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Home My WebLink AboutNative Landscape Inc; 2000-08-11; 3593-3CITY OF CARLSBAD San Diego County California OPEN MARKET CONTRACT DOCUMENTS AND SPECIAL PROVISIONS FOR FARADAY AVENUE EXTENSION COASTAL SAGE SCRUB MITIGATION SITE PLANTING CONTRACT NO. 35933 2/26/99 e TABLE OF CONTENTS r item Paae NOTICE INVITING BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 CONTRACTOR’S PROPOSAL . . . . . . . . . . . . . . ..*............................................................................. 5 DESIGNATION OF SUBCONTRACTORS . . . . . . . . . . . ..~.............................................................. II BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 BIDDER’S CERTIFICATE OF INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 BIDDER’S STATEMENT RE: DEBARMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMIlTED WITH BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 CONTRACT - PUBLIC WORKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..*........... 20 ESCROW AGREEMENT FOR SURETY DEPOSITS IN LIEU OF RETENTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 SPECIAL PROVISIONS * ,*.. I. SUPPLEMENTARY GENERAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 II. SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, PART 2, CONSTRUCTION MATERIALS . . . . . . . . . . . . . 55 Ill. SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, PART 3, CONSTRUCTION METHODS . . . . . . . . . . . . . . . . 65 APPENDICES A. COASTAL DEVELOPTvlENl-PERMlT CDP 98-39 B. MITIGATED NEGATIVE DECLARATION CASE NO. CDP 98-39 C. HABITAT LOSS PERMIT 4(d) DATED JANUARY 20,1999 D. HABITAT LOSS PERMIT 4(d) DATED APRIL 6,1999 E. STATE WATER RESOURCES CONTROL BOARD NOTICE OF INTENT WDID #9375310687 i 2/26/99 CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS ,.-- Sealed bids will be received at the Office of the Purchasing Officer, at the Purchasing Department at the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, until 4:00 P.M. on the 3ti day of May, 2000, for performing the work as follows: FARADAY AVENUE COASTAL SAGE SCRUB MITIGATION SITE PLANTING OPEN MARKET CONTRACT NO. 35935 The work shall be performed in strict conformity with the specifications on file with the Public Works Department. The specifications for the work include the Standard Soecifications of Public Works Construction, 2000 Edition, and supplements thereto, all hereafter designated “SSPWC” as issued by the Southern California Chapter of the American Public Works Association and as amended by the special provisions sections of this contract. Reference is hereby made to the specifications for full particulars and description of the work. 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 and where appropriate. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by another jurisdiction in California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. The documents which must be completed, properly executed, and notarized are: 1. Contractor’s Proposal 5. Bidder’s Statement of Financial Responsibility 2. Non-Collusion Affidavit 6. Bidder’s Statement of Technical Ability and 3. Designation of Subcontractors Experience and Amount of Subcontractors 7. Bidder’s Statement re: Debarment Bids 8. Bidder’s Disclosure of Discipline Record 4. Certificate of Insurance the riders 9. The Open Market Contract-Public Works covering the City, its officials, 10. Escrow Agreement for Security Deposits (optional) 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 Pursuant to California Public Contracts Code section 4104(a)(2)(A) portions of the information required on documents number four and five, above, may be submitted by the bidder up to twenty-four (24) hours after the deadline for submitting bids contained in this “Notice Inviting to Bids”. -l- 2/26/99 /c All bids will be compared on the basis of the Engineer’s Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The City’s Estimate is $23,041 .OO. No bid shall be accepted from a contractor who is not licensed in accordance with the provisions of California state law. The contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. The following classifications are acceptable for this contract: A, C27, in accordance with the provisions of state law. A City of Carlsbad Business License is required for all contractors and sub contractors. If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% 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. Sets of plans, special 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 $10.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. 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 general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the Sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code and Section 4100 et seq. of the Public Contracts Code, “Subletting and Subcontracting Fair Practices Act.” The City Engineer is the City’s “duly authorized officer’ for the purposes of Section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with Section 1720 shall apply to the Contract for work. 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. Questions are to be faxed to the Public Works-Engineering Department, (760) 602-8562, Attention: Sherri Howard, no later than six (6) working days prior to bid opening. Faxes received after 5:00 p.m., April 26, 2000, will not be responded to. To verify a fax has been received, call (760) 602-2756. A pre-bid meeting and tour of the project site will not be held. The bidder is responsible for reviewing the site. -2- 2/26/99 ,- All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy. between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. 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. The following items will be “sole sourced”. 0 HUNTER PGS-ADV-04 G-type shrub rotor, adjustable, with check valve. #4 nozzles (1.6 GPM @ 50 PSl/34’ radius) 0 RAINBIRD 200 PEB-PRS-B 2” PEB series electric remote control valve with PRS-B pressure regulator with latching solenoid 0 lrritrol ICBO - 4 plus battery powered controlled (if required) 0 RAINBIRD 33 DNP non-potable quick coupling valve /-- The Faraday Avenue Extension (Street Improvements) Project No. 3593-2 is currently under construction as a public works project by MJ Koch, Inc./El Cajon Grading & Engineering Co., Inc. joint venture. Work shall be coordinated so as not to disrupt the construction activities. All work performed for the Faraday Avenue Extension (Street Improvements) is within the “right-of-way”. A copy of the plans and specifications for the Faraday Avenue Extension (Grading and Drainage) Project No. 3593, Faraday Avenue Extension (Street Improvements), Project No. 3593-2 and the Conceptual Mitigation and Monitoring Plan for Faraday Avenue Extension are available for review at the City of Carlsbad Faraday Center Engineering Counter located at 1635 Faraday Avenue, Carlsbad, California, between the hours of 7:30 a.m. to 5:30 p.m., Monday through Thursday, and 8:00 a.m. to 5:00 p.m., Fridays. The City of Carlsbad has contracted with Native Landscape to perform weed eradication a minimum of one time prior to the initiation of this contract. When prospective bidders visit the site, they shall check in with the onsite foreman/ superintendent for the project. Visitors shall wear orange vests. The site is locked. The current contractor’s working hours are 7:00 a.m. to 3:30 p.m. There currently is a controller adjacent to the site. All stations are currently in use. It is anticipated that stations will be available in May 2000. If stations are not available, a controller will be required. An additive alternative bid item has been included for an addition controller. Faraday Avenue is currently under construction. It is anticipated that all work can be completed rc prior to the opening of Faraday Avenue to traffic. If the work is not completed prior to the opening of Faraday Avenue to traffic, traffic control may be necessary to complete the planning. -3- 2/26/99 Insurance is to be placed with insurers that have (1) a rating in the most recent Best’s Key Rating Guide of at least A-:V, and (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 and (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. The auto insurance certificate must state the coverage is for “any auto” and cannot be limited in any manner. 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 is contingent upon the Contractor submitting the required insurance as described in the contract, within twenty days. If the contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security may be forfeited. The prime contractor and subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. BY SUBMITTING A BID YOU ARE INDICATING THAT YOU ARE CAPABLE OF- AND WILLING TO OBTAIN INSURANCE THAT MEETS THESE REQUIREMENTS. WORK ON THIS PROJECT WILL NOT BEGIN UNTIL THE SUCCESSFUL BIDDER HAS SUBMITTED PROOF THAT THE PROPER INSURANCE HAS BEEN OBTAINED. PROOF OF PROPER INSURANCE MUST BE RECEIVED BY THE CITY WITHIN 20 BUSINESS DAYS OF NOTIFICATION OF AWARD, OR AWARD MAY BE WITHDRAWN. . w /3,Aooo Date( Ruth %tcher, PurchasinTOfficer -4- 2126199 i , - CITY OF CARLSBAD OPEN MARKET CONTRACT NO. 3593-3 FARADAY AVENUE EXTENSION COASTAL SAGE SCRUB MITIGATION SITE PLANTING CONTRACTOR’S PROPOSAL City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008-l 989 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Open Market Contract No. 3593-3 in accordance with the Plans and Specifications of the City of Carlsbad, and the Special Provisions and that he/she will take in full payment therefor the following unit prices for each item complete, to wit: Item -No. Descriotion 1 Mobilization at Approximate Quantity and Unit 1 LS Dollars (Lump Sum) 2 Site prep (incl. track walking) at 54,450 SF Dollars per Square Foot 3 Soil amendment at Dollars per Square Foot 4 Weed abatement at Dollars per Square Foot 5 Baccharis pilularis (l-gallon) at Dollars Each 54,450 SF 54,450 SF 25 EA Unit Price \,ObO 2/26/99 - Item No. 6 7 8 9 10 11 12 13 14 15 Descrbtion lsomeris arborea (l-gallon) at Approximate Quantity Unit and Unit Price Total 19EA &I@0 /,bsl Dollars Each Malosma Laurina (l-gallon) at 25 EA Dollars Each Mimulus Puniceus (l-gallon) at 38 .EA Dollars Each Opuntia spp - cuttings at 25 EA \ qJ< Dollars Each Rhus integrifolia (l-gallon) at 38 EA Dollars Each Salvia mellifera (l-gallon) at Dollars Each Sambucus mexicana @-gallon) at 8 EA Dollars Each Stipa pulchra-liners or 4” pots at 313 EA Dollars Each Xylococcus bicolor (5gallon) at 13 EA Dollars Each Yucca shidigera - cuttings at 13 EA Dollars Each 2w 390 -6- 2/26/99 Approximate Quantity and Unit 54,450 SF Unit Price - Item No, 16 Descriotion Hydroseed Mix “A” (CSS) at Dollars per Square Foot -43-- 17 81 EA Shrub rotor (incl. fittings) at Dollars Each 18 Remote control valve (incl. fittings) at 3 EA Dollars Each 19 1 EA Gate valve (incl. fittings) at Dollars Each 20 1 EA Quick coupler valve (incl. fittings) at Dollars Each 21 Control wire at 250 LF Dollars per Linear Foot 2-l/2” PVC main line at 22 10 LF Dollars per Linear Foot 2” PVC lateral line at 580 LF 23 Dollars per Linear Foot 1” lateral line at 24 120 LF Dollars per Linear Foot 3/4 ” lateral line at 25 2,000 LF Dollars per Linear Foot -7- 2/26/99 Approximate -Quantity and Unit 1 LS .- Item No. DescriDtion 26 Misc. Irrigation fittings at Dollars (Lump Sum) 27 Irrigation system program and set-up at Dollars (Lump Sum) 28 Fencing at Dollars per Linear Foot 29 120-day maintenance period at Dollars (Lump Sum) 30 Clean-up and disposal at Dollars (Lump Sum) Additive Alternative 1 - Irrigation Controller at Dollars Each Additive Alternative 2 - Traffic Control as required by engineer per Section 3-3 SSPWC at five hundred dollars TOTAL Unit Price km 1 LS 230 LF 1 LS NR 1 LS 1 EA ms40 N/A N/A $500.00 Total amount of bid in words: %uP(~-~~-~LJ D J Total amount of bid in numbers: $ aa, 9 $!I 9 Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). included in this proposal. has/have been received and is/are The Undersigned has checked carefully all of the above figures and understands that the City ;,lis r; be responsrble for any error or omissron on the part of the Understgned In prepanng . . . The Undersigned agrees that in case of default in executing the required Contract with r necessary [ ] Bonds [applicable only if checked] and insurance polices within twenty (20) days from the date of award of contract by the City the City may, administratively authorize the -ward of the contract to the second or third lowest ’ lH!Ff ED, \i.-i i-.i,‘c&[: j /JhJ E,ECORDED: -8- 5=-.3-2~& DAE si&$=g The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to --IO business or act in the capaci of a contractor within the State of Califo ‘a, validly licensed under license number z which expires on I\ 13 , classification C - Z!4 / otl correct and has the legal%ect of an affidavit. A bid submitted to the City by a Contractor who is 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. Public Contract Code ’ 20104. The Undersigned bidder hereby represents as follows: I. 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. 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 - :omply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. (3) Place of Business (4) Zip Code Telephone No<.7 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) -9- , ,* ,- (3) (4) Place of Business City and State Zip Code (Street and Number) Telephone No. IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted (2) y c IA-It Signature ’ - ip/‘4s\&e Titlk Impress Corporate Seal here (3) Incorporated under the laws of the State of cq \ ( ‘- (4) Place of Business 3 4L, \a. L LA I (Strmumber) City and State E<&JJ ,& (5) Zip Code ?%A3 Telephone No. 3 (PO 73 ,r--% 7oa . NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL SIGNATORIES MUST BE AlTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: . - -lO- 2/26/99 ALIFORNIA ALL-PURPOSE ACKNOW’LEDGMENT State of QLmwrA County of On z! =O before rne,flt* /? ~W@&??E I m&&J Date Name and ;tie of Officer (e.g., “Jane Doe, Notary P&c”) personally appeared 3 Mame of Signer(s) )%Q!rersonally known to me Cl 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. 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 document. Description of Attached Document Title or Type of Document: 1-b -3+0-L Document Date: Number of Pages: 1 fi Signer(s) Other Than Named Above: li)wEt I Capacity(iefilaim by Signer(s) Signer’s Name: JV T\ El Individual q Partner - 0 Limited q General 0 Attornev-in-Fact q Trustee- 0 Guardian or Conservator 0 Other: Signer’s Name: Cl Individual 0 Corporate Officer Title(s): q Partner - q Limited q General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: L Q 1996 National Notary Association - 8236 Remmet Ave., P.O. Box 7184 * Canoga Pa&, CA 91309.7184 Pmd. No. 5907 Reorder: Call Toll-Free l-900-976-6827 /- DESIGNATION OF SUBCONTRACTORS (To Accompany Proposal) The Contractor certifies he/she has used the sub-bids of the following listed Contractors in making up his/her bid and that the sub-contractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with applicable provisions of the specifications and Section 4100 et seq. of the Public Contracts Code -- “Subletting and Subcontracting Fair Practices Act.” No changes may be made in these subcontractors except upon the prior approval of the City Engineer of the City of Carlsbad. The following information is required for each sub-contractor. Additional pages can be attached if required: This project does does not have bid items designated as “SPECIALTY ITEMS.” Items of Work Full Comoanv Name )(\ bAJL-- Complete Address Phone No. with Zip Code & Area Code -ll- 2/26/‘99 AMOUNT OF SUBCONTRACTORS’ BIDS (To Accompany Proposal) The bidder is to provide the following information on the subbids of all the listed subcontractors as part of the sealed bid submission. Additional pages can be attached, if required. Full Comoanv Name Type of State Contracting License & No. Carlsbad Business Amount of Bid License No.* f$ or %). l Licenses are renewable annually. If no valid license, indicate “NONE.“’ Valid license must be obtained prior to submission of signed Contracts. - 12- 2/26/99 -- ‘C #- BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) Copies of the latest Annual Report, audited financial statements or balance sheets may be submitted under separate cover marked “CONFIDENTIAL.” - 13 - 2126199 BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, whtch will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. 11, ikaiuj$?hofie+Jck, Typeiof Amount @+&yeE’. :j ’ of -Pers,on 40 Work of :I I, yi: :: :q; ,_ : ri:;; :. ._ ;&+@, > :. Contract \ ,5L2.cT !a-. co ‘cor*h4e SIrA- sdecl fl-!+:h+ 4, d-9. - - 14- 2/26/99 BIDDER’S CERTiFlCATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS’ - LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS’ COMPENSATION (To Accompany Proposal) As a required part of the Bidder’s proposal the Bidder must attach either of the following to this page. Certificates of insurance showing conformance with the requirements herein for: Comprehensive General Liability Employer’s Liability Automobile Liability Workers Compensation Statement with an insurance carrier’s notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Employer’s Liability, Automobile Liability and Workers Compensation in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract a must: (1) meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Special Provisions for this project for each insurance company that the Contractor proposes, and (2) cover anv vehicle used in the performance of the contract, used onsite or offsite, whether Ined, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for “any auto” and cannot be limited in any manner. - 15- 2/26/99 andscape Contractors t, Isurance Services, Inc. ONLY AND CONFE IRS NO RIGHTS UPON THE CERTIFICATE _._- ..- . ..- ..- -. -.. ..- --..... .-.. ~- l3TIlzIPATIC n*ee .,n-r A..C.Irh C”TC.ln r\cI HOLDER. THIS CEn, ,r,bm I c YVE~ IIV I ~~,IIcI~(u, tzn I CI.Y VR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 9 N. Fine Avenue Fresno, CA 93727 Atin: INSURED Native Landscape Inc. Ardis Peery 9746 Tamarack Lane Escondido, CA 92029 Ext: COMPANIES AFFORDING COVERAGE COMPANY Everest National Insurance Co. A COMPANY Fremont Compensation Insurance B COMPANY C 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 RESPECTTO 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. I co LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MMIDDtYY) DATE (MMIDDIW) LIMITS GENERAL LIABILITY x COMMERCIAL GENERAL LIABILIN a:$itljl' g'ii@i * <j$&:j I CLAa4S MADE x OCCUR 17ooo(Jo()12-gg1 x OWNER’S 8, CONTRACTOR’S PROT X XCU-Coverage GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMPIOP AGG $ 2,000,000 I, 07/18/1999 07/18/2000 ~;~c;u~E;~uRy ; 1,000,000 1,000,000 FIRE DAMAGE (Any one tire) $ 100,000 MED EXP (Any one person) $ s,ooo] I AUTOMOBILE LIABILITY x ANYAUTO COMBINED SINGLE LIMIT $ 1,000,000 I ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) 0 A ,-x 1700000013-991 HIRED AUTOS 07/18/1999 07/18/2000 : NON-OWNED AUTOS BODILY INJURY (Per accident) t PROPERTY DAMAGE $ I GARAGE LIABILIN AUTO ONLY - EA ACCIDENT $ I ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT 5 ,. . .,,. .._ . AGGREGATE $ I I EXCESS LIABILIN EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ I CXOO-716097-04 OTHER THAN UMBRELLA FORM $ 04/01/2000 L,000,~000 1,000,000 I OFFICERS ARE: OTHER x EXCL givenfornon-paymentof premiumsor~ EL DISEASE _ EA EMPLOYEE $ 1,000,000 reporting of payroll. OF OPERATlONS/LOCATlONS/VElilCLES/SPECIAL ITEMS Landscapers for Faraday Avenue Extension Coastal Sage Scrub Mitigation Site Planting ontract #3593-3 ( See attached CC2010 > revises the certificate dated OS-15-OO*** City of Carlsbad Purchasing Department 2075 Las Palmas Drive Carlsbad, CA 92009-1576 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WlLLb@&xw MAIL -DAYS WRll-TEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 30 -Pm-mm-xx ~x#~~~wxxxxxxx AUTHORIZED REPRESENTATIVE Irene Torres/LISA POLICY NUMBER: ~7000000~2-~9~ ” , COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Eff. Date: 05/15/00 Native Landscape, Inc. SCHEDULE Name of Person or Organization: City of Carlsbad Purchasing Department 2075 Las Palmas Drive Carlsbad, CA 92009-1576 RE: Landscapers for Faraday Avenue Extension Coastal Sage Scrub Mitigation Site Planting Contract #3593-3 ,- (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of “your work” for that insured by or for you. PRIMARY INSURANCE CLAUSE It is agreed that this insurance is primary as respects any insurance maintained by the certificate holder and that any such insurance maintained by the certificate holder is excess and non-contributory with this policy. CANCELLATION CLAUSE...Should any of the above policies be canceled before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named above. CG201011 85 Copyright, Insurance Services Offices, Inc., 1984 - BIDDER’S STATEMENT RE: DEBARMENT (To Accompany Proposal) 1. Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? yes 2. If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred party debarred agency agency period of debarment - period of debarment BY CONTRACTOR: - 16- 2/26/99 - BIDDER’S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding. a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within IO years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License board, P.O. Box 26000, Sacramento, California 95826. 1. Have you ever had your contractor’s license suspended or revoked by the California Contractors’ State license Board two or more times within an eight year period? yes no 2. Has the suspension or revocation of your contractors license ever been stayed? Yes no 3. Have any subcontractors that you propose to perform any portion of the Work ever had their contractor’s license suspended or revoked by the California Contractors’ State license Board two or more times within an eight year period? yes no 4. Has the suspension or revocation of the license of any subcontractor’s that you propose to perform any portion of the Work ever been stayed? Yes no 5. If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefor. (Attach additional sheets if necessary) - 17- 2/26/99 ,- BIDDER’S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) 6. If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the paity who’s discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. (Attach additional sheets if necessary) BY CONTRACTOR: - 18- 2/26/99 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMIlTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 State of California 1 County of % I&&G& i “’ )S ML/ (Name df Bidder) I 9 being first duly sworn, deposes and says that he or she is R-eS&&-- (Title) of N WhQ Ls4dmGwd ) &lAC .Y , (Name of Firm) J the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that 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, or to secure any advantage against the public body awarding the contract of anyone i&rested in the proposed contract; that all statements contained in the bid are true; and, further, the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that th executed on the 2 * day of is true and correct and that this affidavit was ,200O. T Pa- Signature of Bidder - Subscribed and sworn to before me on the 2 qzb day of ,20 00 I (NOTARY SEAL) - 19- 2/26/99 OPEN MARKET CONTRACT-- PUBLIC WORKS This agreement is made this and between the Citv of Carlsbad. Cal ,20 od , by oration, (hereinafter called “City”), and NATIVE LANDSCAPE, I-NC. whose principal place of business is 9746 TAMARACK LANE, ESCONDIDO, CA 92029 (hereinafter called “Contractor”.) City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Open Market Contract documents for: FARADAY AVENUE EXTENSION COASTAL SAGE SCRUB MITIGATION SITE PLANTING OPEN MARKET CONTRACT NO. 3593-3 (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 Open Market Contract Documents. 3. Open Market Contract Documents. The Open Market Contract Documents consist of this Contract, Notice Inviting Bids, Contractor’s Proposal, Designation of Subcontractors, Bidder’s Statements of Financial Responsibility and Technical Ability, Non-collusion Affidavit, Escrow Agreement, the Plans and Specifications, the Special 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 Open Market Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor’s expense to fulfil1 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 Open Market Contract Documents, and the City’s decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Pavment. 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 Standard Specifications for Public Works Construction (SSPWC) 1994 Edition, and the 1995 and 1996 supplements thereto, hereinafter designated “SSPWC”, as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Special Provisions section of this contract. The project manager will close- thee&mate of work completed for progress payments on the last working day of each month. -2o- 2/26/99 5. - 6. 7. 8. .I Independent Investiqation. 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. 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. Differina Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Phvsical 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. lmmiaration Reform and Control Act. Contractor certifies he is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC Sections 1101-1525) and has complied and will comply with these requirements, including, but n~ot limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. Prevailina Waae. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, Section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, Section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. -21- 2/26/99 9. Indemnification.~ Contractor shall assume the defense of, pay all expenses of defense, and - indemnify and hold harmless the City, and its officers and employees, from all claims, loss, - damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. Said insurance shall meet the City’s policy for insurance as stated in Resolution No. 91-403. (A) COVERAGES AND LIMIT-: Contractor shall maintain the types of coverages and minimum limits indicted herein: 1. Comprehensive General Liabilitv 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 insureds. - 2. Automobile Liabilitv Insurance: $1 ,OOO,OOO combined single limit per accident for bodily injury and property damage. In addition, the auto policy must 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. The auto insurance certificate must state the coverage is for “any auto” and cannot be limited in any manner. 