacture's Installation Instmctions ^\ INSPECTION PLUGS These hard plastic plugs keep soil from moving up the inside of the Diamond Pier® Pins, allowing inspectors to slide a tape measure down the Pin from above to verify its length, if you have Pins with an interior weld bead, align the slot in the plug with the weld before inserting. The allowable tolerance in Pin wall thickness means that some plugs will fit high in the end of the Pins, and some wili fit down almost to the plug shoulder. In either case, tap the point of the plug with a hammer to seat it finnly enough in the end of the Pin. so that it will not drop out as you slide it through the Pier sleeves. Don't wony that tapping the end of the plug with the hammer wili blunt the point. This would happen anyway as the plug is driven into the soil. Point Shoulder Slot Plug Sits High in Pin Plug Sits Low in Pin Thick Wall Pin Thin Wall Pi Form# INST1211- rev 2/1/2012 ©Copyright 2012. Pin Foundations, Inc. APPENDIX D Carlsbad Storm Water Compliance Forms Tier 1 Construction SWPPP 3 V Revised 8/10/10 Bid No. PWS 13-48 PKS Page 129 of 131 ^V'ciT CARLSBAD Y O F STORM WATER COMPLIANCE FORM TIER 1 CONSTRUCTION SWPPP E-29 Develooment Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.caHsbadca.gov STORM WATER COMPUANCE CERTIFICATE ^ My project is not In a category of pennit types exempt from the Construction SWPPP requirements ^ My project Is not located inside or within 200 feet of an environmentally sensHive area with a significant potentiai for contributing pollutants to neaity receiving waters by way of storm water runoff or non-storm water discharge(s). My project does not require a grading plan pursuant to the Carisbad Grading Ordinance (Chapter 15.16 ofthe Carisbad Municipal Code) «^ My project will not result in 2,500 square feet or more of soils disturbance including any associated constmction staging, stockpiling, pavement removal, equipment storage, refueling and maintenance areas that meets one or more ofthe additional following criteria: • located within 200 feet of an environmentally sensitive area or the Pacific Ocean; and/or, • disturbed area is located on a slope with a grade at or exceeding 5 horizontal to 1 vertical; and/or • disturi)ed area is located along or within 30 feet of a stomi drain inlet, an open drainage channel or watercourse; and/or • construction will be initiated during the rainy season or will extend into the rainy season (Oct. 1 through April 30). i CERTIFY TO THE BEST OF MY KNOWLEDGE THAT ALL OF THE ABOVE CHECKED STATEMENTS ARE TRUE AND CORRECT. I AM SUBMITTING FOR CITY APPROVAL A TIER 1 CONSTRUCTION SWPPP PREPARED IN ACCORDANCE WiTH THE REQUIREMENTS OF CiTY STANDARDS. i UNDERSTAND AND ACKNOWLEDGE THAT I MUST: (1) IMPLEMENT BEST MANAGEMENT PRACTICES (BMPS) DURING CONSTRUCTION ACTIVITIES TO THE MAXIMUM EXTENT PRACTICABLE TO MINIMIZE THE MOBILIZATION OF POLLUTANTS SUCH AS SEDIMENT AND TO MINIMIZE THE EXPOSURE OF STORM WATER TO CONSTRUCTION RELATED POLLUTANTS; AND. (2) ADHERE TO, AND AT ALL TIMES, COMPLY WITH THIS CITY APPROVED TIER 1 CONSTRUCTION SWPPP THROUGHOUT THE DURATION QF THE CONSTRUCTION ACTIVITIES UNTIL THE CONSTRUCTION WORK IS COMPLETE AND APPROVED BY THE CITY OF CARLSBAD. OWNER(S)/OWNER'S AGENT NAME (PRINT) OWNER(S)/OWNER'S AGENT NAME (SIGNATURE) DATE STORM WATER POLLUTION PREVENTION NOTES 1. ALL NECESSARY EQUIPMENT AND MATERIALS SHALL BE AVAILABLE ON SITE TO FACILITATE RAPID INSTALLATION OF EROSION AND SEDIMENT CONTROL BMPS WHEN RAIN IS EMINENT. 2. THE OWNER/CONTRACTOR SHALL RESTORE ALL EROSION CONTROL DEVICES TO WORKING ORDER TO THE SATISFACTION OF THE CITY ENGINEER AFTER EACH RUN-OFF PRODUCING RAINFALL. 3. THE OWNER/CONTRACTOR SHALL INSTALL ADDITIONAL EROSION CONTROL MEASURES AS MAY BE REQUIRED BY THE CITY ENGINEERING OR BUILDING INSPECTOR DUE TO UNCOMPLETED GRADING OPERATIONS OR UNFORESEEN CIRCUMSTANCES WHICH MAY ARISE. 4. ALL REMOVABLE PROTECTIVE DEVICES SHALL BE IN PLACE AT THE END OF EACH WORKING DAY WHEN THE FIVE (5) DAY RAIN PROBABILITY FORECAST EXCEEDS FORTY PERCENT (40%). SILT AND OTHER DEBRIS SHALL BE REMOVED AFTER EACH RAINFALL. 5. ALL GRAVEL BAGS SHALL BE BURLAP TYPE Wn-H 3/4 INCH MINIMUM AGGREGATE. 