3. Workers’ Comoensation and Emolovers’ Liabilitv Insurance: Workers’ compensation limits as required by the Labor Code of the State of California and Employers’ Liability limits of $1,000,000 per incident. Workers’ compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) ADDITIONAL PROVISIONS- Contractor shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions. General Liability and Automobile Liability Coverages: 1. The City, its officials, employees and volunteers are to be covered as additional insureds 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. - - 22 - 2/26/99 I 2. 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. - 3. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. 4. Coverage shall state that the contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. (C) “CLAIMS MADE” POLICIES-- If the insurance is provided on a “claims made” basis, coverage shall be maintained for a period of three years following the date of completion of the work. (D) NOTICE OF CANCELLATION- Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be suspended, voided, canceled, or reduced in coverage or limits except after thirty (30) days’ prior written notice has been given to the City by certified mail, return receipt requested. (E) 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. (F) 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. (G) 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. (H) ACCEPTABILITY OF INSURERS-- Insurance is to be placed with insurers that have a rating in Best’s Key Rating Guide of at least A-:V, and are authorized to transact the business of insurance by the Insurance Commissioner under the standards specified in by the City Council in Resolution No. 91403. (I) 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 work commences. (J) COST OF INSURANCE- The Cost of all insurance required under this agreement shall be included in the Contractor’s bid. -23- L , I 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in - accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in the Special Provisions I section. 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) 0% ((3 - (E) (F) W 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. 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. Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. Penaltv Recoverv. If the City of Carlsbad seeks to rewver penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees. 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. 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. 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. I have read and understand all provisions of Section 11 above. -at- tl I) (Initial) 12. 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. 13. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with Sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor’s principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of - any change of address of such records. _ - 24 - 2/26/99 14. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with Section 1720 of the Labor Code are incorporated herein by reference. 15. Securitv. 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. 16. Provisions Reauired bv Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. . . . . . . . . . r.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .*. . . . . . . . . . . . . . . . . . . *.. . . . . . . . . . . . . . . . . . . - 25 - 2126199 Personnel List Contractor License # 655602 Click on the person’s name to see a more detailed page of information on that person. Name Title Assod~atiun Date Disassociatiriti Date Class More Class PEERY, ARDIS RMO/P 1 o/02/1 992 C27 More License Number Request Contractor Name Request Personnel Name Request Salesperson Request Salesperson Name Request P~~s~~nef ~~~~i~ Contractor License # 655602 Name: ARDIS PEERY AKA: ARDIS PEERY FROMME TITLE AND CLASS HISTORY SOLE OWNER C27 LANDSCAPING 10/02/1992 10/10/1997 C27 LANDSCAPING 10/10/1997 08/27/1999 C27 LANDSCAPING 08/27/l 999 BOND HISTORY J Percent % Surety Compisany Bond Bond Number Amount Effective Date 10/10/1997 CaticelMdn Date -quest Contractor Name Request Personnel Name Reauest Salesperson Name Request 17. Additional Provisions. Any additional provisions of this agreement are set forth in the “General _- Provisions” or “Special 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 By: (sign here) (print name and title) . -26- 2126199 - . - . ~LIFORNIA ALL-PURPOSE ACKNOWLE~O~MENT I Date l 2ow before me, Name and Title of Officer (e.g., ‘Jane Doe, Notary Public”) personally appeared kb,s -%%&J I Name(s) of Signer(s) J%Z@ersonally known to me q 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. 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 document. Description of Attached Document Title or Type of Document: Document Date: f%wwaaq Named Above: f\-;b* Number of Pages: 0 Partner - q Limited q General 0 Attornev-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Signer’s Name: Cl Individual q Corporate Officer Title(s): 0 Partner - q Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: l-l 0 1996 National Notary Association l 6236 Remmet Ave., P.O. Box 7164 * Canqfa Park, CA 91309-7164 Prod. No. 5907 Reorder: Call Toll-Free t-800-876-6627 - Native Landscape 9746 Tamarack Lane Escondido, Ca. 92029 Ph. (760) 735-8700 Fx. (760) 735-8725 CERTIFICATE OF SECRETARY I, Ardis Peery, the duly appointed and acting Secretary of Native Landscape, Inc., certify that: Ardis Peery is the duly appointed and acting President, Secretary and Chief Financial Officer of Native Landscape, Inc., having being so appointed by a resolution of the Board of Directors at its last annual meeting. 7h-d~~ Date *- c r 11, _ ,-Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant aasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City AttorneA -27- 2/26/99 OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called “City” and whose address is hereinafter called “Contractor” and whose address is hereinafter called “Escrow Agent.” For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to Section 22300 of the Public Contract Code of the State of California, the contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for 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 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 I 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. - 28 - 2126199 ,- 5. 6. 7. 8. 9. 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. 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. 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. 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. The Escrow Agent shall rely on the written notifications from the City and the contractor pursuant to Sections (4) to (6), 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. For City: Title Name Signature Address For Contractor: Title Name Signature Address For Escrow Agent: Title Name Signature Address F 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. IO. 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: - 29 - 2126199 IN WITNESS WHEREOF, the patties have executed this Agreement by their proper officers on the date first set forth above. For City: Title Name Signature Address For Contractor: For Escrow Agent: Title Name Signature Address Title Name Signature Address -3o- 2126199 SPECIAL PROVISIONS FOR FARADAY AVENUE EXTENSION COASTAL SAGE SCRUB MITIGATION SITE PLANTING OPEN MARKET CONTRACT NO. 3593-3 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 1, GENERAL PROVISIONS SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS l-1 TERMS Add the following section: l-l.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 otherwise. Add the following section: .- l-l .2 Directions. Where words “directed”, “designated”, ” selected”, or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word “required” and words of similar import shall be understood to mean “as required to properly complete the work as required and as approved by the Engineer,” unless stated otherwise. Add the following section: l-l.3 Equals and Approvals. Where the words “equal”, “approved equal”, “equivalent”, and such words of similar import are used, it shall be understood such words are followed by the expression “in the opinion of the Engineer”, unless otherwise stated. Where the words “approved”, “approval”, “acceptance”, or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. Add the following section: l-l.4 Perform. The word “perform” shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. l-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Agency - the City of Carisbad, California. City Council - the City Council of the City of Carlsbad. City Manager - the City Manager of the City of Carlsbad or his/her approved representative. r 2126/99 Dispute Board - persons designated by the City Manager to hear and advise the City Manager on claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute -+, resolution. Engineer - the Public Works Director/City Engineer of the City of Carlsbad or his/her approved representative. The Public Works Director/City Engineer is the third level of appeal for informal dispute resolution. Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 “own organization” means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor’s Own Organization and will not be included for the purpose of compliance with section 2-3.1 of the Standard Specifications and these Special Provisions. Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee of the Agency or a public utility. Deputy City Engineer - The Project Engineer/Project Manager’s immediate supervisor and second level of appeal for informal dispute resolution. 1 Project Inspector - the Engineer’s designated representative for inspection, contract administration and first level for informal dispute resolution. Project Engineer/Project Manager - the Project Inspector’s immediate supervisor and first level of appeal for informal dispute resolution. SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS. 2-3.1 General, add the following: 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 to 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 City Council 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 City Council 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. 2-4 CONTRACT BONDS, modify as follows: Delete the third sentence of the first paragraph having to do with a surety being listed in the latest revision of U.S. Department of Treasury Circular 570. -32- 2126199 Modify Paragraphs three and four to read: 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 the amount of 100 percent of the contract price and the payment bond shall be in the amount of 50 percent of the contract price. 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 payment bond shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the 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. rC i ’ 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. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General, add the following: The specifications for the work include the Standard Specifications for Public Works Construction, (SSPWC), 2000 Edition, and hereinafter designated “SSPWC”, as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Special Provisions section of this contract. The construction plans consist of one (1) set designated as City of Carlsbad Drawing No. 369-26 and consists of 4 sheets. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRS, as issued by the San Diego County Department of Public Works, together with the City of Carlsbad Supplemental Standard Drawings. If- - 33 - 2-5.3.3 Submittals, add the following: When submitted for the Engineer’s review, Shop Drawings and/or submittals shall bear the Contractor’s certification that he has reviewed, checked, -Y 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: The shop drawings and or submittals relating shall be submitted to the Engineer for review. Submit five (5) copies of submittals unless otherwise stated. Three (3) copies will be returned to the Contractor. Number submittals using numbering system as directed by the Engineer. Shop Drawing Transmittal Form. The form included at the end of this section shall be used unless otherwise directed by the Engineer. Submit a separate form for each submittal number. Submittals without completed Contractor’s Transmittal Form attached to each copy of each submittal listed in -\ Schedule of Submittals will be returned without review and stamped “REJECTED”. Exceptions and departures from Contract Documents shall be clearly noted, along with justification for each exception or departure. Otherwise, review or approval of submittals shall not constitute approval of exceptions or departures. Stock or standard drawings will not be accepted for review unless full identification and supplementary information is shown thereon in ink or typewritten form. Review of submittals shall proceed as follows: 1. Submit specified quantity of complete submittals together with Submittal Transmittal Forms to the Engineer for review. Fold submittals to approximately g-inches by 12-inches. 2. Submittals will be stamped “NO EXCEPTION TAKEN”, “MAKE CORRECTIONS NOTED”, “AMEND AND RESUBMIT”, or “REJECTED - RESUBMIT”. Three (3) copies with letter of transmittal will be retumed to Contractor. 3. If drawing or data is stamped “AMEND AND RESUBMIT” or-REJECTED - RESUBMIT”, make necessary corrections and resubmit documents as required in Instruction 1. The Submittal Transmittal Form transmitting revised documents shall show that documents comprise a re-submittal. Revisions and re-submittals shall be numbered as Revision #l, Revision #2, or as appropriate. 4. If changes other than those noted by Engineer are made on a submittal before re-submittal, note such changes on re-submittal. -.. 5. Revise and re-submit submittals as required, until confirmation of compliance is obtained. -34- 2/26/99 /- Costs incurred by City for second and subsequent re-submittals will be deducted by the Engineer from payment due Contractor. Allow not less than 20 calendar days for review and response to submittals. Review may be delayed if contingent on receipt of other submittals. Upon timely written request by Contractor, the Engineer will make reasonable efforts to shorten review periods which may fall on Contractor’s critical path. Do not begin work described in submittals until such submittals have been reviewed and returned by the Engineer stamped “NO EXCEPTIONS TAKEN” or “MAKE CORRECTIONS NOTED”. Acceptance of delivery of products prior to receipt of the Engineer’s satisfactory return of applicable submittals shall be at Contractor’s risk. Add the following: 2-5.3.4 Initial Submittals Submit to the Engineer the following within 48 hours after bid opening. Letter identifying Contractor’s superintendent, safety officer, and traffic control coordinator, including emergency telephone numbers and signature authorization, and listing names, addresses and telephones for subcontractors. 2-5.3.5 Submittals on Engineer’s Request for Supplemental Information ,- Supplemental information will be requested for “approved equals” and may be requested when there is a question that a manufacturer’s product conforms to Contract Documents. Engineer reserves right to require submittal of supplemental information as described herein before approval of product. Certification of compliance with listed reference standards shall be submitted by manufacturers on Engineer’s request. Failure of Engineer to request certification of compliance shall not serve as waiver of Contractor’s duty to comply with reference standards. Transcripts of results of acceptance tests performed at point of manufacture of products furnished shall be submitted by manufacturers on Engineer’s request. Samples shall be submitted on Engineer’s request. Names and addresses of nearest local service representatives that maintain technical service personnel and complete inventory of spare parts and accessories shall be submitted on Engineer’s request. List of three installations in which products comparable in size, capacity and rating with those required in Contract Documents are now in regular operation shall be submitted on Engineer’s request. Include listing of size capacity or rating of each installation. Include name and telephone number of at least one reference responsible for operations at each installation whom the Engineer may contact. - 35 - Z-5.3.7 Shop Drawings/Submittals and Product Data - Shop drawings shall clearly show dimensions, clearances, slopes, floor space requirements, tolerances, conduit, anchor bolt sizes and embedments, finishes, performance characteristics, and weight and type of products. Shop drawings shall indicate the location at which products are to be installed, how equipment will be mounted, how it relates to adjacent structures or products, and how connection will be made between Work under this contract and work under other contracts. Shop drawings shall show parts lists and details of appurtenances to be furnished with specified items, along with references to appropriate ASTM, Federal Specifications and other reference standards and grades. Use of contract drawing reproductions for shop drawings is subject to rejection. Catalog data shall clearly indicate applicable items when several products are covered on one page. Using black ink, indicate on submitted catalog data, specification section or plan reference being satisfied. Installation or Application Jnstructions shall be manufacturer’s printed instructions including warranty requirements, clearances required and proper field procedures to deliver, handle, install and prepare product for use. In the absence of manufacturer’s published literature, ASTM, AWWA or trade standards for proper installation will be accepted. Operation and Maintenance Instructions shall be manufacturer’s printed instructions for correct operation and maintenance procedures for product, along with data which must accompany manual as directed by current regulations of government agency. Include operating instructions for each piece of equipment. Describe equipment function, operating characteristics, limiting conditions, operating instructions, startup procedures, normal and emergency conditions, regulation and control, and shutdown. Include preventative maintenance instructions. List warranty requirements. Explain and illustrate preventative maintenance tasks. Include lubrication charts, lists of acceptable lubricants, trouble shooting instructions, and lists of required maintenance tools and equipment. List recommended spare parts, their costs, and ordering information for one manufacturer who can supply these parts. Index instructions for easy reference. Include information for installed equipment only. -, Manufacturer’s Statement of Responsibility shall be copy of form attached, signed by authorized factory representative for manufacturer whose product is being furnished. Certification of Compliance shall certify materials have been sampled, tested and found to comply with applicable reference standards. Engineering Calculations shall be clearly legible, and shall demonstrate compliance with state and local codes, applicable standards, and contract requirements. Calculations shall be sealed by a licensed engineer. -36- 2/26/99 FROM: DATE: TO: ATTN: City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Ms. Sherri Howard Associate Engineer PROJECT NAME: Faraday Avenue Extension Coastal Sage Scrub Mitigation Site Planting PROJECT NO.: 3593-3 OWNER: City of Carlsbad Public Works 1635 Faraday Avenue Carlsbad, CA 92008 SUBMITTAL NO.: THIS IS AN ORIGINAL THIS IS A REVISION SUBMllTAL OF SUBMITTAL NO.: SUBJECT OF SUBMITTAL: SPECIFICATION SECTION(S): PLAN SHEET NUMBER(S): CONTRACTORS CERTIFICATION: Check & Complete either (A) or (B) below: - (4 We have reviewed in detail and certify that the material, equipment or construction procedure(s) contained in this submittal meet all the reauirements specified in or shown on the Contract Documents, Construction Specifications and Construction Plans with no exceptions. - (W We have reviewed in detail and certify that the material, equipment or construction procedure(s) contained in this submittal meet all the requirements specified in or shown on the Contract Documents, Construction Specifications and Construction Plans except for the followina deviations: CONTRACTORS AUTHORIZED SIGNATURE: If-- - 37 - Z/26/99 Add the following: 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 upon completion of the work. Payment for performing the work required by section 2-5.4 shall be included in various bid items and no additional payment will be made therefor. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers, substitute the following: The Contractor shall not 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 to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by a licensed land surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Licensed Land Surveyor shall file corner record(s) as required by 55 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 28.3 Survey Service, substitute the following: . The Contractor shall hire and pay for the services of a land surveyor licensed in the State of California, hereinafter Surveyor, to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. Add the following section: 2-9.3.1 Submittal of Surveying Data, All surveying data submittals shall conform to the requirements of section 2-5.3.3, “Submittals”, herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey, calculations shall be submitted in bound form on 81/2n by 11” paper. The field notes, calculations and data shall be clear and complete with name of field party chief, field crew members, preparer, date of observation or calculation, consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in conformance with the CALTRANS “Surveys Manual”. The Contractor shall have a Record of Survey prepared and filed in conformance with 5s 8700 - 8805 of the State of California Business and Professions Code showing all SDRS M-10 monuments set. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer’s review and approval before submittal to the County Surveyor and before submittal to the County Recorder. - 38 - Z/26/99 Add the following section: /-- 2-9.3.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at 50 foot intervals as measured along the project stationing unless a lesser interval is specified herein. Rough sub-grade stakes on slopes shall be set at top of cuts, toe of fills, or slope catch points and street crown lines where no median exists. Large slopes shall have line point set to aid in construction of the slope. Rough sub-grade stakes for roadway section shall be set at edge of pavement and top of curbs. Finish sub-grade stakes shall be set prior to placing subbase or aggregate base for the roadway section. The stakes shall be set at edge of pavement and top of curbs. Finish subgrade stakes for the aggregate base for the roadway section shall be at 25foot intervals at edge of pavement and top of curbs and crown line where no median exists. Intermediate stakes between edge of pavement and top of curb shall be set at 15-foot intervals by the surveyor. Finish aggregate subbase and aggregate base grade stakes shall be at 25-foot intervals at top of curb, edge of pavement, and all crown lines and grade breaks. Intermediate stakes between edge of pavement and top of curb shall be set at 15-foot intervals. Storm drain staking shall be done at 25-foot intervals. Catch basins shall be staked at centerline and each end of the local depression. Curbs/curbs and gutter shall be staked at,25-foot intervals, center line of driveways, and l/4, l/2, 3/4 delta on returns. Fills to finish grade at 25-foot intervals by the paving pass width shall be painted on the pavement prior to placing each lift of asphalt on variable thickness pavement overlays requiring leveling courses. Intersections showing specific finished asphalt grids shall be painted per the grid. Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal locations where the curb is not being built as a part of this contract. Surveyor shall mark the removal limits and limits of work line shown on the plans. The markings shall consist of continuous painted lines on asphalt and concrete surfaces and red flagged or painted laths spaced on centers no more than twenty-five feet on unimproved areas. The markings shall be completed by Surveyor and inspected and approved by the Engineer before the ,- start of construction in the area marked. Centerline monuments shall be laid out, their disk stamped, and a Record of Survey satisfactory to the Engineer filed with the County in accordance with the Professional Land Surveyors Act. Water and sewer line stakes shall be set at 25-foot intervals with offsets referencing the top and centerline of pipe on main line and laterals. For all pipeline work the pipe and each access hole, pipe material change, lateral connection, fitting, appurtenance, or hydrant location with elevations shall be staked and provided with grade stakes designating the offset of the reference point, station, elevation of reference point, cut (or fill) and feature of pipe that is referenced. Habitat mitigation sites and other areas to be preserved that are shown on the plans shall be staked and flagged at 25 foot intervals prior to the start of any other activities within the limits of the work. Add the following section: 2-9.3.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.3.2 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 therefor. Payment for the replacement of disturbed monuments and the filing of wrner records shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made therefor. 240 AUTI-IORITY OF BOARD AND ENGINEER Add the following section: 240.1 Availability of Records, The Contractor shall provide copies of all records in the Contractor’s or subcontractor’s possession pertaining to the work that the Engineer may request. - 39 - Z/26/99 Add the following section: 240.2 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. The Engineer shall have the right to monitor, assess, and evaluate Contractor’s 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. 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 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 shall maintain such data and records for as long as may be required by applicable laws and regulations. SECTION 3 -- CHANGES IN WORK 3-3 EXTRA WORK. 3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in a minor Bid Item, the use of this basis for the adjustment of payment will be limited to that portion of the change, which together will all previous changes to that item is not in excess of 25 percent of the total cost of such item based on the original quantity and Contract Unit Price. Adjustments in excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work. -. 3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: 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 & 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 rates published therein are not a part of this contract. 3-3.2.3 Markup, Delete section 3-3.2.3 from the 1995 and 1996 Supplements to the SSPWC and replace with the following: (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 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. -4o- 2126199 3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for /c I extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. 3-4 CHANGED CONDITIONS. delete the second sentence of paragraph three, delete paragraph five (5) and add the following: 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 he shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6- 7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor’s failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. “The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City’s proposed final estimate in order for it to be further considered.” The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written notice of potential claimpriorto commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. -41- 2/26/99 Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute -. resolution pursuant to Public Contract Code (PCC) provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Project Engineer/Project Manager 3. Deputy City Engineer 4. Public Works Director/City Engineer 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within IO 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 Contractors presentation of its report. The Contractor may appeal each level’s position up to the City Manager after which he may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter I, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE I .5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(l) 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)(l) “Public work” has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that “public work” does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) “Claim” means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies onty to contracts entered into on or after January 1, 1991. - 42 - Z/26/99 ,c- .’ - 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(l) 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)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency’s written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency’s written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency’s response or within 15 days of the local agency’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (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. -43- 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to 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)(l) 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 .I 1 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 .I 0) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney’s fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. SECTION 4 - CONTROL OF MATERIALS 4-l MATERIALS AND WORKMANSHIP. 4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. 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 fulfil1 this Contract. 41.4 Test of Materials, add the following: Except as specified in these Special Provisions, the Agency will bear the cost of testing materials and/or workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Special Provisions. The cost of a! other tests shall be borne by the Contractor. 1 -44- At the option of the Engineer, the source of supply of each of the materials shall be approved by him ..--. 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. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 41.6 Trade names or Equals, add the following: 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, 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. SECTION 5 -- UTILITIES 5-I LOCATION. Add the following: 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 F 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. 5-4 RELOCATION. Add the following: 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 request to the Engineer, may be permitted to temporarily omit the portion of work affected by the utility. Such omission shall be for the Contractor’s convenience and no additional compensation will be allowed therefor. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-l CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete subsection 6-1 and substitute the following: The Contractor shall begin work within ten (10) calendar days after receipt of the “Notice to Proceed” unless otherwise directed by the Engineer. Add the following section: 6-I .l 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. -45- Z/26/99 Add the following section: 6-1.3.6 Bar Chart. Prepare and submit a bar 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 critical path. 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. Add the following section: 6-l. 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”. Add the following section: 6-I .4.1 “Accepted.” The Contractor may proceed with the project work. Add the following section: 6-l .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. Add the following section: 6-l .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. 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. Add the following section: 6-l .l 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 therefor. Add the following section: 6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project Meetings. Each Project Meeting shall be attended by the Contractor’s Representative. The Project Representative shall be the individual determined under section 7-6, “The Contractor’s Representative”, SSPWC. No separate payment for these meetings will be made. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.4 Written Notice and Report. Modify as follows: 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 -46- 2/26/99 caused by the Agency or by any organization that the Agency may otherwise be obligated by. The #-- Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor’s opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefor. 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work to completion within 45 working days after the starting date specified in the Notice to Proceed to complete the irrigation installation and planting. A 120-day plant establishment period will start upon completion of the work. The Contractor shall make written request to complete the work and start the 120-day plant establishment period. 6-7.2 Working Day. Add the following: Unless otherwise 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 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. i- The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule required by section 6-l. 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. The mitigation planting site is located adjacent to protected habitat. No work in the protected habitat is permitted. The point of connection for the irrigation system is on a main line currently in use. Coordination with the Contractor is required so as not to disrupt current irrigation schedules. 6-8 COMPLETION AND ACCEPTANCE. Add the following: All work shall be warranted for one (1) year after recordation of a “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. 6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first sentence of the second paragraph and add the following: For each consecutive calendar day in excess of the time specified for compietion of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of one thousand ($1,000) dollars. Execution of the Contract shall constitute agreement by the Agency and Contractor. One thousand ($1,000) 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. -47- 2/26/99 SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR 7-3 LIABILITY INSURANCE. Add the following: All insurance is to be placed with insurers that have a rating in Best’s Key Rating Guide of at least A-:V and are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. 7-4 WORKERS’ COMPENSATION INSURANCE. Add the following: All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers’ compensation insurance. 7-5 PERMITS. Modify the first sentence to read: Except as specified herein the agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, and building permits necessary to perform work for this contract on Agency property, in streets, highways (except State highway right-of-way), railways 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 therefor. 7-5.1 RESOURCE AGENCY PERMITS. The work is a requirement of Resource Agency Permits. Resource Agency Permits are included in Appendix A - E of these special provisions. Resource Agency permits pertaining to this project include: A. Coastal Development Permit CDP 98-39 B. Mitigated Negative Declaration Case No. CDP 98-39 C. D. Habitat Loss Permit 4(d) dated January 20, 1999 Habitat Loss Permit 4(d) dated April 6, 1999 E. State Water Resources Control Board Notice of Intent WDID # 9375310687 7-7 COOPERATION AND COLLATERAL WORK. Add the following section: 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 Cteanup and Dust Control. Add the following: Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of T work that they are associated with and no additional payment will be made therefor. -48- . Z/26/99 7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a F construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. Add the following section: 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in accordance with the plans, Chapter 5 of the California Department of Transportation “Manual of Traffic Controls,” 1996 edition and these Special Provisions. If any component in the traffic control system is 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 ($20.00) I per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. Add the following section: 7-l 0.3.1 Construction Area Signs. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed, maintained and removed by the Contractor when no longer required. Care shall be used in performing excavation for signs in order to protect underground facilities. 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 travelled way or shielded from the view of the travelling public during such periods that their message does not pertain to existing conditions. 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 travelled way and shielded from the view of the travelling 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 12-3.068, “Portable Signs”, of the CALTRANS Standard Specifications; or Reflexite vinyl microprism reflective sheeting signs; or 3M high intensity reflectorized sheeting on aluminum substrate signs of Seibulite Brand Ultralite Grade Series, encapsulated lens retroreflective sheeting signs; or equal. Stationary mounted signs used for traffic control during construction of the Work shall be installed /-- on break-away sign posts as shown on SDRS drawing M-45 or on wood posts in the same manner shown on CALTRANS Standard Plans RS 1, RS 2, RS 3 and RS 4 for installation of roadside signs, except as follows: -49- 2126199 (a) Back braces and blocks for sign panels will not be required. (b) The height to the bottom of the sign panel above the edge of traveled way shall be at least 2.1 m. (c) Construction area sign posts may be installed on above ground temporary platform sign supports as approved by the Engineer, or the signs may be installed on existing lighting standards or other supports as approved by the Engineer. (d) When construction area signs are installed on existing lighting standards, holes shall not be made in the standards to support the sign. (e) The post embedment shall be 0.8-m if post holes are backfilled around the posts with 500-G 2500 concrete. (f) When break-away sign posts (SDRS M-45) are used one post shall be provided for e&h 0.48 square meters of sign area. For wood posts post size and number of posts shall be as shown on CALTRANS Standard Plan RS 2. Lumber for wood posts shall be as for sight posts. Sign panels for stationary mounted signs shall conform to the requirements of Section 206-7, “Reflective Sheeting Aluminum Signs”, and the following: (a) All rectangular sheet aluminum signs over 1375 mm measured along the horizontal axis, and all diamond-shaped sheet aluminum signs 1500 mm and larger shall be framed unless otherwise specified. (b) Frames shall be constructed in accordance with “Framing Details for Sheet Aluminum Signs,” Sheets 1 through 4 and Table 1 on Sheet 5, as published by CALTRANS. (c) Sign panel fastening hardware shall be commercial quality. Each portable sign shall consist of a base, standard or framework and a sign panel. The units shall be capable of being delivered to the site of use and placed in immediate operation. Sign panels for - portable signs shall conform to the requirements of sign panels for stationary mounted signs in 206- 7, “Reflective Sheeting Aluminum Signs”, or shall be Type IV reflective sheeting, cotton drill fabric, flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be used during the hours of darkness. Size, wlor, and legend requirements for portable signs shall be as described for stationary mounted sign panels in Section 206-7, “Reflective Sheeting Aluminum Signs”. The height to the bottom of the sign panel above the edge of traveled way shall be at least 0.3 m. All parts of the sign standard or framework shall be finished with 2 applications of an orange enamel which will match the wlor of the sign panel background. Testing of paint will not be required. If portable signs are displaced or overturned, from any cause, during the progress of the work, the Contractor shall immediately replace the signs in their original locations. Add the following section: 7-l 0.3.2 Maintaining Traffic. Attention is directed to Sections 7-l 0 SSPWC “Public Convenience and Safety.” Nothing in these Special Provisions shall be construed as relieving the Contractor from its responsibility as provided in said Section 7-10. If illuminated traffic wnes rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective wne sleeves as specified in CALTRANS “Standard Specifications”, except the sleeves shall be seven (7) inches long. The Contractor’s personnel shall not work closer than six (6) feet, nor operate equipment within two (2) feet from any traffic lane occupied by traffic. For equipment the two (2) feet 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 specifc to the time, duration and location of such waiver 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. -5o- Z/26/99 /- Personal vehicles of the Contractor’s employees shall not be parked within the traveled way, including any section closed to public traffic. Whenever vehicles or equipment are parked on the shoulder within six (6) feet of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at 25foot intervals to a point not less than 25 feet past the l&t vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted on a telescoping flag tree with flags. The flag tree shall be placed where directed by the Engineer. All construction traffic control devices shall be maintained in good order and according to the plan throughout the duration of work. During the entire construction, a minimum of two paved traffic lanes, not less than twelve (12) feet wide, shall be open for use by public traffic in each direction of travel. Add the following section: 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes in accordance with the details shown on the plans, CALTRANS “Manual of Traffic Control”, 1996 edition and provisions under “Maintaining Traffic” elsewhere in these Special Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the rC Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. The Contractor shall prepare and correct TCP 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 therefor. Add the following section: 7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and property 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. 7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the -Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. -51- SECTION 9 - MEASUREMENT & PAYMENT -> i 9-3 PAYMENT. 9-3.2 Partial and Final Payment. Modify the second paragraph as follows: 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 the Standard Specifications (SSPWC). 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 his information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. 9-3.2 Partial and Final Payment. Modify the third paragraph as follows: The Agency shall retain IO percent of such estimated value of the work done and IO percent of the value of materials so estimated to have been furnished and delivered and unused or furnished and stored as aforesaid as part security for the fulfillment of the contract by the Contractor, except that at any time after 20 percent of the work has been completed, if the Engineer finds that satisfactory progress is being made, the Agency may reduce the total amount being retained from payment pursuant to the above requirements to 5 percent of the total estimated value of said work and materials and may also reduce the amount retained from any of the remaining partial payments to 5 percent of the estimated value of such work and materials. In addition, on any partial payment made after 95 percent of the work has been completed, the Agency may reduce the amount withheld from payment pursuant to the requirements of this Section to such lesser amounts as the Engineer determines is adequate security for the fulfillment of the balance of the work and other requirements of the contract, but in no event will said amount be reduced to less than 125 percent of the estimated value of the work yet to be completed as determined by the Engineer. Such reduction will only be made upon the written request of the Contractor and shall be approved in writing by the surety on the Performance Bond and by the surety on the Payment Bond. The approval of the surety shall be submitted to the Engineer; the signature of the person executing the approval for the surety shall be properly acknowledged and the power of attorney authorizing him to give such consent must either accompany the document or be on file with the Agency. 9-3.2 Partial and Final Payment. Add paragraph 6 et seq. as follows: Afterfinal 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. - 52 - 2/26/99 ,- The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work. 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. .- i 9-3.2.1 Payment for Claims. Add the following: Written statement shall be submitted to the Agency within 30 calendar days of receipt of Final Payment for all claims for the entire project. 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 receipt of the written statement or further information, whichever is longer, for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those claims remaining in dispute. Add the following section: g-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. Add the following section: g-3.4.1 Mobllizatior-and pteparatory Work. Payment for mobilization and preparatory Work will be made at the stipulated lump-sum price bid therefor in the bid schedule. The Contract lump-sum price paid for mobilization shall not exceed one thousand dollars ($l,OOO.OO), and includes full compensation for furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incidentals, and for doing all the work involved in mobilization and preparatory work r and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidental to preparing to conduct work on and off the project site and other offsite facilities necessary for work on the project; for all other facilities, sureties, work and - 53 - 2126199 operations which must be performed or costs incurred prior to beginning work on various contract items on or off the project site, excepting those specifically paid for under separate sections of these - specifications. The Contractor hereby agrees that the stipulated lump sum amount is sufficient for Mobilization and Preparatory Work, as described in this section, and that the Contractor shall have no right to additional compensation for Mobilization and Preparatory Work. Progress payments for Mobilization and Preparatory Work will be made as follows: For the first progress payment (after the issuance of the Notice to Proceed), forty percent (40%) of the amount bid for Mobilization And Preparatory Work will be allowed. For the second progress payment, an additional sixty percent (60%) of the amount bid for mobilization and preparatory work will be allowed therefor. - 54 - 2/26/99 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 212 - LANDSCAPE AND IRRIGATION MATERIALS 212-I LANDSCAPE MATERIALS. 2.2-l .I Topsoil. Delete this section. 212-I .2.2 Manure. Delete this section. 212-l .2.3 Commercial Fertilizer. Add the following: Pre-plant fertilizer for tree, shrub and ground cover areas shall be commercial type, long lasting, non-burning, controlled release, uniform in composition, suitable for application with approved equipment, with an N-P-K analysis of 6-20-20. Apply at the rates specified in Section 308. Post-plant fertilizer for tree, shrub and ground cover areas shall be commercial type, long-lasting, non-burning, slow release, free-flowing, uniform in composition, suitable for application with approved equipment, with an approximate N-P-K nutrient ratio of 14-7-3. Trace minerals shall include approximately 2% iron (expressed metallic), 7% sulfur (elemental), 0.5% Zinc, and 0.15% Manganese. Plantina tablets shall be a tightly compressed, slow release, commercial grade fertilizer tablet with an N-P-K analysis of 20-10-5, applied as specified on the drawings and at the rates specified in Section 308. Hvdroseed fertilizer shall be a granular pre- plant fertilizer having an N-P-K analysis of 6-20-20, applied at the rate specified in Table 212- 1.2.5.1(A). unless noted differently on the plans. 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 1 (ground wood product) organic soil amendment shall be used and conform to the requirements for Type 1 Organic Soil Amendment except as modified hereinafter. Type 1 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 1 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-l .2.4(B): Table 212-I .2.4(B) ORGANIC SOIL AMENDMENT PROPERTIES Property Minimum 1 Maximum I . Dry Weight Nitrogen Table 212-I .2.4(B) ORGANIC 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 Weiqht Passing #16 Sieve 45% 65% Dry Weight Passing #30 Sieve 30% 40% Dry Weight Passing #50 Sieve 0% 10% Dry Weight Passing #lOO Sieve 0% 2% Salinity (1) (1) Iron ( Dilute acid soluble on dry weight basis) Iron ( Dilute acid soluble on dry weight basis) 1 0.08% 0.08% -- -- Ash (dry weight basis) Ash (dry weight basis) I 0% 0% 1 6.0% 6.0% OH pH 6.0 7.0 Wettability (1) (1) (1) (As Required by Table 212-1.2.4(A) SSPWC) Dry Weight Passing 25 mm (1”) Sieve Dry Weight Passing ##4 Sieve Dry Weiqht Passing #16 Sieve Dry Weight Passing #30 Sieve Dry Weight Passing #50 Sieve Dry Weight Passing #lOO Sieve Salinity YY I” I”“,” 45% 65% 30% 40% 0% 10% 0% 2% (1) (1) - 55 - 2/26/99 Add the following section: 212-1.2.7 Inorganic Soil Conditioners. Agricultural-grade ‘gypsum shall be a calcium sulfate (CaSO, H20) 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 pelletized 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 IO-mesh screen. Add the following section: 212-I .2.8 Fertilizer and Soil Amendment Submittals. Contractor shall submit to the engineer a list of all fertilizers, soil amendments, soil conditioners (organic and inorganic), and other soil additives the contractor proposes to use in the Work which conform to the requirements of the plans and specifications. Said submittals shall include, at a minimum, manufacturers data specifying material content, chemical analysis, listing of required properties specified in these specifications, nutrient ratios (N-P-K), manufacturer’s recommended application rates, warnings and restrictions. Product analysis data shall be 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 soil amendment meets the requirements of these specifications and that the testing agricultural laboratory does fulfil1 the requirements of “Western States Laboratory Proficiency Testing Program Soil and Plant Analytical Methods”. Said submittals shall be in accordance with Part 1, Section 2-5.3 Shop Drawings and Submittals. 212-l .3 Seed. Add the following: Seed mixes and types shall be as specified on the plans and planting legends, and shall be applied at the rates indicated. 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. Inert materials shall not exceed eight percent (8%) by weight. Seed shall be fresh, clean, and less than one year old from time of collection. Sources of seed shall come from similar Southern California Coastal Sage Scrub habitats south of Point Conception. Packaging: Seed shall be premixed by mechanical mixer to proportions specified for a common unit area (i.e., one acre units). All seed mixes shall be labeled by the seed supplier as to their species composition and shall be furnished in vacuum packed sealed containers with signed copies of a statement from the seed supplier certifying that each container of seed is delivered fully labeled in accordance with the California State Agricultural Code and is equal to or better than the requirements of these specifications. Seeds which become wet, moldy or otherwise damaged in storage or transit shall not be accepted. - 56 - 2126199 Add the following section: r 212-1.3.1 Seed Submittals. Prior to any seeding operations, submit to the Engineer for approval a statement from the seed supplier listing the following information: Seed varieties furnished. Seed quantities furnished of each variety (Ibs). Minimum guaranteed live seed count per pound. Minimum guaranteed germination rate (percentage). Minimum guaranteed purity (percentage). All seeds shall have the minimum purity, germination rate, and/or pure live seed count indicated on the seed lists--as verified by independent laboratory testing. Laboratory seed testing shall be the responsibility of the seed supplier. 212.1.4 Plants. 212-1.4.1 General. Add the following: Plants shall be the variety and size shown on the plans and shall conform to the requirements of these specifications. 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 clearly as to species and variety. All patented plants (cultivars) required by the plant list shall be delivered with a proper plant patent attached. 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. All plants shall comply with Federal and State laws requiring inspection for plant diseases and infestations. 