6. ADEQUATE EROSION AND SEDIMENT CONTROL AND PERIMETER PROTECTiON BEST MANAGEMENT PRACTICE MEASURES MUST BE INSTALLED AND MAINTAINED. SPECIAL NOTES PROJECT INFORMA-nON Site Address: Assessor's Parcel Number:, Project ID: Construction Pennit No. Estimated Construction Start Date Project Duration Months Emergency Contact: Name: 24 hour Phone: Perceived Threat to Storni Water Quality Q Medium • Low if medium box is checlted, must attach a site plan sheet showing proposed woric area and location of proposed stnictural BMPs For City Use Oniy CITY OF CARLSBAD STANDARD TIER 1 SWPPP Approved By:. Date: E-29 Page 1 of 3 REV 4/30/10 Erosion Control BMPs Sediment Control BMPs Best Management Practice (BMP) Description -> Geotextiles & Mats Wood Muk:hing Eartii Dikes and Drainage Swales Siope Drains SiK Fence Sediment Trap Check Dam Fiber Rolls Gravel Bag Bemn Sbreet Sweeping and Vacuunvng Sandbag Bamer Storm Drain Inlet Protection Stabilized Constiuction Ingress/Egress Stabilized Constmction Roadway Water Consen/ation Practices Paving and Grinding Ooerations Potable Water/lmgation VeNde and Equipment Cleanino Material Delivery and storaae Material Use Stockpile Management Spill Prevention and Control Solid Waste Manaoement Hazardous Waste Manaoement Concrete Waste Manaoement CASQA Designation -> Construction Activity EC-7 «? o Ul EC-9 EC-11 SE-1 SE-3 SE-4 SE-5 SE-6 SE-7 SE-8 SE-10 TR-1 TR-2 NS-1 NS-3 NS-7 NS-8 WM-1 WM-2 i WM-4 WM-5 WM-6 WM-8 Grading/Soil Disturbance Trenching/Excavation Stockpiling Drilling/Boring Concrete/Asphalt Saw cutting Concrete flatwork Paving Conduit/Pipe Installation Stucco/Mortar Wortc Waste Disposal Staging/Lay Down Area Equipment Maintenance and Fueling Hazardous Substance Use/Storage Dewatering Site Access Across Dirt other (list): Tracking Control BMPs Non-Storm Water Management BMPs Waste Management and Materials Pollution Control BMPs Instmctions: Begin by reviewing the list of construction activities and checking the box to the left of any activity that will occur during the proposed constmction. Add any other activity descriptions In the blank activity description boxes provided for that purpose and place a check in the box immediately to the left ofthe added activity description. For each activity descrribed, pick one or more best management practices (BMPs) from the list located along the top of the form. Then place an X in the box at the place where Uie activity row intersects with the BMP coiumn. Do this for each activity that was checked off and for each of the selected BMPs selected from the list. For Example - If the project includes site access across dirt, then check the box to the left of "Site Access Across Dirt". Then review the list for something that applies such as "Stabilized Constmction Ingress/Egress" under Tracking Control. Follow along the "Site Access Across Dirt" row until you get to the "Stabilized Construction Ingress/Egress" column and piace an X in the box where the two meet. As another example say the project included a stockpile that you intend to cover with a plastic sheet. Since plastic sheeting is not on the list of BMPs, then write in "Cover with Plastic" in the blank coiumn under the heading Erosion Control BMPs. Then place an X in the box where the "Stockpiling" row intersects the new "Cover with Plastic" column. To learn more about what each BMP description means, you may wish to review the BMP Reference Handout prepared to assist applicants in the selection of appropriate Best Management Practice measures. The reference also explains the California Stormwater Quality Association (CASQA) designation and how to apply the various selected BMPs to a project. 6 2 of 3 RP'-^30/10 Scale of map Site IVlap Features displayed on the map must include: • An outline of the entire property • Location and brief description of construction activity areas (e.g. grading, buiiding, trenching, fueling areas, waste container area, wash racks, hazardous material storage areas, etc.) • Location and flow direction arrows for existing drainage facilities (ditches, channels, inlets, storm drains, etc.) • Location of existing storm water BMP controls (sediment basins, oil/ water separators, sumps, etc.) • Location of proposed storm water BMP controls with brief description or legend reference £-29 Page 3 of 3 REV 4/30/10 APPENDIX E Regulatory Agency Permits (on file in the Carlsbad Parks and Recreation Administration Office) Revised 8/10/10 Bid No. PWS 13-48 PKS Page 130 of 131 APPENDIX F Geotechnical Evaluation of Lake Calavera Boardwalk Trails Carlsbad, California prepared by Ninyo & Moore Geotechnical and Environmental Sciences Consultants dated July 2,2013 (on file in the Carlsbad Parks and Recreation Administration Office) Revised 8/10/10 Bid No. PWS 13-48 PKS Page 131 of 131