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 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 Contractors expense. The Engineer reserves 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. -57- 2/26/99 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. Add the following section: 212-l .4.8 Plant Submittals. All plant material is subject to the review and approval of the Engineer. The Contractor shall provide a minimum of three samples of each plant variety in each of the sizes specified for review and approval by the Engineer. Samples shall be brought to the project site for inspection prior to installation. The Contractor shall notify the Engineer when plants are to be shipped to the project site, not less than 10 days prior to the actual shipment date. Plants will be observed for conformance to specified variety, size, form, shape, condition, pests, disease, latent defects and injury. If rejected, plants shall be removed from the site and replaced with the specified materials acceptable to the Engineer at no additional cost to the Owner. Root condition of plants furnished by the Contractor in containers will be determined by removal of earth from the roots of not less than 2 plants nor more than 2 percent of the total number of plants of 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. 1 Approved samples shall serve as the minimum standard for all plant material to be furnished. Approved samples shall remain on the site and shall be maintained for comparison with all other plant materials to be furnished. Approved samples may be incorporated into the Work after all other plant material is installed. In addition to review of samples, the Contractor shall notify the Engineer 48 hours before each plant delivery so that the Engineer can inspect the plants on the site at his option prior to their incorporation into the Work. 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. 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. Inspection certificates required by law shall accompany each shipment of plants, and certificates shall be delivered to the- Engineer. 212-l S.3 Tree Stakes. Modify as follows: Tree stakes shall be 50mm (2”) diameter turned lodgepole pine, pointed on their driven end, and treated with a copper naphthanate wood preservative by manufacturer as governed by law. - 58 - Add the following section: - 212-1.6 Hydraulic Seeding (“Hydroseeding”) Materials. , The terms Hydroseeding and Hydraulic Seeding are synonymous for the purposes of Section 212-l .6. Add the following section: 212-I .6.1 Fiber Mulch for Hydraulic Seed Planting (Hydroseeding). Hydroseed fiber mulch shall be manufactured from virgin wood cellulose fiber mulch free from any synthetic or plastic materials and shall not contain any growth or germination inhibiting factors. 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:l (horizontal: vertical) slope to pass through the membrane. Add the following section: 212-1.8.2 Wetting Agent and Dye: A non-phytotoxic wetting agent shall be added to the slurry mixture. A water soluble, non-toxic green dye shall be added in sufficient quantity to clearly delineate the planted areas. Add the following section: 212-1.8.3 ,Stabllizlng emulsion (binder). Stabilizing emulsion (binder) shall be an organic derivative such as a gum or a semi-refined seaweed extract or other similar product. Stabilizing emulsion shall be a concentrated liquid that 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-sticking 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. Binder shall be applied at the rate specified in Table 212-I .6.4(A), but shall not exceed twelve (12) gallons of water per pound of binder solids, or as recommended by the manufacturer. Binder shall be “CPA 4000”, “AZTAC”, “Ecology Control M-Binder”, or approved equal. Add the following section: 212-l .8.4 Hydroseed Slurry Mix Design. In addition to the seed mix shown on the drawings, the slurry mixture shall be mixed and applied at the rates shown in Table 212-1.6.4(A). Table 212-l .6.4(A) - 59 - 2/26/99 Add the following section: 212-1.7 Herbicides. 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. Pre-emergent herbicide for shrubs and ground cover areas planted from flats shall be Treflan, Surflan, Eptan, or approved equal. 212-2 IRRIGATION SYSTEM MATERIALS. 212-2.1.2 Steel Pipe. Delete this section. 212-2.2.4 Remote Control Valves. Add the followings: Remote Control valves shall be of the models and types specified on the drawings. Valves shall be of PVC construction to withstand a constant 150 psi pressure and 2 to 150 gpm flows. Valves shall be fitted with a latching solenoid for use with the specified battery-operated controller. Valves shall be fitted with a pressure regulating module to ensure maximum sprinkler performance. 212-2.3 Backflow Preventer Assembly. Delete this section, 212-2.1.3 Plastic Pipe for Use with Solvent Weld Socket or Threaded Fittings. Add the following: All above grade irrigation mainlines and lateral line piping for potable water use shall be new PVC UVR (ultraviolet resistant) pipe of the sizes, type and schedule or class rating shown on the plans and legends. All below grade (buried) mainline and lateral line piping for potable water use shall be new PVC pipe of -’ the sizes, type and schedule or class rating shown on the plans and legends. Below grade pressurized mainlines shall be installed with underground utility marking tape. Lateral lines (lines on the downstream side of a controller valve that will not be subject to constant pressure) will not require marking tape. All PVC pipe must bear the following markings: a. Manufacturer’s name. b. Nominal pipe size. c. Schedule or class. d. Pressure rating in P.S.I. e. NSF (National Sanitation Foundation) approval. f. Date of extrusion. 212-2.1.4 PlastlcPipe for Use with Rubber Rlng Gaskets. Delete this section. 212-2.1.5 Copper Pipe. Delete this section. 212-2.2.3 Manual-Control Valves. Delete this section. 212-2.2.5 Garden Valves. Delete this section. -6O- 2/26/99 212-2.2.7 Valve Boxes. Add the following: Valve boxes for remote control valves shall be #-- rectangular green plastic boxes designed for irrigation system use, Carson Industries #1419-128, or approved equal. Boxes for gate valves and quick coupler valves shall be IO” diameter round plastic boxes, Carson Industries #910-12B, or approved equal. All valve boxes shall be marked “RCV”, for remote control valves, “GV” for gate valves, and “QC” for quick coupler valves, Remote control valve box covers shall be marked with controller number and station number embossed on the valve cover with 2” high letters. All markings shall be embossed (branded) with a heated branding iron with lettering templates, designed for such use. Freehand drawn lettering is not acceptable. 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 (X“) 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 Identification tags. I.D. tags for remote control valves shall be manufactured from Polyurethane Behr Desopan. Tag shall be hot stamped with black letters on yellow background with the valve station number. Provide one tag for each valve, tied to the valve adjustment stem or other suitable location in valve box. Tags are available from T. Christie Enterprises, Orange, CA. Phone (714) 771-4142. 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. 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. 212-2.4.1 Additional Equipment. Contractor shall provide the following items to the Engineer: 1. Two control valve keys. 2. Two wrenches for removing each different type of sprinkler head. 3. Two quick coupler keys. The keys and hose ells shall be of the same manufacturer as the coupling valve. Add the following section: 212-2.5 Notice Regarding Reclaimed Water: This system has been designed for potable water use only. If reclaimed water is used, additional requirements will apply to this project which are not incorporated in the plans, drawings or specifications. Irrigation systems which use reclaimed water must comply with the Carisbad Municipal Water District (CMWD) Rules and Regulations for Construction of Reclaimed Water Mains, and the requirements of the San Diego Department of Environmental Health. Add the following section: 212-2.6 Material Substitutions. The contractor may submit substitutions for the specified equipment and materials by following the procedures outlined in Part 1, Section 4 Control of Materials. Substitutions must be of equivalent quality and function as the material(s) specified, in the opinion of the Engineer. No substitution will be allowed without prior written approval by the Engineer. Contractor shall provide the specified materials if the substitution is not approved. Proposals for substitutions shall include any proposed change in time or cost. -6l- 2126199 212-3 ELECTRICAL MATERIALS FOR IRRIGATION SYSTEM.‘ -Ls. 212-3.1 General. Add the following: All electrical materials shall conform to the requirements of the 1996 National Electrical Code. 212-3.2.2 Conductors. Add the following: Low voltage electric wiring running from controller to the automatic control valves shall be no smaller than No. 14 solid single conductor, copper wire, 0.015 mm (60 mil) insulation, 0.015 mm (60 mil) neoprene jacket, style UF (Direct Burial), or equal, color code wires to each valve. Neutral wires shall be white, no smaller than No. 12 solid single conductor wire, 0.015 mm (60 mil) insulation, 0.015 mm (60 mil) neoprene jacket, style UF (Direct Burial). Add the following section: 212-3.2.3 Wire Splices. All splices shall be make with Scotch-Lok #3576 Connector Sealing Packs, Rainbird Snap-Tite wire connectors, or approved equal. Make only one splice per each connector sealing pack. Field splices between controller and remote control valves will not be allowed without prior approval of the Engineer. If such splices are allowed, they shall be installed inside of a 10 round green plastic valve box with the words “WIRE SPLICE” embossed in the cover. 212-3.3 Controller Unit. This section revised as follows: Controller shall be a fully automatic battery-operated unit for outdoor use, model as specified on the drawings. Controller shall be mounted on existing wood post on opposite side of existing controller. - 62 - 2/26/99 TABLE OF CONTENTS PART 3 of the SPECIAL PROVISIONS Section Description PART 3 Section 300 300-I 300-2 300-3 300-4 300- 300-9 300-I I Section 301 Treated Soil, Subgrade Preparation And Placement Of Base Materials 301-I Subgrade Preparation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not Used Section 302 302-l f--- 302-2 .’ 302-3 302-4 302-5 302-9 Section 303 303-I 303-2 303-5 303-6 Section 304 304-3 Section 306 306-l 306-5 Section 307 Street Lighting And Traffic Signals 307-3 Street Lighting Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not Used 307-4 Traffic Signal Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not Used Paae Supplemental Provisions To Standard Specifications For Public Works Construction Part 3, Construction Methods Earthwork .............................................................................................. Not Used Clearing And Grubbing ......................................................................... Not Used Unclassified Excavation ........................................................................ Not Used Structure Excavation And Backfill .......................................................... Not Used Unclassified Fill ..................................................................................... Not Used Borrow Excavation ................................................................................ Not Used Geotextiles For Erosion Control And Water Pollution Control ................ Not Used Stonework For Erosion Control ............................................................. Not Used Roadway Surfacing Oiled Roadways And Shoulders.. .......................................................... Not Used Chip Seal .............................................................................................. Not Used Asphalt-Rubber Chip Seal Or Interlayer ............................................... Not Used Emulsion-Aggregate Slurry.. .................................................................. Not Used Asphalt Concrete Pavement.. ................................................................ Not Used Asphalt Pavement Repairs And Remediation.. ...................................... Not Used Concrete And Masonry Construction. Concrete Structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not Used Air-Placed Concrete . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not Used Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, And Driveways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not Used Stamped Concrete . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not Used Metal Fabrication And Construction Chain Link Fence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not Used Underground Conduit Construction Open Trench Operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not Used Abandonment Of Conduits And Structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not Used - 63 - 2126199 Section 308 308-2 308-4 308-5 308-6 308-7 308-8 Section 310 Painting 31 o-5 Painting Various Surfaces . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not Used 31 o-7 Permanent Signing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not Used Section 312 Pavement Marker Placement And Removal 312-1 Placement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not Used Section 313 Temporary Traffic Control Devices 313-I Temporary Traffic Pavement Markers.. ................................................. Not Used 313-2 Temporary Traffic Signing .................................................................... Not Used 313-3 Temporary Railing (Type K) And Crash Cushions ................................ Not Used 313-4 Measurement and Payment.. ................................................................ Not Used Landscape And Irrigation Installation Earthwork And Topsoil Placement.. ..................... -. ................................. 65 Planting ................................................................................................. 70 Irrigation System Installation ................................................................. 73 Maintenance And Plant Establishment.. ................................................ 76 Guarantee ............................................................................................. 77 Measurement And Payment. ................................................................. 79 --. -64- SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATION Add the following section: 308.1.1 General Sequence of the Work. Landscape and irrigation installation shall be sequenced as follows: 1. Soil Scarification, per Section 308-2.1.2 2. Soil Testing, per Section 308-2.1.3 3. Fertilization and Conditioning Procedures, per Section 308-2.3.2. 4. Finish Grading, per Section 308-2.4 5. Irrigation System Installation, per Section 308-5 6. Pre-planting Weed Abatement, per Section 308-4.1.2 7. Container Plant Installation, per Section 3084.5 8. Hydroseeding, per Section 3084.10 9. Maintenance Period and Plant Establishment, per Section 308-6 r- Contractor may proposed modification to the above sequence of the Work to the Engineer. Such proposal shall be in writing and shall state the reasons for the modification and any changes to contract time or cost that such modification will entail. 308-2 EARTHWORK AND TOPSOIL PREPARATION. 308-2.1 General. Add the following: This section includes pre-construction weed abatement, soil testing, soil preparation and fine grading prior to installation of irrigation system and planting. The existing site has been rough graded by others according to the Grading Plans and is ready for the following pre-construction weed abatement, soil preparation and fine grading procedures. Add the following section: 308-2.1.2 Soil Scarification The existing site has been rough graded by others per the Grading Plans. The Contractor shall decompact and cultivate the surface.of all areas to be planted or hydroseeded by discing, ripping or scarifying to a mk-rimum depth of twelve (12”). Soil should not be worked when it is so wet or dry as to cause excessive compaction or forming of hard clods or dust. The finish surface shall be free of abrupt grade changes and depressions to ensure surface drainage per the grading plans to the existing drainage structures. Add the following section: f- 308-2.1.3 Soil Testlng. Horticultural soils tests required: Prior to soil conditioning or fertilization, the Contractor shall - 65 - 2/26/99 obtain horticultural soils tests that are representative of all planting areas in the project. All soils proposed for importation from other areas shall also be tested for suitability prior to their -. incorporation into the project. Contractor shall coordinate with the Engineer for direction and approval of test sample locations. Collection of soil samples: a) Contractor shall dig test samples as described below, or as recommended by the testing laboratory. b) Soil samples shall be representative of the varying conditions on the site. Take separate samples where the appearance of the soil varies (color, texture, etc.), areas of differing exposure, drainage, cut or fill, etc. Separately sample areas where different plant types will occur (ornamentals, natives, etc.). Do not mix soils with dissimilar properties together. c) To make a sample, collect three smaller samples within the representative area (not mixing dissimilar soil types); then mix them together into one sample. d) Collect samples from 1” to 4” below the surface. e) Samples shall be a minimum of 1 pint in volume (verify with testing lab), and placed in a clean, sturdy container. Soil should be dry. Minimum test reporting requlrements: a) b) c) d) e) 0 e; 0 Soil reaction (pH); Electrical Conductivity (EC); Exchangeable Sodium Percentage (ESPY; Organic Matter Content; Soil Textural Classification; Permeability/percolation rate (extract method); Macro-nutrients: nitrogen, phosphorus, potassium; Micro-nutrients: iron, manganese, calcium; Boron analysis. l * ESP tests are not required unless EC test results are 6.0 or higher. Test results shall include recommendations by the soil lab for soil conditioning, fertilization rates, and remedial measures for problem areas. Recommendations should consider the general plant material types that will be planted in the subject soils (i.e., coastal sage scrub species). -66- --J 2/26/99 f- Approval of test results: All test results shall be submitted to the Engineer for review. Test results will be reviewed against Table 308-2.1.3(A) Acceptable Soil Test Results. No soil preparation or planting shall be performed until the Engineer has reviewed the test results and approves the soil preparation recommendations. Table 308-2.1.3(A) Acceptable Soil Test Results Test Parameter pH: EC: Acceptable Test Result 6.0-7.5. O-2.0 millimhos/cm; above 3.0, corrective action req’d . ESP: o-12.0; above 15.0, corrective action req’d. Nitrate: I ) 300+ Ibs/acre. Phosphorus: 25-55 Ibs/acre. Potassium: 50-I 10 Ibs/acre. Boron: Organic matter: 1.040 ppm; less than 1.0, too low for normal growth; above 5.0 may be toxic to certain plants. minimum 6% by weight based on the weight of the sample dried to a constant weight at 100 to 110 degrees Celsius or as determined by the sulfuric acid test. Adverse test results & soil conditioning: After consideration of soil test results, the Engineer may issue an amended soil preparation schedule which shall supersede the amendment and fertilization schedule specified herein. If test results indicate high soluble salts (EC), high exchangeable sodium percentage (ESP) readings, or unsatisfactory pH reaction, application of appropriate soil conditioners (gypsum, sulphur, lime, etc.) followed by deep water leaching may be necessary prior to planting, as determined by the Engineer. The following procedure shall be followed if directed by the Engineer at no extra cost to the Owner: a) Leaching shall take place after the irrigation system is operational and fine grading is complete, but prior to incorporation of fertilizers, organic soil amendments and planting. Gypsum, sulphur, soil penetrants (surfactants) and other recommended non-organic conditioners specified to correct adverse soil conditions shall be applied per soils report recommendations immediately prior to leaching. Conditioners shall be evenly broadcast over the area to be treated. Scratch the conditioners into the top inch of soil if possible. Use a soil penetrantlsurfacant, such as “SARVON” or “WATER-IN”, as label directs to aid moving conditioners into the soil and leaching salts. f- - 67 - 2/26/99 b) Application of leach water shall be via the irrigation system and shall be applied in a manner so ,--Y as to move the soluble salts to a minimum depth of 24”, or per soils report recommendations. As a general rule, approximately nine inches (9”) of water are needed to leach 70% to 80% of soluble salts to a twelve inch (12”) depth. Apply water via the irrigation system at a slow rate so as to avoid runoff for a minimum of five (5) irrigations over a fifteen (15) day time span. This may be speeded up for fast draining soils, or may require a longer period with shorter, repeat irrigation cycles for heavy soils. Dig soil to verify actual water percolation depth after each irrigation. Do not allow soil to dry between waterings. c) After leaching, soil tests shall be taken again to determine if soluble salt, sodium or pH levels have been corrected to acceptable levels. d) Reapplication of soil conditioners and additional leaching may be necessary if tests are still unsatisfactory. Expense of repeat tests, application of additional soil conditioners beyond that specified herein, and repeat leaching operations shall be borne by the Owner. Retest soils after leaching and soil conditioning treatments are made. Do not apply organic soil amendments and fertilizers until problems of high salts and/or sodium are remedied. Payment for tests: The Owner shall pay for testing laboratory fees and shall specify the testing laboratory. Contractor is responsible for digging samples and delivering to the testing laboratory. 308-2.3 Topsoil Preparation and Conditioning. 308-2.3.1 General. This section is modified as follows: No topsoil is to be imported to the site. Existing soils shall be graded, prepared, fertilized and conditioned per these specifications. - 308-2.3.2 Fertilizing and Conditioning Procedures. Add the following: After scarification, soil testing, and any remedial measures taken to correct adverse soil conditions are completed, the fertilizers, conditioners and soil amendments specified in this section shall be thoroughly blended 150 mm (6”) deep into the entire area to be hydroseeded. Note: Soil fertilization procedures for backfill of container plant pits shall conform to the requirements of section 3084.5. The following rates of fertilizers, soil conditioners and organic amendments are for bidding purposes only. Contractor shall obtain horticultural soil tests as specified in Section 308-2.1.3 - Soil Testing, prior to amending soils and submit soil test reports to the Engineer. Reports shall indicate a recommendation for soil conditioning and amendments. After review of the soil test reports, the Engineer will issue final soil conditioning and amendment instructions. The Contract price will be amended as necessary if the instructions vary from that specified here. Minimum rates for bidding purposes are as follows. Materials. Refer to Part 2, Section 212-1.2--Soil Conditioning and Fertilizing a. “General” Soil Conditioning throughout planting area: Organic amendments: none. Gypsum: 100 Ibs per 1000 sq. ft. Soil Sulfur: 10 Ibs per 1000 sq. ft. Iron Sulfate: 10 Ibs per 1000 sq. ft. Pre-Plant Fertilizer: 20 Ibs of 6-20-20 per 1000 sq. ft. - 68 - 2/26/99 b. Container Plant Pit Backfill for native plant species: 100% native soil. Gypsum: 8 Ibs./cu. yd. Soil Sulfur: 1 Ib./cu. yd. Iron Sulfate: 1 Ib./cu. yd. Pre-Plant Fertilizer: 2 Ibs of 6-20-20 per cu yd. of backfill. Planting tablets shall be placed in each planting hole at the following rates: I, 5-gram tablet per liner and flat size plant 1, 21-gram tablet per gallon container 3, 21-gram tablets per 5 gallon container 4, 21-gram tablets per 15 gallon container 1, 21 -gram tablet per each 4 inch of box size Application of in-organic soil conditioners (gypsum, sulphur, etc.) shall precede application of organic amendments and fertilizers if soil tests indicate adverse salt, sodium, or pH readings. If these tests were within an acceptable range as determined by the Engineer, application of the non- organic conditioners may take place along with the organic amendments and fertilizers. :- Application of organic amendments and fertilizers: After approval of soil test results by the Engineer, and after any soil conditioning and/or leaching to correct salt, sodium or pH problems has been completed, organic amendments and pre-plant fertilizers shall be applied. Evenly spread the amendments over the surface of all planting areas to be amended at the rates specified herein. Contractor shall notify the Engineer to approve the layer of materials on the soil surface prior to tilling the material into the soil. Failure to do so may require the Contractor to reapply additional conditioning materials to the satisfaction of the Engineer at Contractor’s expense. After approval of the amendment layer, the material shall be thoroughly and evenly tilled into the soil to a depth of six to eight inches (6”-6”) by at least two passes of a rototiller or other approved method. The thoroughness and completeness of the rototilling and incorporation of the soil conditioners/amendments shall be acceptable to the Engineer. After incorporation of the fertilizers, conditioners and amendments, the Contractor shall obtain a minimum of two soil tests per acre of hydroseeded area and shall submit the results of said tests to the Engineer. The Contractor shall then adjust the soil properties to the acceptable ranges of soil properties specified in Table 308-2.1.3(A) using such materials and methods as may be necessary. If adjustments are necessary the soil shall be tested by the Contractor after such adjustments for each soil property specified to determine that the adjustments to the soil made by the Contractor result in soil properties within the acceptable range. The Contractor shall adjust the soil properties and show acceptable ranges prior to any planting or application of hydroseed slurry. Prior to the start of any planting or application of hydroseed slurry, the planting area shall be irrigated and the soil shall be evenly and thoroughly moistened to no less than 75 percent of field capacity to a minimum depth of twelve inches (12”). The Contractor shall certify, in writing, that the ground surface has been prepared in accordance with this section and shall request inspection by the Engineer prior to any planting or seeding. The Contractor shall obtain the Engineer’s approval before any planting or hydroseeding. Post-planting fertilization: All planting areas shall be fertilized sixty (60) days after hydroseeding and every sixty days (60) thereafter through the end of the Maintenance Period with post-plant 14-7- 3 granular fertilizer at the rate of 20 Ibs per 1,OOOsf. Fertilizer shall be spread evenly over the entire P@- planting area. Fertilization thereafter will be directed by the monitoring biologist, if deemed necessary. - 69 - 2126199 308-2.4 Finish Grading. Add the following: After fertilizing and conditioning the soil, the entire area to be hydroseeded shall be “track walked” to - provide a suitable surface for adherence of the hydroseed mix. The grading equipment shall be run vertically up and down the slope in order to produce “tracks”, or small ledges, perpendicular to the fall of the slope. The intent is to reduce superficial erosion and provide crevices for seeds to lodge and water and nutrients to accumulate. 3084 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 container planted vegetation, when the soil moisture level is less than field capacity, the Contractor shall fill the planting holes with water and allow them to drain before installing the plants. 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 healthy and thriving prior to, and throughout the, landscape maintenance period. Add the following section: 3084.1.2 Pre-Planting Weed Eradication. After installation of the irrigation system, but prior to -?. installation of hydroseeding or container plants, the Contractor shall irrigate all areas to be planted on a daily basis for a minimum of three (3) weeks, or a sufficient duration to allow for germination of the weed seeds. The Contractor shall then cease irrigation and spray all weeds with a non-selective post emergent herbicide (per material specifications). Wait a minimum of one week (I), or such time as is necessary for the herbicide to kill the weeds. Physically remove all dead weed material from the site. If, in the opinion of the Contractor or Engineer, subsequent cycles of irrigation and herbicide are needed to ensure weed eradication, then the process shall be repeated until such time as weed abatement is complete. The project schedule may be extended to accommodate additional weed eradication cycles if necessary at no additional cost to the Owner. Once weed eradication is completed, soil conditioning, fertilization, and planting my begin. 3084.2 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 otherwise 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. 3084.3 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 ptanting operations begin. - 70 - 2/26/99 /-- 30845 Tree and Shrub Planting. This section is replaced in its entirety by the following: Container plants shall be installed prior to hydroseeding. Container plants shall be planted according to the drawing details which specify plant pit sizes, planting depth, staking, etc. Planting holes shall be of the size shown on the detail drawings. Holes shall be generally square in plan view, not round, with vertical sides so as to minimize roots curling in the planting hole. The sides and bottom of the planting hole shall be roughened to facilitate root and water penetration. The native soil in the bottom of the plant pit shall be scarified to a depth of six inches to facilitate root penetration if, in the opinion of the Engineer, overly compacted soil conditions are present. Otherwise, the plant pit bottom should not be loosened so as to minimize potential settlement. Plant pits shall be filled with water and allowed to drain before installing plant, After planting, the plant shall be plumb and with the root crown at its natural growing depth with respect to finish grade that it was in the container. In no case shall plants be installed too deep, or in such a manner that settlement results such that the root crown of the plant (junction of main trunk or stem with the ground surface) is below the grade of the soil around the plant. Any plant with a broken or cracked root ball, caused either before or during planting, shall not be installed. ,F-- Plants shall be removed from their containers in such a manner that the root ball, trunk, stems, leaves and all parts of the plant are not broken, cut, or injured in any way. No organic amendment shall be added to the bottom of plant pits. Organic amendment shall only be added to the backfill used to fill the sides of planting holes. Plant pit backfill shall consist of a consistently blended mixture of native soil from the plant pit, combined with the amendments and conditioners listed in Section 308-2.1.4 General Soil Fertilization and Conditioning Procedures. Fertilizer tablets shall be set mid-depth in planting hole. Construct a watering basin around all plants 15 gallon size and larger. Size of basins shall be l-1/2 times the diameter of the rootball. Form basins by mounding an earth berm approximately three inches (3”) high above the finished grade around the plants. Do not create a depression or excavation. Fill basins with water immediately after planting. Do not prune any plant without prior approval and instruction by the Engineer. 3084.6 Plant Staking and Guying. This section is replaced in its entirety by the following Stake all trees 15 gallon size and larger per the drawing details. Existing nursery stakes shall be removed. Stakes shall be driven into the ground outside of the root ball. Position stakes on the windward side of the tree. Drive stakes plumb and secure and install ties per drawing details. -71- 30848 Lawn Planting. This Section is deleted. 3084.9 Erosion Control Planting. This Section is deleted. Add this section: 308410 Hydroseeding. Complete all finish grading, weed eradication, soil testing, soil preparation and installation of irrigation systems and container plants prior to hydroseeding. The area to be hydroseeded shall be irrigated to field capacity immediately prior to hydroseeding. Ensure a wetted soil depth to at least twelve inches (12”). Any seeds requiring pre-treatment and/or scarification shall be treated prior to hydroseeding. Seeds requiring pre-treatment are listed on the seed mix list. Hydroseeding operations shall be performed by competently trained individuals employed by a qualified hydroseeding company in accordance with the best standards and practices related to the trade and under the continuous supervision of a competent foreman capable of interpreting the plans and specifications. Contractor shall ensure even application of hydroseed materials by measuring the land area to be treated and dividing it into sections which correspond to the quantity of seed in each tank load. The hydromulch shall be applied in the form of a slurry consisting of cellulose tiber, seed, stabilizing emulsion (binder), fertilizer and water as specified on the drawings and in PART 2 - Landscape and Irrigation Materials. When hydraulically sprayed on the soil surface, the hydromulch shall form a - blotter-like ground cover impregnated uniformly with seed and fertilizer and shall allow the absorption of moisture and rainfall to percolate to the underlying soil. Preparation: The slurry preparation shall take place at the site of the Work and shall begin by adding water to the tank when the engine is at half throttle. When the water level has reached the height of the agitator shaft, full re-circulation shall be established. Seed shall then be added to the tank, followed by fertilizer, then by mulch. The mulch shall only be added to the mixture after the tank is at least one-third (l/3) filled with water and seed. All the mulch shall be added by the time the tank is two-third (2/3) to three-quarter (3/4) full. The ratio of total water to the total Stabilizing Emulsion in the mixture shall be as recommended by the manufacturer of the emulsion, but shall not exceed (12) gallons of water to each pound of stabilizing emulsion solids specified. Spraying shall wmmence immediately when the tank is full. Application: The operator shall spray with a uniform visible coat by using the green color of the mulch as a guide. The slurry shall be applied in a sweeping motion in an arched stream so as to fall like rain, allowing the wood fibers to build on each other until a good coat is achieved and the material is spread at the required rate per acre. The Contractor shall use care not to drag spray hoses over container planted material and shall attempt to spray from the edges of the planting areas wherever possible. Time Limit: All slurry mixture which has not been applied within two (2) hours after mixing will be rejected and removed from the project and disposed of at the Contractor’s exp&se. - 72 - ./c i Daily worksheets must be filled out by the nozzleman. One copy shall be submitted to the Engineer. The following information shall be recorded: (4 Seed type and amount. 04 Fertilization analysis (N-P-K) and amount. (c) ;:,’ Mulch type and amount. Stabilizing emulsion type and amount. Number of loads, amount of water. (0 (9) Area covered (acres). Equipment used, its capacity, license number if applicable. This worksheet shall be signed by the nozzleman and reviewed by the Engineer. Protection: Special care shall be exercised by the Contractor in preventing any of the slurry being sprayed inside any reservoir basin or onto drainage ditches and channels which may impede the free flow of water. Any slurry spilled into restricted areas shall be cleaned up at the Contractor’s expense to the satisfaction of the Engineer. Washing: Immediately following the application of the hydromulch, sprinklers shall be operated just long enough to wash excess material from previously planted materials and architectural features. Care shall be exercised to avoid washing or eroding mulch materials from area. Equipment: Hydraulic equipment used for the application of the hydromulch mixture shall have a built-in agitation system and operating capacity sufficient to agitate, suspend and homogeneously mix a slurry containing not less than 40 pounds of fiber mulch, plus a combined total of 7 pounds of r- fertilizer solids for each 100 gallons of water. The slurry distribution lines shall be large enough to prevent stoppage and shall be equipped with a set of hydraulic spray nozzles which will provide a continuous non-fluctuating discharge. The slurry tank shall have a minimum capacity of 1,500 gallons and shall be mounted on a traveling unit, either self-propelled or drawn by a separate unit, which will place the slurry tank and spray nozzles within sufficient proximity to the areas to be seeded. The hydraulic equipment used for pesticide applications shall consist of a clean 150 gallon minimum capacity fiberglass tank with complete mechanical agitation. The pump volume shall be 10 gallons per minute while operating at a pressure of 100 pounds per square inch. Distribution lines shall be large enough to carry the volume of water necessary for even chemical distribution. The spray nozzle must cover a fifteen (15’) foot swath, with a minimum output of five (5) gallons per minute at 80 PSI. Areas having less than 80% germination within thirty (30) days after the initial application shall be reseeded every twenty (20) days until 80% of the ground surface is evenly covered by hydroseeded or subsequently reseeded growth. Refer to Section 308-6 MAINTENANCE AND PLANT ESTABLISHMENT for additional requirements. 308-5 IRRIGATION SYSTEM INSTALLATION. 30845.1 General. add the following: 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 r- 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. - 73 - 2/26/99 308-5.2 Irrigation Pipeline Installation. 308-5.2.1 General. add the following: 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 backfill trenches until all required tests and observations are performed. Observations 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 wver until used, and all pipe and fittings shall be 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 field 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: 308-5.3.1 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. Valve box types shall be as specified in Part 2 - Landscape and Irrigation Materials. 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 irrigation system shall be protected by an existing reduced pressure backflow preventer on the existing irrigation supply line to which the new system will be connected. Contractor shall verify in the field that the existing backflow preventer is connected and functioning and will protect the new irrigation system. If no such device is in evidence or is not functioning, the Contractor shall inform the Engineer in writing prior to installing the irrigation system. 308-5.4.3 Location, Elevation, and Spacing. This section is modified as follows: Sprinkler head locations shown on the drawings are diagrammatic. Precise locations of sprinkler heads shall be installed by the Contractor to ensure full coverage of the planting area. In no case shall sprinkler heads be installed at a greater spacing between heads than is graphically shown on the plans. Contractor is responsible for 100% coverage. Sprinkler head height above finish grade shall be as per drawing details. 308-5.4.3 Riser and Nozzle Line Installation. This section is modified as follows: Install sprinkler heads, risers and nozzle lines (lateral tines) per the drawings and details. Sprinkler nozzle lines (lateral lines) shown on the plans are diagrammatic as to location. The Contractor shall circuit the lateral lines in a valve system as is shown on the drawings, taking care not to exceed the number of heads shown per valve and to balance the flows in the circuit. All piping and fittings shall be of the material and type specified on the drawings. No swing joints are required for above-grade installation of sprinkler heads. - 74 - 2/26/99 308-5.4.4 Sprinkler Head Adjustment. add the following: The Contractor shall flush and adjust /c all irrigation heads and valves for optimum performance and to prevent over spray onto walks, roadways buildings, walls, other structures, adjacent native habitat, adjacent landscaping and adjacent disturbed areas. 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 wmmon ground wire to service each valve in system. 308-5.6.3 Sprinkler Coverage Test. add the following: This test shall be accomplished before any hydroseeding or container plants are installed. Add the following section: 308-5.7 Irrigation System Operation and Programming. Contractor shall be responsible for programming the irrigation controller and making continual adjustments throughout the construction and maintenance periods. Watering schedules shall be adjusted as necessary to ensure the proper amount of water is applied for optimal growth and establishment of the plant material. Contractor shall consider such factors as season, weather conditions, wind patterns, soil types, soil percolation rates, plant species, stage of plant development and growth, topography, exposure, and overall plant performance in adjusting irrigation schedules. Duration and frequency of irrigation schedules shall be adjusted to prevent erosion or excessive runoff. ,r- It is the intent that the revegetation area will be irrigated during the first 2-3 years of plant establishment and discontinued thereafter once the native plant material has become established and can be sustained by natural rainfall. Irrigation scheduling and management shall focus on three phases: (1) Seed germination and seedling establishment (first 6 months) (2) Plant establishment (6-18 months) (3) Gradual irrigation withdrawal (6-12 months). Irrigation shall be carefully managed in order to promote maximum success of the new planting. Irrigation scheduling for the first six months shall be characterized by short duration cycles, frequently applied, aimed at germinating seed, and then promoting plant establishment. Over time (6-18 months), irrigation schedules shall be adjusted toward longer duration cycles, but with less frequency in order to slowly wean the plant material off of irrigation and to encourage deep root systems and natural summer dormancy cycles. Summer time irrigation management is especially critical during the first one to two years. Over-irrigation during the normal summer-fall dormancy period for coastal sage scrub must be avoided in order to curtail potential soil borne diseases, pests and weed control problems. At the same time, irrigation during the first summer-fall season should not be completely eliminated since the new seedlings may not have developed deep root systems to cope with the normal drought season. Summer watering will depend largely on the time of year that the seed was initially installed and how long the plants have had to become established before the summer-fall season. Frequent and close observation for disease (especially soil borne fungus and root rot organisms) shall be carried out and irrigation cycles adjusted if over-wet conditions are encouraging disease. Similarly, observe for signs of plant stress or mortality due to lack of water and adjust irrigation accordingly. - 75 - 2126199 308-6 MAINTENANCE AND PLANT ESTABLISHMENT. This section is modified as follows: For the purposes of this section, the “Plant Establishment Period-and the “Maintenance Period” shall - be considered as one in the same and the terms may be used interchangeably. The Maintenance Period shall be for a period of one hundred twenty (120) days. After the Contractor has completed all site preparation, soil preparation, weed abatement, irrigation system installation, hydroseeding and planting, the Contractor shall request an inspection by the Engineer for Substantial Completion of the Installation portions of the Work. The Engineer will issue to the Contractor a field report indicating any deficiencies which must be corrected or completed by the Contractor before the Work will be considered Substantially Complete. Once the Work is deemed Substantially Complete by the Engineer, the Engineer will issue a written notice to this effect and the Maintenance Period will begin on that date so stipulated on the notice. 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 and pests. No mowing of planted areas shall be carried out. 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, herbicides, fertilizers and other chemicals and taking all steps to ensure the safety of the public. Only licensed personnel, as required by law, will be permitted to apply herbicides, pesticides or other potentially harmful materials. Contractor shall submit applicator licenses to the Engineer for all personnel who will be applying chemicals. During the Maintenance 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 specified maintenance work, as determined necessary by the Engineer, will not be credited as one of the Maintenance Period days. All planting areas which are damaged during the Maintenance Period shall be repaired by the Contractor within twenty (20) days. 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 re-seed all hydroseeded areas that have eroded or have not germinated at the end of each thirty (30) day period following initial seeding and continuing through the end of the Maintenance Period, or until such time as a solid and uniform stand of healthy seedlings is achieved, which ever is longer. If areas requiring reseeding are small in area in the opinion of the Engineer, hand seeding at the rates specified in the original specifications may be allowed at the sole discretion of the Engineer in lieu of hydroseeding. If hand seeded, a Type 1 mulch, per section 212.1.2.4, shall be used as a seed cover, spread at a depth of one-half to three-quarters of an inch, damped with a fine mist of water, then tamped to compact the mulch and seed. The hydroseeded areas must be sufficiently well rooted and established with an even and consistent coverage of the specified plant material over the entire planted area in no less than 30 days before the end of the maintenance period. The seeded area shall have a minimum 80% coverage of the specified plant materials in the seed mix. For the purposes of this section, “coverage” is defined as the area of ground covered by the vertical projection of the canopy (foliage) outline of the plants. Plant coverage shall be evenly dispersed over the entire planting area. In no case shall there be any individual bare areas devoid of the specified plant material larger than (4) four square feet. The planting shall be adequate to prevent erosion and provide for the habitat revegetation objectives of the project. The adequacy of the planting and establishment as specified in this- section shall be solely judged by the Engineer. 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 - 76 - 2126199 .- maintenance period. Failure to pass inspection will result in an extension of the maintenance period. The Contractor shall continue to provide maintenance for such time necessary to obtain conformance to the specifications. For all planting areas in the project area, The Contractor shall maintain said areas during the Maintenance Period or until Final Acceptance of the Work, whichever is the greater. Final Acceptance will not be given until the Maintenance Period is completed to the satisfaction of the Engineer and when all requirements of the Contract Documents have been fulfilled by Contractor. 308-7 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 Work. The Contractor shall guarantee all other plant material, including ground covers to live and grow for a period of ninety (90) days from the last day of the Maintenance Period or Final Acceptance of the Contract Work, whichever is the later. The Contractor shall replace, at its expense, all plant material found to be dead, missing, or in poor condition during construction and 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 Owner 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 text: “Guarantee For Vegetation, Planting and Irrigation System For Faraday Avenue Coastal Sage Mitigation Area, City Project No. 3593-3 We hereby guarantee that the vegetation, planting and irr@ation 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, affer 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 aufhorize 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: Faraday Avenue Coastal Sage Mitigation Area, City Project No. 3593-3. Location: Faraday Avenue, City of Carfsbad Name of Contractor: Address: (Of Contractor) - 77 - 2/26/99 Telephone: (Of Contractor) By: (Typed or printed names of signing Officer(s) of the Contracftir authorized to bind the Contractor -T in legal matters) Title: (Of said o#ker(s)) Signature(s) Date of Execution? 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 nonpressure 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 reproducible photo mylar drawings. Items required to be shown shall be dimensioned by the Contractor from two permanent points of reference (buildings, monuments, sidewalks, curbs, 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 (‘/a”) 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 services b) Routing of irrigation pressure mainlines c) Backflow prevention devices d) Ball, gate and check valves e) Irrigation control valves. 9 Quick coupler valves g) Routing of service wires h) Routing of control wires 0 Electrical service equipment i) Electrical junction boxes k) Irrigation controllers 1) Sleeves or stubs 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 blue-line prints of the proposed record drawings for, and obtaining their approval by, the Engineer. Add the following section: 308-7.2 Controlier 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 - 78 - 2/26/99 /- 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, properly 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 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 forward signed and dated checklist to the Engineer before final acceptance of project. the following checklist at the end of the project, using the format shown: a) Plumbing permits (if none required, so note) f- 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) 9 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) 0 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 service to irrigation electrical meter, connection from meter to irrigation controller(s), installation of controller enclosure, concrete pads, preparation, correction, reproduction and lamination of “as-builr 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. /- The work shown on Drawing 369-26, Sheets 1 through 4 is included as landscape and irrigation installation and all labor and materials to install, maintain and guarantee pertain to it. - 79 - APPENDIX “A” If- COASTAL DEVELOPMENT PERMIT CDP 98-39 Tbe City of Carlsbad Planning Department r ORT TO TEE PLANNING COMMISSION Item No. 2 0 P.C. AGENDA OF: January 6,1999 ) SUBJECT: P 98-39 - FWAY w Fm - hpSt for approval Of a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Coastal Dev&pment Permit to allow improvement ‘of the 5.400 foot extension of Faraday Avenue &om its existing terminus to future Cannon Road in Local Facilities Management Zone 8. I. RECOMMENDATION That the Planning Commissi~ AQQX Planning Commission Resolution No. 4450 AppRoMNG a Mitigated Negative De&ration, and Mitigation Mouitoriug and Reporting Program, and ARQX Planning Commission Resolution No. 4451 ApppoMNc; CDP 98-39 based upon the findings and sr&ject to the conditions contained therein. II. INTRODUCTION -. The improvement to Faraday Avenue is a City Capital Improvement Project. Because the road segment is located within the Coastal Zone and the Melio II seg&nt Carl&ad Local Coastal Program, a City of C&bad issued Coastal Development Permit is required. The area of construction is within 100 fttt of a wetland and stream and is therefore in the Coastal Commission appeal area. III. The project is cm' Ion of Faraday Avenue for approximately 5,400 linear feet as shown on the location map. The improvements include thi road, sidewalks on the cast side, two pedestrian underpasses, a landsqedmedian and adjacent grading. Faraday Avenue is designed so that the roadway is split and at two elevations. The travelway hcadii towards Cannon Road and adjacent to the future Veteran’s Memorial Park is at a higher elevation than the travelway adjacent to the fhture Carlsbad Municipal Golf Course. The median will therefore be doped in some areas. The roadway will also cany a 12” water, redlaimed water, and sewer lines. The sewer line will be in the south lane and water and reclaimed water in the north. IV. ANALYSlS r- Constwtion of the improvements to Faraday Avenue are consistent with the Circulation Element of the General Plan and is therefore consistent with the Local Coastal Program’s CDP 98-39 - FARADAY ROAD EXTENSION JANUARY 6.1999 desienation for land USC. Improvement of the right-of-wy impicmcnt~ the goal of the circulation element for Faraday Avcnuc to be improved as a cokctor street. The road improv~cnts will not obstruct views or othcrwisc damage the visual beauty of the coastal zone in that there are no significant visual rcmurces associated with the area of disturbance. The ioad alignment primarily passes through agkultural land with rctatively minor impacts to wildlifk habitat. A total of six acres of coastal sage scrub will be impacted. The six acres can be cfkctively replaced on-site or through purchase of OfFsite credits in the C&bad Hiphlarrrlc Mitigation Bank. The agxicultural area is not designated as significant. The project will completciy avoid impacts to w&lands. . There are no geologic instability issues exist& onsite. The project will implement the City’s Master Drainage and Storm Water Quality Management Plan as well as the City’s grading ordinanci to avoid increased runoff and soil erosion. An analysis of the site was conducted and signScant but mitigable impacts were identified. A Mitigated Negative Dcclaratioa was issued by the Planning Dkector and’published for public comment dated July 2, 1998. Direct impacts were identified to disturbed coastal sage ScNb. - Applicable wildlife agency permi~ will be required. There will be no impacts to wetlands. The project is subject to mitigation measures as described in the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program. 1_ Planning Commission Resolution No. 4450 (Neg. Dec.) 2. Planning Commission Resolution No. 445 1 (CDP) 3. Location Map 4. Exhibit “A” dated January 6, 1999 /- 1 i ! 4 5 6 7 8 9 regarding proper&y which consists of Faraday Road Right-of-Way (Wrc Property”); and 10 WHEREAS, the Planning commission did on the 6th day of January, 1999, hold 11 12 r 13 14 15 16 17 18 19 20 21 22 23 24 r- 25 26 27 28 I ONR~ON NO. 4456 A RESOLUTION OF THE PLANNING COMMISSION OF THE CRY OF CAIUSBAD, CALIFORNIA, APPROVING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM TO ALLOW FOR THE EXIENSION OF FARADAY FROM ITS EXISTING ERMINUS TO FUTURE CANNON ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 8. CASENAME: FARADAY ROAD EXTENSION WHEREAS, the City of Carlsbad, “Develapd’, has filed a verified application a duly noticed public hearing as prescrikd by law to consider said request; and WHEREAS. at said public hearing, upon hearing t&d considering all testimony and arguments, e xamining the initial study, analyzing the information submitted by staff and considering any written comments received, the Planning Commission considered all factors relating to the Negative Declaration. . . . NOW, THEREFORE, BE IT HEREBY RESOLVED by the Phmning Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission hereby APPROVES the Mitigated Negative Declaration and Mitigation and Monitoring and Reporting Program according to Exhibit “ND” dated Juiy 51998, and “PII” dated May 29,1998, attached hereto and made a part hereof, based on the following findings: 1. The Planning Commission of the City of Carlsbad has reviewed, analyzed and considered the Mitigated Negative Declaration, the environmental impacts therein identified for this project and said comments thereon, and the M&igation Monitoring and Reporting Program, on file in the Planning Department, prior to approving the project. Based on the ED4 Part II and comments thereon, the Planning Commission finds that there is no substantial evidence the project will have a significant effect on the environment and A A . t I 1 E S I(1 11 12 13 14 15 16 17 18 ‘19 20 21 22 23 24 25 26 27 28 3 -. 3. her&y APPROVES the Mitigated NegativeDeclaration rend Mitigation Monitov’--- and ReportiBg Program. The Planning Commission does hereby kd tbat the Mitigated Negative Declaration and Mitigation Monitoring and Rcponing Program bavc been prepared in accordance with rquirancnts of the Ca&mia Environmmtal Quality Act, the State Guidelines and the Environmuttai Protection Procedures of the City of Carlsbad. The Plimning commissi on finds that the Mitigated Negative Declaration reflects the independent judgment of the Planning Commission of the City of Carlsbad. i 1. The ‘k snbject tothe Blitigation measum ilsted iutile EBvironmentaI Assessment Part II for the Faraday Road ecknsion project dated June, 1998 and the Developer shaIl implcmcnt, or cause the implancntatioa of, the Project Mitigation bhdtoring and Reporting progrun. PASSED, APPROVED AND ADOPTED at a regular meeting of the Piann’” Commission of the City of Carisbad, CaIifomia, held OIL the 6th day of January 1999, by the following vote, to wit: . AYES: NOES: ABSENT: ABSTAIN: BALLEYNOBLE, Chairperson CARLSBADPLANNWG COMMISSION ATIZST: MICHAEL J. HOLZMILLER Planning Director PC RFCfl NA dd<n L) ,- 1 2 3 4 5 6 7 8 9 10 11 12 /- 13 14 IS 16 17 18 19 20 21 22 23 24 /- 25 26 27 28 G I cQ&UUXWON RESOLUTIOh A RESOLUTION OF THE PLANNING COMMISSION Of THE CITY OF CARLSBAQ CALIFORNU, APPROVING COOTS DEVELOPiitfENT Pm NO. CDP 98-39 oh’ PROPERTY -Y LOCATED BETWEEN THE EXISTING m OF FARADAY ROAD AND FUTURE CANNON ROAD IN LOCAL FACEn’ES MANAGEMENT ZONE 8. CASENAME: FARADAY ROAD EJCITNSION . WHERE& the City of Carlsbad, “Developer”, has filed a verified application ! ngarding property whi& COB&S of Faraday RoadBight-of-Way (“theProperty”); and WHERE& said verifkd application constitutes a request for a Coastal Development Permit as shown on Exhibit uAm dated JSinuIt#y 6,1999,on file in the Piatining Department, FAlUDAy ROAD EXTENSION, CDP 9&39 as prkided by Chapter 21.201.040 of the Carlsbad Municipal Code; and WBEBEAS, the Planning Commission did, on the 6th day of January 1999, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the CDP. NOW, THEREFORE, BE IT FIEREBY RESOLVED by the Planning . . Commission of the City of Carlsbad as follows: A) B) Findings: That the foregoing mcitations are ttue and cotrect. That based on the evidence presented at the public hearing, the Cornmission n FARADAY ROAD EXTENSION, CDP 9&39 based on the following findings and subject to the following conditions: 1. That the proposed development is in conformance with the CetWied Local, Coastal Program and ah applicable policies in that the project site does BOt inch& any am of designated Coastal Asricultural T,ands: there are na mtecn ngtwrs1 ~~~~~~ wi+h;n the I d . . 1 1 . c 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 77 mm 23 24 25 26 27 28 2. Thatthe~isinconfbrmitywiththepublic~~and rccmcion policies of , I Chapter 3 of the coastal Act in @at the improvement to the road will not interfere with the public’s right of access to the sea or jeopardize ray existing or potential coastal water-oriented recreational opportuaitk 3. That the project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.03 of the Zoning Ordinance) in that the project will adhere to’ the City’s Master Dmiuage and Storm Water Qoirity Management Plan and Grading Ordiuance to avoid increased nmoff aud soil erosion and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or Iiquifiactioa 1. 2. 3. 4. 5. 6. . . . . . . project area (greater than 25%); the improvement of tbc street will not obstrr’ views or othenvisc damage the visual beauty of the coastal zone; and tbere are . . _ areas of geologic instability within tbe project area. s~~~anddirected~omalreaI1onsandmodificationstothc documents r#cessarytOmakCthUflinternally cotdmlt a@ in codomlity with final action on the project. Dcvclopment shall occur substantially~as Shown in the approved Exhibits. Any proposed dcvelqmcnt differat km this approval, shall require r- amendment to this spproval. A grading permit issued by the City Engineer consistent w’ith all city grading policies and ordinances is required. Grading is prohibited from October 1 to April-l. The City Engineer may permit an extension of the grading season until November 15, 1999 if all precautionary measures regarding erosion, cm&teat with the City’s grading ordiaonce, have been put in place. Storm drain facilities consistent with the Master Drainage Plan shall be instakd as required by the City Engineer. Soil emsion cotttro) practices rhatl be used against 9msite~ soil erosion to the satisfaction of the City Engineer. Offsite drainage shall be prevented through sediment control. Control methods shall be shown oo tbe grading plans 6 the satisfaction of the City Engineer. PC RFm hln ddzl STATE CEQA GUIDEIJNES, chaptn 3, At&k 5, mS~~ 15063 qttircs that the Ciq conduct an Ettvironmwtal Impact Asscssmcnt to detcmtk if a pmject may have a significant effect on the ulvitonmenL The Emmomnenea lntpact Asssment ztppum in the following pages in the form of a check& This check&t idat&s any physical. biolog,ical and human factors that might be ittlpacted by the proposed ptuject and proVidCS the City With information to uscasthebasisf~ decidingwkthcrtopcpate~Envhmad~~rt(EIR). Negative Declaration, ord~rclyana~o~yapprovedEIRorN~~Deciaration. l A brief @anation is hquired for sll auswcxs CXCCp”N0ltll~“aamvCn that am adquately supported by m inknation so- cited in the parentheses following each question. A -No Impact” m is daptdy supported ifthe hfncnccd information sorpccsshowthat~~~~~not~~~proj~lilre~ontinvoIved. A ‘Wo lmpact”answer ShOUldbC~WhUlthCtCiSllO~dO~ t to refer to. or itisbasedon~ject-spcciEcf&tomaswallasgeauals&ndark l “LessThanSigaifkutImpa&appkswhcrrthereissupparting evidence that the potcntiaIimpactisnotadvc&yai@fiwnt,andtbeimpactdoesnotexc=edadopted general istmkds and policies. ;- l ~otdally Signikant Unkss Mitigation Incorporated” applies WhgE the incoxporation of mitigation mcBsuLts hasrcducaiand3kct&om%tudiaUySignificaatImpactntoa ~LessTbanSignificantimpact.” Thedm&parmustagreatotkmitigation.andthc City must describe the mitigation mCZtSLPCS, and briefly explain bow tbcy reduce the effect to a less than significant kvcl. 0 “Potentially Sign&ant Impact- is crppropriatcift&ercissubRanWevidenccthatan effect is significant. . 0 Based oq an “EIA-Part II”, if’ a propos& project could bavc a potentially signikaat effect on the envitunment, but &I potentially significant effects (a) have been analyzcd adequately in an earlier E3R or Mitigatcd+Negative Declaration putauant to applicable standards and (b) have been avoided or mitigated pursuant to tbat eariicr m, or Mitigated Negative Ddaration, inchding tisions or mitigation measures thatarcimposcdupotl the proposed project, and none of the cW tquiting a auppkmant to or suppw EiR ate present and all the mitigation measwas rquircdbytheprior environmental document have beam korpowd into this project, thar no additional environmental document is zquid (prior Complisncc). l Wbm “Potaxtially Significant Impact” is &a&ad the project is not necessarily rquircd topreprneanEIRif~si~~eff~hasban~adequatelyhrran~iaE3R pursuant to appkabk standards and the effkct will be mitigat& or -8 “Statuncnt of Overriding Considerations” has been made pursuant to that earlier EIR l A Negative Da&ration may be prepared if the City perceives no subatan$al evidence that the project or any of its aspects may cause a significant effkct on the cnvironrn~t. . Fmadqv Avenue lhdwqv fitenrutn 13 City o/Cm?sbad rbwA Al;*i”“,ad AL”m.iu. na-Lnaw.iAI. l If thm a~ 011~ or more potentially sigttihnt C@CCG the City may avoid preparing an WRifthcrrarrmitipationm~totiearlyreducc-rmpactFtoi~thansipnificanr.and --c those +igatiOn measures ah agreed t0 by the developer pxim to public review. ln this case, the appropriate “Potdally Sip&ant Impact Unless Mitigation Inccwpora~ed” maybccheckcdandaMitiga&ciNcghveDcclamhonmaykprcpar&. 0 ~EIRgaustbeplcparedif~~,cimrifirmt~wis~~~inci~ butnotiimitedtotheMlmvitq l . (1) the potdauy si@catlt effect has ~~bcul~~~garcdinanEluiierRRpurrpamm~~Iestandards.and the&vcloperdocsnotaLpetto,onmawls tbatxcduccthcimpacttolcsstllan Ilotbanmadcpursuanttoaa~~(3)proposed~oxl~ tbc impact to less than s@ifh& ar; (4) through the El&Part II analysis it is not possibletodctamkthelcvehfsi@hacef;arapotuhllyadvcrsceffcmor daaminet&c&~vcnessofa~onmeastuc in ducing a potedally significant effect to below a kvel of sim. Adisassionof~impgEtsandthcpmposed~on -appearsatthcaldofthe form under PISCUSSION OF w. EVALU- Mcuiar attention shciuldbcgivmtodiscwhgmitigasion~jmpactswhkhwlDllldathcmiscbe~ significant. Fam&v Aveme Rodwqv &tension Drdt Mitimted Nemtive klamtion 16 CiryofCarisbad - lsues (and supponiltg information Soutzes). 1. LANDUSEAND PLANNING. Would rhe propo& a) b) cl d) OIKdliU~~UKtalpL.~~~? CmtfIict&~~k -mar policies adopted by 8gencies wiltr w OVCT rhe PM@? Beincaw@iikwithexistiugkndnseintbeviciniry? Affect a@cuhud nsoutws OT opartirrar (e.e M- tosoils,orf&nn~orimppatfmon~~le lWdUSS? Dii or divide the pbysid &Tmugemwt of 111 established conuue (iwhtdiDg 8 Iow-we Q minoritycnnrmmiry)? _ II. POPtLATION AND HOUSING. Wouldthcprmpaa& a) W a--- c) cummiy QIcccd of&id rcgiud or bd bowing? III. GEOLOGIC PROBLEMS. Would the pmposal result in or a) b) cl d) e) r) 8) h) 0 expose people to potentid impacts involving: Fault ruplurr? Seismic ground shaking? seismic groun~failure~ includii iii? Seiche. tsunlmri, or volcanic hazd? Landslides or mudflows? Erosioaclungesintaposnphyorunsmblesoil conditions hn at- gradin& or fill? Subsidence of the land? Expansive soils? Unique geologic or physicrl features? IV. WATER. Would the proposrlresult in: a) Chwgesin8bsmption~.Qrhuge latemdamountofsu6cenmofI? - b) Expowreofpeoplcorpmpnytowater&tedh&rds such as flooding? c) Dischaqeintosurf&ewatersorotber&emtionof surface wtfct quality (e.g. tempamm, dissolvecl oxygen or turbidity)? cl Cl Cl 0 0 0 0 Cl 0 Cl 0 El cl cl cl 0 cl 0 0 Cl 0 Cl El 0 0 0 El o-- 0 IXI 0 0 lxl Ia Ia IXI Cl lxl cl [XI LcsTtwl S@icant imprcr cl cl 0 lxl u cl cl 0 lxl 0 El 0 Cl cl •1 0 cl cl 0 0 ha 1mpJrr Ix1 RI lxl 0 El (XI El Ix1 cl 0 Cl lxl 0 0 cl 0 El cl (XI cl Farwitty Awmte Ronhwy Extension !I CiryofCur&&d * Dr& Mittgored Negative De&ration ,..-- vfimn d) d 4 chaaguirrthermoMtofnrrfrce~iarpywpn body? cimlgcsin-&orthecomrear~of~ ltKIVWlWtS? chauge5iulbeqwmityofgrauBd~* tbrmlghdirrctBama~ inraccpeiorJof8a~ifirrbyaasar-ar ~?a&&=-=ofw- . Altcddirrctionorrpeofflowof~~ lm=-equtliry? SUbStWti8lredustioDintbC8lUOtUttOf~ otlienvise8lmilablefbrpobiic#onsupplies? v. AIRQUALITY. Wouldthepmpod: 81 b) cl d) vid8te8nyairqurlityaaLukrdorcaxauteto8n UCkti&Ir~i~ViOk!iOO? -=Q=-m Alterairm- m~orPmprrmrr,acw8e wych8ugeindinute? cmteol@3ic4n8bkodoK? VI. TRANSPORTATIONKXRCULATIONOR’fAnON/CIRCUWnOkJ. wauld the a) W ‘Cl d) e) r) s) h&vehick~oratraiZiccongclrrim? HIlZSKktO=fWfiWIdWigUtanms(~.g.~ cuwes QT dangetous imusations) or incoulpatil uses (e.g. fbn equipment)? lldSpt8WWgW~8CWSSOPWWSStO~U!W? ldciint parking apwlty ah-site m off-site? Htifd$orbtniasforpcdcsoirnsorbicyclists? cooniwith8duptedpoIkks -A tmspomtion (e.g. bus tufnoug biik ndcs)? Rtbil.lVUUbtWol8iYmfliCillQWtS? VII.BIOLOGlUL J4ESOURCES. Wdd the pnqnd !wsuh 1) b) c) 4 e) iIIiUtpUSt0: Endw~~ Iwmresptxiesortheirh8bimts (in~kaotbircdto~fuh,iat#a, ~~(&g&q$oea)? Locdly dl&gnad n8tus8l comnmnities (e.g. ode fore% co8sId babii UC,)? wetland habimt (e.g. murb, riparbn and vemal pool)? Wildlife dispad or mipation cohdors? El cl Cl cl cl cl 0 cl cl 0 cl cl cl Cl 0 0 cl cl Cl Cl cl El PoreariJk Lesslhm fiiplfiit Srgdkanr U&S5 h= . . z 0 0 Cl cl cl cl cl cl El I5 cl 0 cl cl cl cl cl eo Cl El 0 sl cl 0 Ixi Ix1 : ixI cl El cl cl El 0 cl El cl Cl 0 u 0 Cl 0 0 0 Fan&v Avemrc RaomWy &tension t8 CiryofCkhbd ‘. n&i Mirram~d hlranri~r IlpImnrinm . .L_ - f- VIII. ENERGY AND MINEML RESOURCES. wouldtbe proposrl? a) Confkt with adopted energy amswath @ens? b) Use non-renew&k resowcs itlrw8stcfuIwd itldfidwt- c) ResultimtheIossofavriLbiliryofrkaowamina8I resourfzth8twouldbeoffuturelmIuetotherqial8lld the nsidents of the Smte? Ix. HA2ARDs. would the propcd brvolvez a) Ariskof8ccidatmlexpIosiooorraIaseof~ subsanccs(i&udin~batnotiimitedto:oiI,~ chanicalsorrdiarion)? b) Possible in&rheace wltb an --Pi ~anagGncy WWWittOpkn? c) ?hecrwtionofanyhtllthbazxdarpamtirlbeajih haWdS? d) Expsureofpeopktoexi&gsourceaofpaamhl healthbazds? e) Incmsefklmzardinmmwithfkmm8bk~ gtIBSS+UHTWS? r X. NOISE. Wouldtheprapoarlrrruhio: a) Incresses in exhieg noise levels? b) Exposweofpeopletoswaenoisehsvds? XI. PUBLIC SERVICES. Would the propoA havt m efhu 0) W cl d) e) upon,ornsuhinaneedforneworalcefedgwcrrrmcm senks in any of the following N Fire prow&m? Police potead? SChOOk? Maintenwce of pubiic facilii insluding ro&? otba govemmenf8l $erwi#s? XIl.LlTILITIES AND SERVICES SYSTEMS. Would the r 0) b) 4 d) Cl pDO&Sg=$0-edfwlleWSYSteloS~rupplk& 8ltaams to the ibtbwing utilities: Powaornrtunlg8S? Commmhti3ms~? Local or regional water ueamalt or distribution facilities? sewer or septic tmks? StormWIktWclrrinrgc? cl cl Cl cl cl Cl cl 0 CI El 0 0 cl 0 a Cl 0 0 Cl 0 cl cl cl Cl 0 cl 0 0 cl 0 Cl 0 Cl Cl cl 0 cl 0 Cl cl LesThaIl S:@iant h=t El 0 0 0 El 0 0 0 lzl 0 0 cl cl El 0 lzl cl 0 Cl El Faran@ Avenue Rodnqv &mim 19 nrnli Mirinnrsrd hfdm.k..- n--r ____ :-__ Cirv of Gadsbad jssues (and Suppartins Iuf- Smuces& 0 g) SoIid~disponl? Local or regionaI wotct supphs? XlII. AEsTHEncs. Wouldtbe~ a) Affilctasamicorvishorscatic~ W Have a QmaDwroc Iqptivewsthetic~ cl creaalightargl8re? XIV. a) W d d) 6 cuLTuRAL-. waddlh8pupm8k Disaub~mourcu? DiStl&dMEOk@dtWWXS? AfkUbistmidmtuwes? H8VhCjHKUkWtOC8IW8pbyrierl~WhiCh wcddafFwLuniqw8timic~v8Iuaa? ResaiaexistbgrcligkwoIrracduseswitbiutk jlOtddiUlpWtIrrr’l XV.RECREATTONAL. Wouidtkpmpd: a) b) I XVI. a) b) cl lacrawtbetk!uwdfor~orregiawl pokr--=-+~irhr? AffWtWiStiUgfCUWWWl . MANDATORY FIllDINGS OF SIGNIFWLUCE. DoesttteprojecthrvethrpotwtialtQdegt8delbe quahy of * mviromnms subsmutiaIlyrcduectba habitatofafbburwiWfespec~auscrfisba wildlife population to drop below selfarspining kvelr, timatwtottiminrrc8pkuturwiumlcouwwhy, rwluccthcnuntbcrorrcsuktthcrangeofrtwca abngeI4pbator8ailn8lorelimia8teimparpat ex8mpksoftherf@orpwio&ofCZaMomk~ismeya prrhinwy? e. DWStkp&C!&VCilllpWUth8t~hldiVidurlly limit& but (“Cumulrtiwcy coudaae” Ill bracAlarpleffwtsof*pojenaTecowidIu8bkwben vicwedinamtbe&nwidtthcd&asofputapjcar theeffcusofcJwrcmTaltprojeas,8ndthccffeasof rtizzp cuvhmmal effeas whii will uuscthesubsWi8ladvasccfkasonhumanbciqp, eithadirculyorWi cl cl 0 cl cl 0 cl 0 cl 0 0 0 cl 0 0 * Cl cl _ I IXI . cl Nn lmpacl 0 0 0 ’ 0 0 lxl Forodqv Avenue Roudwybtensitwt Draj Mittgated Negative De&ration 20 CiryofCdsbd * m. EARLIERANALYSES. Earlieranaiyscsmaybeused~plasuanttothe~ain&~~EIRor~thcr CEQA ~~OCCSS, OIIC or ~OIC e&cts have bttn ad~uatdy anaiyzcd in an cariia EIR or negative decfarati~t~ Section 15063(~)(3)(D). in this cask a discusion should iden@ the foIiowing on machai !kccs: a) Eariieranaiyscs used. I&XI@ dierdyscs andsfatc where they arc available fbrxeview. W impacts adeq-iy ~ IdmtifL Which c&ts &xl the above checldist watwithin~scapeofand~analyzcdinaaearfiadocumcntpursuant toa~~~~eiesal~and~~such~~wcreaddrrsstdb~ mitig8tion lllwKcsb8sl?dcmtbcalrlier8n8i* ; cl Mitig8tionmwslxes. FOWfhtStbat~r#sthallSicmif;PamWithMitipatioll Inmu describe the mitigation xtmmres which WEE incorporated or refinod~thc#irsicrdocrrmentand~~to~ch~cyadcErrsssite- spccificccnlditionsfbrthc~ . . Fara@ Avanvt Roohwy fjamrm 21 l-n,“& Ali.;““.,.rl AI----.- h--l ---- :- CirybfCdrbad * .: GEOLOGY _ - 1. Idomatioti and rcco~ians ptuvibd in tk Leighn and Assocks. Inc.. project gm&micaVsoils report &all be iocorparared into phi for site gmding and consuuction. 2. AUgradingandsubscquatt~opm5tplans~knvinvedbyacarificd~~ a&/or cx@ehng gadogist pzior to iidadon to dclmninr the need for additional mcasurcsaud/oratud* Dtxingthereview,spccialamsi~shallbcgivaltotbc loose, potentially comprcssibk surf& deposits in the f&m of topsoil, ~hmium siOpcwask undocumcntedmso~audlandslidc&bris. Such~will~remedial~ng where cm~untcrcd. WATER 1. Prior~ollpprovalof~acsirm-a~oontrolplan~btphparedbyaiicensed hyddogy cnginwr. The piaa shall idme@ tempOmy aud pcmmcnt emion c0ntrO1 mwsurcswhichwillbeUtifj7CAduring~aDdmbcincht&din~impr0vemcIlt plansforthe~ject,tothe~nnoffhtpubiicWorks~. BIOLOGY 1. Sagescrub~~be~~cw~~paridands~~off-sitcpurchast. Thc6amsofsepesaDb~~bytheroadcank~~mitipatrAwitbin thcstudyarca A2:lrep~catratiois -giventilegoodql.udityhabitat proposedtokrmrcrvtd. Agapisprqmsaibetwccn~0lf~I3and130nthc~ CarlsbadGolfCoursepmjccttotbesouth TbishasbccnpmiOuslypmposedasamitigation area for the golf course (these links would be sitmted below tbc mad). The gap provides an ~tocorm+cttheripsrianhabitataa~baseof~oCaayomktowthe~ routcforFaradayAvmucwitbsage~~akwetheroadsndwithinthesndy~ Arcas~bovc(i.e.,north)thtraadwitbinproposedparijrrndswouldbeanoptimalplaccto provide mitigation. This wmld impmvc cmidar fi spaming tk canyon in.an area wbcrc open agricultural fields cumntly deter Some wildlife ttmmnuk AmitigationaltanarivcwouldbetheprPe$aseofsagescrubinnAaIlta2:1~ratio within tk chrism MitigationBa& 2. Foreachsprmg~ortoconstnrction,a~~srPveyfwthel~Btll’sviho~k conductcd.inrhe ripian woOdAand of Macmio Caayon. Suneys have been amduct&fix tbcl!3!Bbmdingscasmandnofurtbcrwweyssbpllbc~rbouMcansauctionbcgju intkycar199!4. Tbcptnposcof~y~~~~sunnysistoidmtifythtlocati~ofany nesting sites in order to avoid construction r&ted noise impacts. bstmction on sqmcnts oftheroadwaythatwlocatcdin~vicirdtyofnstingbizdsshall~-~rmtitefta - August 1, when the nesting cycle is compkcd. Fma&v Avenue Rcdwq Extension 22 Dr#ii Mitigated Negative Declaration Ci~uf&dsbd * I....- tnno I” Paleontology 1. Priorto issuanceOfagradingpamiSaquaiificdpeleaatologirtshallbtmainedbytheCin- tOCanyOUt8!l approp?iatt miti@km prow (A qdifted pakontolo@st is’defined as an individual with an MS or Ph.D. in pakmt~logy or geology who is familiar with paicontoiogical produns and tEcbn@m.) 2. A~~~paleona6io~sballk~at~~matiagtoconsultwiththt gradingdex~cmco~. 3. A paleont~logical monitor &aII be on-site a minimum of ha&time fking the origirul cutting . of pmiously Ilndhhd scdmtem toinspcctcutsfbrcorataiaed~ Intheevcnttbat fossils arc &COVC&, it may be llcctssary to inaease the palday in field IIIO&O@ time. Conversely, if fbssils an not being hund thw the ttumbiq should be reduced. (~wnt~logical IW&O? is d&d as IID individd who has UC@CIUX in the collection andialvageoffodmntrrialn. lhepaleanaologiallmonitorsllallwarkunticrthedircction of a qualikd paleonto~ogisL) 4. whtnfossilsaTediscovendthe~logist(or~logictdm~)shanrccover them. Inmostcases,thisfosJil~~canbecompietedina~periodoftimt. However, somchssih spccimms(suchasacomplctelargcmammaiskcleton)mayrequih mextendedsahggepaiod. Inthese~thcpai~10gist(or~eonta10gicaI monitar)shallbeallowedtotemporariiy~diwrt,arhahgrading~~Aowrrcovayof fossil remains in a timely matmer. Bcc?mscofthcpatentialfortherccovcryofsmallfossil remains,suchasisolaxedmammalteeth,itmaybe ~incerCaininstances.tosetupa screen-- opembn on.tb site, 5. Fossil remains ~~ilccted during the monitoring and salvage portion of the mitigation program shalibcdcaned,repairrd,~andcamloged. 6. Prepared fossils, along with copiesof alI pertinent field notes, photos, and maps. shall either be deposited (as a don&on) in a scientifk institution with pclmanm pzikon&~ogiciiI collections such as the San Diego Natural History Museum or ret&cd by the City a& displayed tq the public at an appm@atc location such as a Iibxary or City HalI. 7. Afinalsumrnaryrepartsballbecompletedaad~onfileathtcitythatoutlinestht resultsofthcmhigationpogram. Thisrcportshallinciude~ons0fthemcthods~ saatigmphic section(s) expose& hssiis~ and signifi-ofrccovered fossils. Archaeology 1. prior to grad& a qu3Iified archaeologist shaI1 be retained by the Cic’to dctcrmk the significanccbportancc of the portion of site CA-SD14303 that will be impact4 by grad& activity. The dcmmina’ tm of significance/importance shall be made through a testing program and shall be consistent with City of Carl&ad and CEQA criteria The testing Famdqv Avenue Roadnqv ttrnrion 23 nmfi Miriamr~d N~~.wes.s narlewd~” Ciryofcarkbad - program sbaii consist of suxfhce coIieuion of artifacs, rc!cdbg of mi1ling fearurts. excavation of shcm~ test pits and 1x1 meter units to detcmk site size. depth content. int@yaudpotcntiah~importaat~-qu;aiws. ArcportshaJJbcprejmd .- ., sl~~thcresuiBofthcttsting~. ThercportshatIcontainrccommwdations fordaFarrcovayforthesitcaitis~~0k~~mponantMdaCi~of Carl&ad and CEQA criteria 2. IfmmsuitofthcMingprogttun~in~Mmtre l,siteCA-SDI-8303 is deocrmincd-ao.k~~~~~a~rrcway~~sbalIbeimpf~~. . TheciamhcowryprogmmshaIibe~in8cmf&twwiththe~ons fiKdararecovayaspwvidediathctestingrcpartreqrrihdluxkr~onMwsure1. f F-A-RwdmryEaMion 24 Drql Mitigated Al- &&m&t ciryqfcd?bd - THIS IS To == mf I HAVE l?EviE- ‘IHE A&% htrllCiA’IMG h4EASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. . Fm&vAvemeRaiadwyExtensiam 25 Cifyopcorlftd * rL,& a,:.; --.- 2 *l---.L.- m--,---z-- - L I I I I 3 I I . t i f : I ; i i . I I I I . . . A Y f E p# . 3 i -B Ldi B.S. alou . . a sg Fug qg ig CP 9.?? arou I- 8c 3 1 0 ._.-. -. ,I! 8 . a - l 0 1 i I- ?! i I- it IO -. b’ . . n =- E K, .m y a H 0 0 2 *a. la 8' fp .;, $ : .-- a0 I!@ '1 ri&i I f I 5 a (I P”s 5 Ba t ! . i % 3 i! X X 0 00 hr s e .: q . . E W . . -. u” I i! c - b g .- eg”P4 $&p I ~%‘“&i &&dr; l _ - a X . /- 1 2 ! 4 5 6 7 8 9 10 11 12 f- 13 14 15 16 17 18 19 20 21 22 23 24 - 25 26 27 28 . - . ON -Oh NO. 4451 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARUBAD, CALIFORNI& APPROVING COASTAL DEVELOPMENT PERMIT NO. CDP 96-39 OK PROPERTY G ENEIU&LY LOCATED BETWEEN THE EXISTING TERMDKB OF FARADAY ROAD AND FUTURE CANNON ROAD IN LOCAL FACIIXIES MANAGEMENT ZONE 8. CASENAME: FARADAY ROAD EXTENSION ENO.. . 98-39 WHEREAS, the Ctty of C-bad, Wcve@r”, has filed a verified application I regardiag property which consists of Faraday Road-Right-of-Way (“the Pqerty”); and WHERE& said verified application constitutes a request for a Coastal Development Permit as shown on E&bit &A” dated January 6,1999,on file in the Planning Department, FARADAY ROAD EX’IENSION, CDP 9%39 as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 6tb day of January 1999, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments. if any, of all persons desiring to be heard, said Commission considered all factors’ relating to the CDP. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That’based on the evidence presented at the public hearing, the Commission Al FARADAY ROAD EXTENSION, CDP 9&39 based on the following findingsan&sttbject to the following conditions: &Jf,&$ . 1. That the proposed development is in conformance with the Certified LOC~I coastal program and all app~icabie poiicies in that the project site does not include any ama of designated Coastal Agricultural Lands; there are no steen nsatwrcaI clnnrr wi+hb +h* I 1 ? 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2s 2. 3. project area (greater than 25%); the improvement of the street will not obstr”. views or otherwise damage the visual beauty of the coastal zone; and tbere are ..- arks of geologic instability within the project area. That the proposal is in confhnity with the public access and recreation policies of Chapm 3 of the Coastal Act ti that the improvement to the road will not interfere with the public’s right of aax!ss to the sea or jeopvdizt any existing or potential coastal water-oriented recreational opportplrltits. That the project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.03 of the Zoning Ordinance) in that the project will adhere to the City% Master Drainage and Storm Water Q&ii Management Plan and Gnding Ordinance to avoid increased runoff and soil erosion and the site is not located in an area prone to IandsIidcs, or susceptible to accelerated erosiorr, n00ds or iiquifktion. 1. 2. 3. 4. 5. 6. Staff is zmthbed and d&ted to make all anrections and modifications to the documents necessary to make them internally consdent apd in confozmity with final action on the project. Deveiopment shall occur substahally’as shown in the approved Exhibits. Any proposed development different from this approval. shall require I- amendment to this approval. A grading permit issued by the City Engineer consistent with ail City grading policies and ordinances is required. Grading is prohibited from October 1 to April-i. The City Engineer may permit an extension of the grading season until November 15, 1999 if ail precautionary measures regarding erosion, consistent witb the Cityls grading ordinance, have been put in piace, Storm drain facilities consistent with the Master Drainage Plan shall be installed as required by the City Engineer. Soil erosi control pnctices shall be used rg8inst Yonsite~ soil erosion to the satisfaction of the City Engineer. Offsite drainage sham be preven&d through sediment control. Control methods shall be shown on the grading plans to the satisfaction of tbe City Engineer. PC RFCn NTn M<I PASSED, APPROVED AND ADOPTED at a regular meeting of the Plannrn~ Commission of the city of G&bad, CMotia, held on the 6th day of Januap 1999. by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: BAILEY NOBLE, Chahpamn CARLSBADPLANNIN G COMMISSI6N ATTEST: MICHAEL J. HOLZMIUER Planning Director PC RESr, Nn ~41 LOCATION MAP PROJECT NAME FARADAY ROAD EXTENSION >LVI LVAL;, LARUUIU thwhunlhu “tr! PROJECT NUMBER CDP98-39 APPENDIX “B” .- MITIGATED NEGATIVE DECLARATION CASE NO. CDP 98-39 /- l Notice of Determination 90048 9 l-0: cl 0ff;ce of Planning and Research From: CITY OF CARLSBAD 1400 Tenth Street, Room I2 1 Planning Department Sacramento, CA 958 14 F f b E D2075 Las Palmas Drive aa*ArnRmr*rrc --a&bad, CA 92009 lxl County Clerk SEP 2 3 mso (760)43&l 161 County of San Diego % Mailstop 833, Attn: MITA ‘=- PO Box 1750 San Diego, CA 92112-4147 Project No: CDP 98-39 Filing of Notice of Determination in compJiauce with Section 21108 or 21152 of the PubJic Resources Code. Agreement for Design Services for Faraday Avenue Extension Project Title State Clearinghouse NO. City of Carl&ad, Christer Westman (760) 438- 116 1 ext.4448 Lead Agency, Contact Person Teiepbone Number From the existing terminus in C&bad Research Center Unit V to the intersection with Cannon r Road. Project Locations (include County) Project Description: Contract for the design of Cannon Road extension. This is to advise that the City of Carisbad has approved the above described project on September 8, 1998, and has made the following determination regarding the above described project. 1. 2. The project will hot have a significant effect on the environment A Mitigated Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures were made a condition of the approval of the project. 4. A statement of Overriding Considerations was not adopted for this project. 5. Findings were made pursuant to the provisions of CEQA. This is to certify that the final Mitigated Negative De&w&ion with comments and responses and record of project approval is available to the General Public at THE CITY OF CARLSBAD. ‘. .Lc : \r ._ .- I’ ()N OCT 2 fi Km l l City of Carlsbad -.. MITIGATED NEGATIVE DECLARATION Project Address/Location: South of future Cannon Road and north of the existing terminus of Faraday Avenue. Project Description: The construction of a 5,400 foot segment of Faraday Avenue in a split alignment. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Mitigated Negative Declaration (declaration that the project will not have a significant impact on the environment with mitigation) is hereby issued for the subject project Justification foi this action is on file in the Planning Department. A copy of the Mitigated Negative Declaration witb supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within 20 days of date of issuance. If you have any questions, please call Clxister Westman in the Planning Department at (760) 438-l 161, extension 4448. DATED: JULY 2,1998 CASE NO: CDP 98-39 CASE NAME: FARADAY ROAD EXTENSION PUBLISH DATE: JULY 2,1998 MICHAEL J. HOWILHR Planning Director c -- 2075 La Palmas Dr. - Cartsbad. CA 92009-1576 l (760) 438-l 161 l FAX (760) 438-0894 (9r, APPENDIX “C” HABITAT LOSS PERMIT 4(d) DATED JANUARY 20,1999 US Fish & Wildlife Service Carl&ad Field Office 2730 Loker Avenue, West Carl&ad, CA 92008 (760) 43 l-9440 FAX. (760) 43 l- @CEIVE Ms. Sherri Howard Associate Engineer JAN 2 2 I999 ENGINEERING DEPARTMENT . JAN 20 1399 city of Carl&d 2075 L~J Palmas Drive Cadsbad, California 92009 CA Dept. of Fish L Game 1416 Nmth Street PO Box 944209 Sacramento, CA 94244-2090 (916) 653-9767 FAX (916) 653-2588 Subject: Habitat Loss Permit for the Faraday Avenue Extension; CDP 98-39; Carlsbad Project No. 3593 - Dear Ms Howard: .- ‘l’he U.S. Fish and Wildlife Service (Service) and California Departmmt of Fish and Game (Department), hereafter collectively referred to as the Wildlife Agencies, have completed their review of the Habitat Loss Permit (I&P) submitted by the City of Carisbad (City) for the Faraday Avenue Extension project. In addition to reviewing the materials atEached to the HLP, the following materials were consulted: the Mitigated Negative Declaration (ND) for the Faraday Avenue Extension; the “Draft Expanded Initial Study/Mitigated Negative Declarntion for the Faraday Avenue Roadway Extension”; the “Expanded Initial StudyIMiigated Negative Declaration Mitigation Monitoring Program for the Faraday Avenue Roadway Extension” prepared by CottonIBelancVAssociates (June 1998); the biotechnical report prepared by Me&cl& Associates, Inc. (June $1998); the City’s drafi Habitat Management Plan (HMP; October 1998); the Final Env@nmental Impact Report for the Car&ad Municipal Golf Course (March 1998); and the Revised Draft Environmental Impact Report for the Carlsbad Municipal Golf Course (October 1998). Ms. Julie Vanderwier (Service) and David Lawhead (Department) also met with you, Christer Westman (City), and John Strohminger (O’Day Consultaats) on December 3,1998 to resolve outstanding mitigation issues. The Faraday Avenue extension project site, is located in the northwest quadrant of the City of Carl&cl (City), south and east of Agua Hedionda Lagoon, north of Macario Canyon and Palomar Airpbrt Road, and west of El Camino Real. The project would extend existing Faraday Avenue approximately 5,400 linear feet from its westeriy terminus to connect with future Cannon Road. With the exception of a small portion of privately-owned land at the western end of the proposed project areq the X&foot wide right-of-way for the road is under Cii ownership and identified as open space in the City’s General Plan (1994). Faraday Avenue has been designed to be a “split” roadway which will result in a linear and vertical separation of the two 26foot wide travel lanes in several locations. Cons&u&on is anticipated to commence in July 1999 and be completed by December 1999. Pfojcct implementation wouldresult in the dire& permanent loss of approximateiy six acres of Diegan coastal sage scrub and one pair of the federally-listed threatened coastal California gnatcatcher (Pdioptilrr c&f&mica caZ@mica; gnatcatcher), one-half acre of non-native grassland, and an unspecified amount of agricultural and disturbed lands. No direct impacts to southem maritime chaparral or riparian/mulefat scrub communities are anticipated. Ms. Sheni Howard 2 1 Direct project impacts to coastal sage scrub and the gnatcatcher, and indii impacts to the gnatcatcher, will be mitigated at ratios of 2:l and 1: 1, respectively. OfFsite mitigation will be through the use of 10.8 acres of credii in the Carl&ad Highlands Conservation Bank (already secured). On&e mitigation includes restoration of coastal sage scrub on 0.86 acre of contiguous agricultural fields on Veteran’s Memorial Park and 0.08 acre of cut and fill slopes. The restoration plan (which will include a monitoring program and success criteria) will he submitted to the Wildlife Agencies for our review and concurrence. Additionally, cons&u&on activities will be restricted to that period outside of the breeding season (February 15 to Au8ust 15). If construction activities must occur during this time frame, the City proposes to conduct pre-constnrction surveys to identify active nests within 250 feet of the construction zone. If active nests are found, no construction will occur within 200 feet of an activt nest until the end of the breeding season (August 15). Based upon our review of the information discussed above, the Wildlife Agencies have determined that the HLP for the Faraday Avenue Extension pro&t is consistent with the interim coastal sage scrub loss criteria established in the NCCP Conservation Guidelines as discussed below: . The habitat loss does not exceed the five percent guideline. While the City has now exhausted its five percent allocation, sufYicient acreage was reserved by the Cii to accommodate the loss associated with the Faraday Avenue won project at its November 17,1998 City Council hearing. As such,sufficient acreage exists for the loss of this 5.5 acres of coastal sage scrub. . The habitat loss will not preclude commctivii between areas ofhigh habitat vahms. The project is located at the southern edge of Core Area 4 which connects to Liige Area F (dmft -- HMP, October 1998). The roadway is i&m&d in the City’s Circulation Element and has been designed to be a “split” roadway which will incorporate a vegetated median in some areas. Immediately north and south of the roadway, agricultural lands are proposed to be revegetated to coastal sage scrub to a&St in the dispersal of bii species, particularly the gnatcatcher. As such, it is not anticipated that the loss of coastal sage scrub associated with thii project will preclude co~ccthily from Linkage Area F into Core Area 4. . The habitat loss will not prechrde or prevent the preparation of the sub-regional NCCP. The loss of 5.5 acres of coastal sage scrub associated with the Faraday Avenue Extension would not preclude or prevent plan preparation as the project has been reviewed in light of other planning efforts and the mitigation proposed would assist in achieving the goals identified for this area in the City’s HMP through the restoration of coastal sage scrub in a key location and conservation of lands in the Carlshad Qhlands Conservation Bank. . Habitat loss has heen miniiized and mitigated to the maximum extent practicable in accordance with Section 4.3 of the NCCP Guidelines. Mitigation for direct and indirect impactstocoastalsagescrubhasbeenprovidaiataratioof2:l and l:l,respectively,fora totalohl@ionof11.75acres. Aspreviouslystated, theprojecthasbeendesignedtobea “split” roadway which will incorporate a vegetated median in some areas and agricultural badsareproposedtoberevegetatedtocoastalsagescrubimmediatelyMHdrBRdSOUthoffkt project to assist in the dispersal of bird species, particularly the gnatcatcher. . The habitat loss will not appreciably reduce the likelihood of survival and recovery of the wastal California gnatcatcher in the wild. One pair of gnatcatchers would be directly affected by project implementation, however, this loss would not preclude or appreciable reduce the likelihood of survival and recovery of the species. Ms. Sherri Howard 3 /c . The habitat loss is incidental to otherwise lawful activities. An Initial Study was prepared and ND adopted for this project in the fall of 1998. Identified impacts will be fully mitigated through the wnditions which have heen made part of the project description and mitigation and as requirements of HL.P issuance. Based upon the project’s consistency with the interim loss criteria discussed above, the Wildlife Agencies would concur with the issuance of the 4(d) Special Rule permit for the Faraday Avenue Extension project, provided the following conditions are included: . Revise the breeding season for gnatcatcher from August 15 to August 30, annually; . Direct and indirect$mpacts to least Bell’s vim (Vireo beZliip&Zfrs; vireo) should also be addressed through the use of breeding season restrictions for grading and construction activities. The breeding season for vireo extends from March 15 through September 15, annually; and . Wildlife Agencies’ review of the coastal sage scrub restoration plan. It should be noted that this habitat loss permit only allows for the loss of 5.5 acres of coastal sage scrub associated with the Faraday Avenue Extension and expires within one year of Wildlife Agency concurrence. The acreage of coastal sage scrub impacts and preservation should be submitted to SANDAG’for their use in the regional tracking system. Please provide us with copies of any notification regarding the expiration of this permit. r-- If you have any questions regarding the contents of thii letter, please contact Julie Vandenvier (Service) at (760) 4319440 or David Lawhead went) at (619) 46714211. Sincerely, Field Office Supervisor U.S. Fish and Wildlife Service fL.dJj$ WilIiam E. Tippets Habitat Conservation Supervisor California Department of Fish and Game cc: Chris&r Wesbnan, City of Carlsbad Don Rideout, City of Car&ad David Lawhead, CDFG #l-6-98CA-029 0 mmE City of Carlsbad. -. December 23,1998 Ms. Sheryl Barrett, Assistant Field Office Supewisor U.S. Fish and Wildlife Service 2730 Loker Avenue West Carlsbad, CA 92008 Mr. William Tippets California Department of Fish & Game 4949 Viewridge Drive San Diio. CA 92123 Re: Habitat Loss Permit for Faraday Avenue Extension, Project’ 3593 (City of Carlsbad) Dear Mr. Kobetich and Mr. Tippets: On November 17, 1998, a Habitat Loss Permit was approved by the Carlsbad City Council for the Faraday Avenue Extension project. The subject property is located in the northwest Quadrant of the City of Carlsbad, as shown on the attached location map. The project will take 5.5 acres of coastal sage scrub. . Pursuant to the 4(d) rule for the California gnatcatcher, this Habitat Loss Permit is being transmitted to your offices for the required 30 day comment period. The comment period will dose ‘on January 22, 1999. A copy of the staff report to the Cii Council is attached. Supplemental materials we(8 provided previously during the CEQA review process. Additional copies of the studies will be provided at your request Attached for your reference is a tabulation of all coastal sage scrub losses authorized by the Cii of Carlsbad since March 1993. ‘- The City and your staff representatives Julii VandeMlier of the US Fii and Wildlife Service (USFWS) and Dave Lawhead of California Department of Fish and Game (CDFG) met on December 3.1999, to resolve issues raised through the publication of the Mitigated Negative Declaration for the pmject and resolve issues surrounding the mitigation measures required for the project impacts. . . The Faraday Avenue Extension is located in an area commorily referred to as Macario Canyon and extends Faraday Avenue from its exiting westerly terminus to a future intersection with Cannon Road. The area is currently used for agriculture. Project impacts will be 5.5 acres of direct impact and 0.75 acres of indirect impacts. The mitigating proposed for these impacts is as follows: 1, Mitigation for the direct impacts will be a 2:1 ratio totaling 11 acres and will be through the purchase of credits from the Carlsbad Highlands Mitigation Bank. ~ 2. Mitigation for the indirect impacts will be at a 111 ratio totaling 0.75 acres. -’ 3. Mitigation will be provided through the use of the remaining available credits in the Car&bad Highlands Mitigation Bank credit purchase. Mitigation Bank Credits totaling 20 acres were purchased for the Cannon Road W&t project. Actual usage of the credits for mitigation for Cannon Road West projects left an available balance. The proposed use of the credits is as follows: 2075 Las Palmas Dr. - Cartsbad. CA 92009-1576 - (760) 436-l 161 - FAX (760) 431-5769 @ December 23,1998 Page: 2 Ms. She@ Barrett and Mr. William Tippets Habitat Loss Permit for Faraday Avenue Extension, Project 3593 (City of Carisbad) F- Cannon Road Reach 1 - 4.8 acres Cannon Road Reach 2 - 3.77 acres Hidden Valley Road - 0.27 acres El Camino Real - 0.35 acres Faraday Avenue - remaining - 10.81 acres ,- 4. The total mitigation requirement is 11.75 acres. Use of Carfsbad Highlands Mitigation Bank Credii provides 10.81 acres leaving a shortfall of 0.94 acres. in addition to revegetation of the slopes adjacent to coastal sage scrub (Station 51+50 to 61 on the south side and Station 48 to 61 on the north side), revegetation of 0.86 acres is required. The revegetation is proposed on a piece of land currently farmed between the existing coastal sage scrub and the proposed md between Station 43 to 48. The revegetation plan will require approval of the USFWS and CDFG prior tpo implementation. A monitoring program and success criteria will be included in the revegetation plan. 5. To ensure there are no impacts to sensitive bird species if const~ctii begins between February 15 and August 15, the City will conduct pre-construction surveys for active nests in suitable habit within 250 feet of the construction zone. if active nests are found, no construction will occur within 200 feet of an active nest until the end of the breeding season (August 15). If you have any questions regarding this project, please feel free to contact me at 769- 438-l 161 extension 4427. Thank you for your cooperation in this matter. Sincerely; ehmsu SHERRI tiOWARD Associate Engineer Attachments C. Public Works Director Traffic Engineer Principal Civil Engineer, Richard Alien Principal Planner, Don Rideout Associate Planner, Christer Westman O’Day Consultants, John Strohminger PROJECT NAME FARADA Y A VENUE EXlSTING WESTERLY 7-ERM/VW TO CANNON ROAD PROJECT EXHIBIT I I NUMBER 3593 ? -. ~BAD AGwDABy;J’i- ’ m --- s VW -- I I m /* 997 I,ULfZ RESERVAllON OF ACREAGE FOR VARfOUS CITY OF Ci I I CAPKALMWROVEYENlPROJEC7SFROMTHEMlERIM mm. <m SAGE SCRUB 5% AUOCAlWN At40 INTERIM COASTAL SWE SCRUBTAKE PERMtTFARAMY AVENUE [DEPT. HD.U CT& ~CWUIENDED~~ AdqrtRssoiutionNo. W-ARir tlppmhga- of4.emlcmsfr#nth3Cit)rsa#owabk takaofcosstd=~s-for-~knpmvsmwrt~ Ackpt Resdutkn No= ,m. appdng aninWn-w&ubTakeparmitfor Fanday AvenWS, projed bh 3593, and S&bad@ 5.5 SU8S fr#n the WS 6% SbCS6OfL I mExpLANATK)N: lhelistingd~~-gnstcatcllar~a~speciea -ttleraquirement forrFederal~b~myaoPstPlsageserub~~ AspecWpwmitandprocssswas xm&edunder~S~4(d)~toO~~wwI~ Thkpemitandproasss iskmwnasthe4(d)lnWim-mSarbThPem\K I TO~.#I.OLI~dtho~~Sntd<shave~~ar~faCOty~. 4.62acresofthe~ 165.7OacresFemains. withthis am, or 18% of the total scmaga avaiiabk. fl!m3wation,theuaaga~tymcnyls30~ I Page 2 of Agenda 6ii No. Irl. r l3nhmed mtiew is being o#npleled using a worst case impaCt b coastal sage suub. After final determination of actual coastal sage swb impacts. sbff wiii return snd: 0 Reque&aSecth4(d)htwimCoastalSageSuublake~~ 0 RequaDt~t~CandadoptIha~~~Ps~inIheNatualCarmrrnities . . --Jmb- - 0 S& deducthdthe~aueageofirnpacthmth~53Calkgti#rand theunused~ femaining4.6Zacres*thevahusCapitaf?mpfwement Pmjeckfromulacsty’s5%siloca~ piatoreceMngalld&cMharyadionsbasedontheabuvefhdings. III ad&ion. thk agenda bill is a mquest Interim Coastal Sage saub Taker Pew+ tiM14FmT by- Q1IIIp(cBcd. mefdlonir;g~ 0 lheFamdayAveme-is~in~Cayanand~F~A~ - mmikeldsmgkrmiluswaswytotha~-withcannonRmd.~ 1. ~inpad~brmrll,kwqwlity,andwillnotleopardire~C~~iY~bulilinthh4(d) pC’ltS8~Other~ 2 DmWmmt ofttre project has signikant economicand other berm& for the Cii. 3. Without approval of the 4(d) permit, an alternative permitting mechanism for the coastal sage scrub impact would have to be pursued, potentially Maying construction of the project #u8st8ff-titnlsappmvsd,ltwB~Tokbpwmitwabe submibd lo lhe U.S. Fish atldwild~sarvics8lKJ~ D8pdmwdFish8ndGamekrlhe~3od8yf8view pehd. wno~b~bylhcm~wi(hinIhs30dy~.lh8permitwiHhave6n81 OpavaL ~~w-mf8klvdidwye8ryewlh8d8l8d6mlapproval. Nocsc8lknpadb8ssod8t8dwithlh8~adion . BtHBKS: -.. 1. bJcatlonM8p. 2 Resdubon NO. qf*36(8pprcn&g . 8flBS-d4.628UC5fr#ntheCi3rkdkwabk takeofwastalsagesuubfor~Capitd~pIojeeh 3. R8lmhan m. 96-pgt ~8ltiIltBhcO8St8t~sU’lJb~8k8pemJtfW FarsdayAvcmut,~No.~3,andsublraeling5baahsfmm~clty’s5%~~, LOCATION MAP . ’ ROJECT NAME EXHIBIT INTERIM COASTAL SAGE ,SCRUB TAKE PERMIT I 1 2 3 4 5 6 7 6 B 10 11 12 13 14 15 16 17 18 18 28 21 i RESOLUTION NO. 98-385 A RESOLUTiON OF THE CITY COUNCIL OF THE CITY OF CARLsBAD, CALIFORNIA, APPROVING A RESERVATION OF 5.11 ACRES FROM THE CM’S ALLOVUABLE TAKE OF COASTAL SAGE SCRUB FOR VARIOUS CAPITAL Wi-lEREAS. the lJrGt& States Fsh 8nd WIMlh S8wic8 has bted the Coast81 California maleabchcr as 8 ltlmmmdspeciss8nd,~~toesitaimprolhdionsan#dedbyth6 ~llg6mdspeciesAct;8nd wHEREAs,th8saaetaryofth8~has~8spedalR~asprwidedunder ecion4(d)oftheEndangered!@ecksAct~threa~spa~:and wliERms,lhesp8cidRldeprw#ssguiddbrasforLrterbnl6lkedlhe-c8ffimia na--P-m- WidrpQrwalOflorgc#r;ea)spta~p~U8ntbth6Nahrnl pnmunitiesconsenmtion~(NCCP)pmgf8mdths~of~,8nd wHEREAs,among~ol~~Rukioan~proassfarsrppmva~of ~~~.which~meyba~~IhsSonDiagoCarnlyree#n~tak~S%d \ I I 1 cu da P taswsageswb~asdluafchz5.1993;snd WHEREAS. the City of C8riskb portionofth66% 8aow8bklakehasb6?enc6llculdedb I q6S.7 8CfBS. 8nd all impacts to coastal s;oQe SCNb during the interim fXWiOd muSt be btI8ctedfmmthis8momtand VMiEFtEAS.lheCUyoflSMsb8d h8s8doptedaplioMmb8ys~8nd~sfor ~ningw)ljEh~~shouldbsolkwedtodcdud~~s%olkgtions;and wHcREAs.~A~hnpaeQ1.S~oS~lsagswrubandise#wid#cd~ ==JPriorityPM=Winpact~ UWEREASth8ramainkrgC6lpii~ ~,hsehimpadlesslhanone(1) nof~~r#xubandiscons~8fwstpriorityprojedbyimpad;8nd WRBFPEAS,~pojscts6tN3CltyClpitalProJedEreqtlirsdtO~8Omwth~~ W8rd8nd~firstpriMctyprojeckbyprnjecttyp8;and WHEREAS. the City% 5% allocation is nearhg depletion, thus 4he pmj8ct type & r m 26 aansidsred;and 27 WHEREAS, the priofitiz8tion guidelines allow commitment of acmage from the SK 2e allocation prior to the project receiving all discretionary action: and f- 1 2 I I 5 il 3 a 4 s 6 8 51 7 6 6 10 11 12 13 (- 14 15 16 17 a all th al ci 10 III 20 I// n I// p I.4 # I// I// 24 I// 25 /If /+-- 26 III 27 I/l 26 /I/ WHEREAS, Attachment 1 to this resolution k a listing of all projects which have been t&M by the City Council pursuant to the Special Rule bo impact am&al sage sQub habitat n c&bad sb March 25,1993, inciuding a stalernent of the rtmaining number of 8CmS lvaibbl6!bth8~cityfrromthe541rdlocation;and WHERE4S,whenapprovingintarimimpadsbu38sl8i~s~h8bit8twrderthe %peditedpfocesspFwidadby~~Rule,~~~ fortheCityCouncllto8dopt evenspedfithdings~idrarsoutlbredinthcNCCP~Guideiinw;and VwmEAs, CEQA guiddims require envir#meti eevjew to be completed before the 1ddssignOfthOpFojectCanbe~and ‘, WIGREM, these projsds, through the find desii process may impact more or less ~l~gethan~~st~~ofda~ofthe~pbnS;8nd WHEREAS,this~uest:isfaa resc#vationdthe4.628CN3SOfthe~S8ge5% wHEREAs,whanthsaGhralbnpadsorek#rm,Cyrcwna7iniUberequestadtaadopt uevens~~~8nd~thed~ofih88du8locreagsfr#nthe5% B lOcationandmgke8Va~~wrusadportion. NOW. THEREFORE, BE fl RESOLVE0 by the City Counal of the City of Cadsbad, aiilomi8,8s folIous: 1. Thatth88bolre~Mls8r8bUeandcorreet .l 1' 11 1: u II 16 17 18 19 26 21 P 23 24 25 26 27 211 2. Thgt ths Cily Councii approves the fetsewam of 4.62 acres from the 5% -4. 8lioc8llonforthefdlowingcapitalIr?prwen#ntprojscts: ‘PASSED. APPROVED AND ADOPIED 8t8f8@kKRI88th9OfthBc8dbJdciicOl~ncil leldm~17thdayof 1papembe ,lQ98bythOfdiDWi~voQe.~O AyEs: Council Members Lrvla, ?inni&, Bygurd, Kahhln and ELLl NOES: B- RESOLUTION NO. -. 1 r 2 3 4 WHEREAS,theU~~~FIshandWiWlifs~hasfistedtheCalifwnia ’ ~~katcharasatkeaknedspaciesand.~sutWt~~pmtedions;iffordedWhe 6 EndangaredspadesA4and 7 . WHEREAS, the Scaetary of the lntedor has adopted a Special Rule as provided under ’ ~cfiqn4(d)oftheEndangeredSpeciesActTorthmatenedspac-;and 9 WHEREAS, the Special Rule prddes guidelii for intefim take of the CaIifomia 10 ~~pcndmgawnplertiorrardapprcnalof~~planspYrswntbtheNahrtd ‘1 co- CansenmtioMlanning(NCCP)~of~~ofCalitomia:and RES-m 190. 98-386 .A RESOlJJTlON OF THE CflY COUNCJL OF THE CcrY OF CARLSBAD, CALIFORNIA, APPROVING AN lNlERUU COASTAL SAGE SCRUB TAKE PERMIT FOR FARADAY AVENUE, PROJECT NO. 3593, AND SUBTRACIING 5.5 ACRES FROM E my=wu== ‘* I WHEFtEAS.amongtk?pmvisions cJfthespdalRulelsanaxpedlw~for 13 I apprwaldhWmimprcgwhich-maybaraadurdDlIh6~.~CwntyRgian~ e-- n &&tn6%ofthacoaatalsagesuub~asofMsrdr25,1993;and 1s wHERE4s,thacltyofcafis~spMbiardm5% ianmvaatakehasbaencdarlaladb ,s be 165.7 acms, and all hpac!s to maskI sage saub during the interim period must be ,, ~ubtmted hfn thii amount and 1s WHEREAS. the Clly of Catsbad has adopted a pfiorkation system and guidelines for ,B datgwmining whii projeck should be alkwed to deduct from the ws 5% allocation; and 29 WHEREAS,~chmentlbthis~ubionisalistinllda#pojcctswhi~havebstrr 8~pursuantbtheSphcialRulsbimpactcoastdsaPgesaubhabitatinkrtsbadsince n hrch2!5,1993,andastaWnentoftheremhing Mmberd-avdbMetOIheCl~fran~ P 5%allocatlon;and P WHEREAS.happmvinginterimimpackto~sage~habitatunder~ 24 ~~ProCbMlpcOvidadbytheSpsdalRU)G.R/SnecassaryfortheCCtyCou~toadopt zs mm spedfic fdhghhieh iwe outlined in the NCCP Cons- Guidelines and mw r- jy( below in the Findings section of this resolution; and n III 28 1 WHEREAS, ths City Coundl has Wewed all pWb8M krfbrmation relating to the Faraday z A-~dsndh9~~lhstIt16appmp$tcbiaucnin~takapermitfati~ 3 PW 4 NOW, THEREFORE, BE CT HEREBY mm by the city Coundl of the sty of 6 cariskd,~es- 1. lhatth8above~6wetlwand~ . 6 2 Thatthecltycamdl~.thelasuanmdthsaninteIlmtakepermitforthe 7 FmadayAvenuepmj8ct Ihe~Cowidtbtherdiceg~~.~aonw~bearbbectsdfrom 6 theavaiiable~dcoaldal~scnJb~~stramnm AUMWWltlofthiSneSOtUti~, 6 whldlis~harelnby~. ,. 11 - 12 JMppmhg~iewrsncbdthi!Blnterimtake~theclty-makssthsdoHowirig ,3 itndingswRhreqecttotheF~Ave-e ThecityCoundt~lhat 1. mepropcwdhabitaZ~b~rrih~NCCP cotmenmtionGuid6liiras. -- 14 2. lhehaMtptkaswutrK4t~axceatthes%limitetion.eithw~y~ 15 I ,6 -w. 3. 17 connadlvllybamrenhighvaluehabilaltiu8aswalnotbepreckrded. 16 ID 20 21 P 23 24 26 4. ThehabitattosswilInotpredude~ofthswrkbgiorral~~ 5. Thehabmlosshasbaenminknirsdand~tolhe-axlent I 6. The-d-and~dllstedspedeswi0notbeeppreeiaMy IWJWd. 7. lhehabitatbBsislrddenwto~~-. II 0. ?hatstaffishwebydirededbbnsmittheCityCoundlkactkmase~ 26 II as pcsslble to the U. S. Fish and Wifdlife Service and California Department of Fish and Game to 27 if&C&e that the parmik have been issued subject to the rsqrriFed 30 day review period. In II I 26 v 1 acMtion, fotlowing the amdusion of the 30 day rrwiaw p8fM wifh no objections to the issuance of ,f-- 2 the~~ta~permitsfrwnthcU.S.F~andWddlifeSanricssndCsT~iaDepsrbnentofFish 3 ~Game,8Wfisfurlherdiibtake~~adionsb docwM~~acqmNalof 4 thspfow 6 PASSED, APPROVED AND ADOPTEO ~aregWrmetingdtheCarlsbadCityCouncil .g hetdonthe I7* dayof Aavrpber ~1998byftllBMlaurirrg~,tOwit: AYES: Couacll Member6 Lewi8, FlnnSl8, ltygard, XulchAa end 88ll 7 f- /- APPENDIX “D” HABITAT LOSS PERMIT 4(d) DATED APRIL 6,1999 US Fish dc Wildlife Service Carisbad Field OffIce 2730 Loker Avenue, West Carl&ad, CA 92008 (760) 43 l-9440 FAX (760) 43 l-9624 CA Dept. of Fish & Game 1416 Ninth Street PO Box 944209 Sacramento, CA 94244-2090 (916) 653-9767 FAX (916) 653-2588 RECEWD Ms. Sherri Howard Associate Engineer City of Carlsbad 2075 Las Palmas Drive Carlsbad, California 92009 APR 0 6 1999 .p.% 1 :- ‘1999 ENGINEERING f-F.4 RTM FW Subject: Habitat Loss Permit for the Faraday Avenue Extension; CDP 98-39; Carlsbad Project No. 3593 Dear Ms. Howard: The U.S. Fish and Wildlife Service (Service) and California Department of Fish and Game (Department), hereafter collectively referred to as the Wildlife Agencies, have completed their review of a proposed amendment to the existing Habitat Loss Permit (HLP) for the Faraday Avenue Extension project which was approved by the Wildlife Agencies in our letter dated January 20,1999. r Faraday Avenue is located in the northwest quadrant of the.City of Carl&ad (City), south and east of Agua Hedionda Lagoon, north of Macario Canyon and Palomar Airport Road, and west of El Camino Real. The project would extend existing Faraday Avenue approximately 5,400 linear feet fkom its westerIy terminus to connect with fixture Cannon Road. With the exception of a small portion of privately-owned land at the western end of the proposed project area, the 72-foot wide right-of-way for the road is under City ownership and identified as open space in the City’s Genera1 Plan (I 994). Faraday Avenue has been designed to be a “split” roadway which will result in a linear and vertical separation of the two 26-foot wide travel lanes in several locations. Construction is anticipated to commence in July 1999 and be completed by December 1999. A.design error was identified during the bidding process for project construction. Actual construction of this road will result in directs impact to an additional 0.6 acre of coastal sage scrub, bringing the total direct impact to 6.1 acres. The Negative Declaration prepared for this project addressed both impacts associated with 2: 1 and 1.5: 1 slopes and, therefore, there is no need for further environmental review. The additional 0..6 acres of impact will be mitigated at a ratio of 2: 1 and occur through the purchase of coastal sage scrub credits at ‘the Manchester Avenue Mitigation Bank. The habitat loss does not mceed the five percent guideline as the City reserved the remaining 4.77 acres of its five percent allocation on November 17,1998; the deduction of 0.6 acre leaves a balance of 4.17 acres in the City’s allocation. Based upon our review of the information discussed above, the Wildlife Agencies have determined that this requst $0 ame@ the HLP for the Faraday Avenue Extension project is consistent with the interim coastal sage ‘scrub loss criteria established in the NCCP Conservation Guidelines. We, therefore, concur \with its issuance, noting that all other terms and conditions of the original HLP stilt if--- are applicable. Ms. Sherri Howard 2 Please note that this habitat loss permit only allows for the direct loss of 6.1 acres of coastal sage scrub associated with the Faraday Avenue Extension and expires within one year of Wildlife Agency concurrence. The additional acreage of coastal sage scrub impact and preservation should be submitted to SANDAG for their use in the regional tracking system. Please provide us with copies of any notification regarding the expiration of this pemrit. If you have any questions regarding the contents of this letter, please contact Julie Vanderwier (Service) at (760) 43 I-9440 or David Lawhead (Department) at (6 19) 467-42 Il. Sincerely, &qip+ William E. Tippets U.S. Fish and Wildlife Service Habitat Conservation Supervisor California Department of Fish and Game cc: Christcr Westman, City of Carl&ad Don Rideout, City of Carl&ad David Lawhead, CDFG #l-6-98-CA-029 City of Carlsbad March 12,1999 Ms. Sheryl Barrett, Assistant Field Office Supervisor U.S. Fish and Wildlife Service 2730 Loker Avenue West Cartsbad, CA 92008 Mr. William Tippets California Department of Fish & Game 4949 Viewridge Drive San Diego, CA 92123 Re: Habitat Loss Permit for Faraday Avenue Extension, Project .3593 (City of Carlsbad) Dear Mr. Kobetich and Mr. Tippets: ,f- On November 17, 1998, a Habitat Loss Permit was approved by the Carl&ad City Council for the Faraday Avenue Extension project. On March 10, 1999, the City Manager authortzed an additional 0.6 acres from the City’s 5% allocation. The subject property is located in the northwest Quadrant of the City of Cartsbad, as shown on the attached location map. The permit allowed the project to take 5.5 acres of coastal sage scrub. During the bidding process , bidder identified a design error that requires an additional O-6 acres of take of coastal sage scrub per the attached project memorandum. Pursuant to the 4(d) rule for the California gnatcatcher, this Habiiat Loss Permit is being transmitted to your offices for the required 30 day comment period. The comment period will close on April 10, 1999. A copy of the staff report to the Cii Manager is attached. Supplemental materials were provided previously during the CEQA review process. Additional copies of the studies will be provided at your request. Attached for your reference is a tabulation of all coastal sage scrub losses authorized by the City of Carlsbad since March 1993. The Faraday Avenue Extension is located in an area commonly referred to as Macario Canyon and extends Faraday Avenue from its exiting westerly terminus to a future intersection with Cannon Road. The area is currenuy used for agriculture. Additional project impacts will be 0.6 acres of direct impact in addition to the authorized 5.5 acres of direct impacts and 0.75 acres of indirect impacts. The mitigating proposed for the addiitonal impacts is as follows: 1. Mitigation for the direct impacts will be a 2:l ratio ,totaiing 1.2 acres and will be through the purchase of credits from the Manchester Avenue Mitigation Bank. .x”- 2. To ensure there are no. impacts to sensitive bird species if construction begins between February 15 and August 30, the Cii will conduct pm-construction sumys for active nests in suitable habitat within 250 feet of the construction zone. If active nests are found, no construction will occur within 200 feet of an active nest until the end of the breeding season (August 15). 2075 Las Palmas Dr. * Carlsbad, CA 92009-1576 l (760) 436-l 161 - FAX (760) 431-5769 March 12,1999 Page: 2 Ms. Sheryl Barrett and Mr. William Tippets Habitat Loss Permit for Faraday Avenue Extension, Project 3593 (City of Carlsbad) -. 3. The additional take was reviewed as a part of the Environmental review that analyzed the slopes at 2:1 and 6 acres of total coastal sage scrub take. The slopes ’ were redesigned as part of this process to 1 l/2:1 to limit the impacts. Further review of the remedial measures necessary to construct 1 l/2:1 slopes has revealed that the back cut for both is dose to the same. The additional 0.6 acres added. tot he 5.5 acres approved under the original 4(d) permit for Faraday Avenue totaling 6.1 acres is consistent with the environmental review under the CEQA process and the Mitigated Negative Declaration approved for the project. 4. All terms and conditions of the original 4(d) for Faraday Avenue apply to this permit. If you have any questions regarding this project, please feel free to contact me at 760- 438-l 161 extension 4427. Thank you for your cooperation in this matter. Sincerely; 3lvuiiw42 SHERRl HOWARD Associate Engineer Attachments C. Public Works Director Traffic Engineer Principal Civil Engineer, Richard Allen Principal Planner, Don Rideout Associate Planner, Christer Westman O’Day Consultants, John Strohminger r- March 11,1999 TO: CITY MANAGER FROM: ASSOCIATE ENGINEE VIA: PUBLIC WORKS DIRECT0 3593 - FARADAY AVENUE EXTENSION GNATCATCHER HABlTAT IMPACTS TO COASTAL SAGE SCRUB 5% ALLOCATlON SECTION 4(D) PROCESS An additional take of 0.6 acres of coastal sage scrub is required to construct Faraday Avenue. A memo from the engineer is attached describll the addii take. The City Council resewed the remaining 4.77 acres of coastal sage scrub from the 5% allocation in an previous action. Final design has been completed and the coastal sage scrub Iyake” has been determined to be 0.6 acres. Removal of the 0.6 acras from the 5% Allocation resewed for various Capital Improvement Projects leaves 4.17 acres. The attached table has been updated to reflect this allocation. The MltigatMNegative Declaration for the project requires 2:1 mitigation through the purchase of land from an established mitigation bank. Staff is proposing to purchase tha 1.2 acres from the Manchester Avenue Mitigation Bank. _-- It is recommended that the Clty Manager approve the permanent deductii of 0.6 a- from the Cltyb 5% allocation for the Faraday Avenue Extension project, Attachment: 1. ltemlzation of Impacts to Coastal Saga Scrub 5% Allocation c. Community Development Director Principal Planner - Don Rideout Traffic Engineer Principal Civil Engineer - Richard Allen ‘Associate planner - Chris& Westman ,,- ltemitation of Impacts to Coastal Sage Scrub 5% Allocation 3/l 1 IS9 7:54 Description of ProjaCt Acres Stsrtii Balance 165.70 Ci and other Public Agency Projects: San Diiuito Union Hii School District for South Carkbad Hih School site. Section 7 psnnit issued, 1993 Caliraw for Poinsettia bne/GS Fmeway mmps and auxiliw lanes. section NOW it&o that grading pot& has not been issued ----I. 03-09-1999 04:mPrl FRDN O*Day ContuItants To 4315769 P.01 c .- . 04&+- ..-- c 0 N s u 6.f MN T 5 TRANSMJTTAL LEITER TO: City of Carksbad DATE: WQIQQ JOB NO: 97.105041 2075 Las P&mas PROJECT: FadayA\mwo Gradirg caflsbad, CA92009 , NE: Project Metno ATM shem’ Howard DWG: 3SQ-2 CONtRACTNO: TIWNSNITIED VIA: FAX NO,: (760) 43&l t61 (760) 431-!576Q Dear sherri, kpUMdkKmrtherbws-~ clpeMQdateofMarchl8,lQQQ. DurinQthe identif#d~fXO~Withthcl’kld~ sWlization fills required by the soils engi beyondthelimitofwoftclimandintottmDlegan lheencmachmentis~tothatofusing2: tbsefasingthebwditduskgl~%l sbpestominimize im~toDCSS. ltisako thtstabiliEabiontitlsfwthe1~ldopeg ~thtL!pkcemWrtOfgoagrld- slgniticantcost~withoutthebenefitof reduccdimpacts. 2:1 slopesm-slopes have~identifiedlhattheheight a 15’ badcah ot resukirginanadditiona~femoWof0.2 acresofDCSSforat0 ofO.6ames. This feqlile tmaing an additional 1.2 aaes dDCSSonsitewiththe mitigation- lti8auropinionthafh6costforfheadditionaltoks ndresultiimitigptiwlwNkfaflessthon ttie~stfarthesteepafsiopeswithstabiliiion. It akotnlethlthealnountofbtal e9awationin~a~eswillbelessbecausetna uctioninbatiqmmm -~onfortheflatterdapes. Endosedisanexh~~showsthe!~inq i * andtheadditionalocsstaking. 59mP&&wt3un awtlhd,~aia96008 Fax.- 760-9314689 fdL*y~anu.calnl Q 2 0 u STABlITy BAM-CUT S7b!W I I . . I I I I I I I I I , I I I I I I I I I I I L I I I , I I 1 I I I I I I I I Ii CONSULTbfNTS 9999-count 9uito 199 cw’sbod. alibmio 92999 799-931 -m Fox 799-931-99M APPENDIX “E” STATE WATER RESOURCES CONTROL BOARD NOTICE .c- .’ OF INTENT WDID #9375310687 /-ton EL Hickox mtaryjor ~nvironmenlal Proteclion State Water Resources Control Board Division of Water Quality 901 PSbeet-sacramcn to, Calikwnia 95814 l (916) 657-0757 Mailing Address: P.0. Box 1977 * Sacramento. California l 95812-1977 FAX (916) 657-101 I l lntemct Address: htt@vww.swrcb.ca8ov Grey Davis Governor .- ---- - March 16,1999 SHERRI HOWARD CITY OF CARLSBAD 2075 LAS PALMAS CARLSBAD, CA 92009 RECEIPT OF YOUR NOTICE OF INTENT E,\If,i\-~,;-&.> m,=;, ‘7. I -. :41\ (,I ,c_i;- The State Water Resources Control Board (State Water Board) has received and processed your NOTICE OF INTENT TO COMPLY WITH THE TERMS OF THE GENERAL PERMIT TO DISCHARGE STORM WATER ASSOCIATED WITE CONSTRUCTION ACTIVITY. Accordiagly, you are required to comply with the permit requirements. Your WDID identllkation number is:9 37S310687. Please use this number in any fature communications regarding this permit. SITE DESCRIPTION 0WNER:CITYOFCARLSBAD DEVELOPERz CITY OF CARLSBAD COUNTY: SAN DIEGO SlTE ADDREss:FARAJlAY AVE COMMENCEMENT DATE: 4/l S/99 EST. COMPLETION DATE: 4/l S/O0 When construction is complete or ownership has been transferred, dischargers are required to notify tbe Regional Water Board by submitting a Notice of Termination (NOT). All State and local requirements must be met in accordance with Special Provision No. 7 of the General Permit. I have enclosed a NOT for your future use. If you do not notiq tbe State Water Board that construction activlty bas been completed you will continue to be invoiced for the annual fee each January. I1 you have any questions regarding permit requirements, please contact your Regional Water Board at (619) 467-2972. Sincerely, . . a* . rC /’ Audrey Shiiipl Sttmn Water Unit Division of Water Quality Cal~otnia Envitonrnental Pmtection Agency m Eb O”e..,.,“J D”““- ml! iss Winston H. Hickox secmtoQf/or EnviroMwnrcrl Prorc*ion State Water Resources Control Board John P. Caffkey, Chairman Division of Water Quality acmmcato, California 95814 l (916) 657-0757 FAX (916) 657-101 I 901 PStruf*S Mailing Addrru: P.O. Box 1977 l Sacmmmto, CaKfbmia l 95812-1977 Internet Address: htt@www.swrcb.agov Gray Des Go- To: Storm Water Permit Holder RE: NOTICE OF TERMINATION OF COVERAGE UNDER THE GENERAL CONSTRUCTION STORM WATER PERMIT (GENE&U PERMIT); In order for us to terminate your coverage under the General Permit, please complete and submit the enclosed Notice of Termina tion (NOT) to the Regional Board which has the jurisdiction over your site. Refer to the last page of au NOT packet for Regional Board locations. Please note that you are subject to the anuual fee until you file a NOT with the Regional Board and the Regional Board approves your NOT. Should you have any questions regarding this matter, feel fke to contact e&r the Regional Water Board at the number listed on the back page of the NOT package, or the Storm Water Unit at (916) 657-0757. Storm Water Unit Division of Water Quality Enclosure -.. Cal~ornia Environmental Rotectoi Agency . NOTICE OF TERMINATION F-- OF COVERAGE UNDER THE NiDES GENERAL PERMIT NO. CASOOOOOZ FOR DISCHARGES OF STORM WATER ASSOCIATED WITH CONSTRUCTION ACTIVITY Submission of this Notice of Termination constitutes notice that the owner (and hiier agent) of the site identified on this form is no bnger authorized to discharge storm water associated with construction activii by NPDES General Permit No. CASOOOO02. II. PWNER COMPANY NAME p7-Y III. CONSTRUCTION SITE INFORMATION A. DEV?%OPER NAME COWACT PERSON ’ . #T-- p. SITE ADDRESS COUNW CllY CA ZIP PllmlE IV. BASIS OF TERMINATION 1. The construction project is complete and the following conditions have been met. - All elements of the Storm Water Pollution Prevention Ptan have been completed. - Construction materials and waste have bean disposed of properly. - The site is in compliance with all bcai stomp wstar management raquiramants. - A poat-wnatructbn storm water operation and managemant plan ia in place. Date of projact completion I I -mm 2. Construction activities have been suspended. either temporarily or indefinitely and the following condiis have bean met - All ekmants of the Storm Water Pollutbn Prevention Plan have been completed. - Constnztim materials and waste have been disposed of pmpetly. - An denuded amas and other areas of potential emsion am stab&ed. - An operation and maintenance plan for erosion and sediment control is in place. - The site is in tipliince with all bcal storm wstar managemant requirements. r Date of suspension I / --- Expacws~rtupdate I / --- C-NOT-I state of calihmia state water Ruources control BoNd INSTRUCTIONS FOR COMPLETING NOTICE OF TERMINATION FOR CONSTRUCTION ACTIVITY Who Mav File Dischargers who are presently covered under NPDES General Permit No. CASOOOOOZ for discharge of storm water associated wlth construction activii may submit a Notice of Termination when they meet one of the following criteria. 1. The construction project has been completed and the fotlowing conditions have been rnet~ all elements of the Stomnrvater Pdlution Prevention Plan have been completed; construction materials and equipment maintenance waste have been disposed of properly; the site is in compliance with all local storm water management requirements including erosionkediment control requirements and the appropriate use permits nave been obtaiied; and a postconstruction storm water operation and management plan is in place. 2. Construction activhks have been suspended, either temporarity or indefinitely and the foltowing condiins have been: ail elements of the Stonnwater Pollution Prevention Pian have been completed; cons&u&n materials and aquipment maintenance waste have been disposed of property; all denuded areas and other areas of potential erosion are stabilhed; an operation and ~intenancaplan~erosion~rcdimantcontrd~inplaEc;and~critsirrbrcomplianccwithall local storm water management requirements inciudiig emsionlsediment control requirements. The date wnsh&ion activiis were suspended, and the expec@d date construction activities will start up again should be provided. 3. CoIxtrucWn site can not dirge storm water to water of,the United States. Piease’indicate if all storm watar is retained on site or if storm water is co&ted offsite. 4. Discharge of constmction storm water from the site is-now subject to another NPDES general permit or an indiiuat NPDES pennit The genenl permit or individual permit NPDES number and date coverage began should be provided. 5. There is a new owner of the identified site. If ownership or operation of the facility has been transferred then the previous owner must submit a Notice of Termination and the new owner must submit a Notice of intent for coverage under the general permit. The date of transfer and information on the new owner should be provided. Note that the previous owner may be tiibte for dirge from the site until the new owner files a Notice of intent for coverage under the general permit. %e Notke of Termination should be submitted to the Executive Officer of the Regional Water Roan! msponsibie for the area in which the facility is tocated. See Mtached. If the Executive Officer, or his designated staff, agrees with the basis of termination, .the Notice of Termination will be transmitted to the State Water Board for processing. If the Executive Officer, or his designated staff, does not agree with the basis of terminat&n, the Notice of Termination will be retumed. The Regional Water Board may aiso inspect your site prior to accepting the basis of termination. C-NOT-l F-- I Storm Water Contacts for the State and Regional Boaids ~qEWATER REmuftcEsw?JYRoLeoAuo 2)SANFRAUCWCORAYREGtON gfig!;smw SFJCENMLVALLEYREGION urLolmilm~~- Fmsloerm&m 1515cbysmlsub14llo klamlJ.J.~-- silhlmm. CA 858124977 OJtindcA 94612 ii!i!zfc- E-2 x6) 6574011 mo&2~~03=- ---..-..-..a 2-f .F :- 00 r---r-(y j i CITY OF CARLSBAD - WC 151 PROFESSIONAL SERVICES AGREEMENT UNDER $10,000 MAINTENANCE OF COASTAL SAGE SLOPES FARADAY AVENUE EXTENSION PROJECT NO. 3593 This letter will serve as an agreement between Native Landscape, Inc., a California corporation, and the City of Carlsbad for professional services pursuant to Carlsbad Municipal Code Section 3.28.140 or 150. Your letter, dated August 3, 2000 (attached as Exhibit “A”), outlines the scope of work to be completed within ninety (90) calendar days at a cost not to exceed $5,000; payment to be per the attached fee schedule. The Contractor shall perform the services provided for herein as an independent contractor and in pursuit of his/hers independent calling, and not as an employee of the City. Contractor shall be under the control of the City only as to the results to be accomplished. The Contractor shall comply with all applicable state and federal laws and regulations prohibiting discrimination and harassment. The Contractor shall obtain and maintain policies of comprehensive general liability insurance, automobile liability insurance, a combined policy of workers’ compensation, employers liability insurance and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current rating in the Best’s Key Rating guide of at least A-:V in an insurable amount of not less than five hundred thousand dollars ($500,000) each, unless otherwise authorized and approved by the City Attorney or the City Manager. This insurance shall be in force during the life of this agreement and shall not be canceled without thirty (30) days prior written notice to the City by certified mail. The City shall be named as an additional insured on all these policies, except workers’ compensation and professional liability. The Contractor shall furnish certificates of insurance, with endorsements to the City before commencement of work. The Contractor shall file a conflict of interest statement with the City Clerk in accordance with the requirements of the City’s conflict of interest code incorporating Fair Political Practices Commission Regulation 18700 as it defines “consultant.” The disclosure category shall be all categories. This agreement may be modified by mutual consent of the City and the Contractor. Any change shall be in writing with a statement of estimated changes in charges or time schedule. The Contractor may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections Carlsbad Municipal Code Sections 3.32.025, et seq. (Initial) The Contractor acknowledges that debarment by another juri diction is grounds for the City of Carlsbad to disqualify the Contractor from participating in the selection process. QP (Initial) (Initial) 4/24/00 The 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. A City of Carlsbad business license shall be obtained and maintained for the duration of the contract. The City Manager or the Contractor may terminate the agreement at any time after a discussion, and written notice to the other party. The City will pay Contractor’s costs for service delivered up to the time of termination, if the services have been delivered in accordance with the agreement. Acknowledged and Accepted: CONTRACTOR: Ardis Peer-v, Secreti -r, 2 (print name and title) 6&56a z Architect/License Number Architect/License Number Date (Proper notarial acknowledgment of execution by Contractor must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: ENAi);;; YY;jTi - 4/24/00 P-1 flu-g 03 00 10:14a Debbie Fromme ‘./ (I 7607358725 -. Native Landscape 9746 Tamarack Lane Escondido, Ca 92029 Ph.(760) 735-8700 Fx. (760) 735-8725 Date: 08/03/00 To: City of Carl&ad (,Q> ‘.’ 3;; ., :;. Attn: Sherri Howard Regarding: Maintenance of Coastal Sage & Slopes at Faraday Ave. Extension Message: This proposal is on a time and material basis not to exceed $5,000 and shall include but not be limited to the following. Repair to existing irrigation facilities as needed for application of water to Faraday sites including slopes. The scope of work also includes any required maintenance such as herbicide treatment, removal of debris hydroseeding and planting per Engineer’s request. We appreciate the opportunity to provide you with this proposal and look forward to working with you on another successful project. Thank you and please call if you have any questions. our rates me as follows: Irrigation Technician $85 Per Hour Laborers $28 Per Hour Foreman $37 Per Hour Truck $57 Per Day Debris Removal $125 Per Load Respectfully Submitted, Native Landscape, Inc. Debbie Fromme ALIFORNIA ALL-PURPOai ACKNOWLEDGMENT State of CAL.lWJ 179 County of 4, -0 before me, flrw K %&me-. I(&?%%, @J&/C Date Name and Title of Officer (e.g., ‘Jane Doe, N&y Public”) personally appeared I+ I . Name(s) of Signer(s) ersonally known to me 0 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. WIT,,, y hand --A -Y:-:-I ---IA mu u*ra~ sey 1 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 document. Description of Attached Document Title or Type of ?@-=%a- Document: 5Em.wg &z43ziM&Jf Document Date: I ’ Number of Pages: Signer(s) Other Than Named Above: ti)/3t Capacity(ies) Claimed ,by Signer(s) Signer’s Name: #ms k@Y Cl Individual @ Corporate Officer Title(s): -68-I bN 0 Partner - q Limited q General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Signer’s Name: 0 Individual Cl Corporate Officer Title(s): q Partner - q Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Top of thumb here @ 1996 National NOMY Association - 6236 Remmet Ave., P.O. Box 7164 - Canoga Park, CA 91309-7164 Prod. NO. 5907 Reorder: Call Toll-Free 1-600-676-6827 1 [r; y , ARDIS OWNER li; TAMARACK LN :i)NDIUO, CA 92?#29 7G#-735-8700 NATIVE LANDSCAPE 9746 TAMARACK AV ESCClNDX DO, CA 92029 . . t’i T:sWAHACK LN Ll CENSE MUST BE POSTED ON ClNlj IliU, CA 92#29 7GO-“‘735-870 0 BUSINESS PREMISES. QNauC~?~~.(FlN~~~~~~l~i~~~l~N~~ :‘ .:,’ 3; _’ ._ : .’ -CONTRACTOR p?~sE;As’,~~r?FsA;,SU~i~~~~~~~~~~~~~ “I,,: ;-, :‘;: ‘z” ; : ,’ _ . : : IVE LANDSCAPE OPERATION. ATED A”T,,(t3ti%lNES$‘.L’~A~l~N~~ %:,TyJ~ s :’ ;: ;“L > ‘2 ‘I ‘I * : ‘: ‘- ..’ i IenjIr 6 TAMARACK LN C A cbs c.~CJ~~ zt Lic~~.~ i-5 &J&-e- G%--c-c _ _ .- . _ --~. .- . - . . . .-_ ” ‘ROQ”CER (559)297-9484 FAX (559)297-4558 andscape Contractors ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Services, Inc. -835 N. Fine Avenue :resno, CA 93727 Utn: NSuREo Native Landscape Inc. Ardis Peery 9746 Tamarack Lane Escondido, CA 92029 Ed: HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY Everest Nati'onai Insurance Co. A COMPANY Fremont Compens%tion Iiistirance B COMPANY C COMPANY D ;O,,ERjiGe$ “:hs’~~~~~::3:;~~“~L‘~~~ ;&~~~>‘~:;~$>~~ &?&& I ,, .‘-ii:$ i\“@ ;,i;: ;+;i:-;, ;,+dij,$&; ~~~~,,~.r;~;.:~~~~~~~,~~~?-~,‘~~~~~ ‘i~r) ‘;; ;‘“‘-“;,c’&-i, ‘, j#;~~:T$: :,,_, 2;‘” ,, *. ,v.* &$...,*39<*%!iw> ** ” ~,*&!vu w*:. 1 I ., J:f. Y :i ta. .‘~*er. s*i&A !Sbr.~~% ,A~f..,,i %,. . ,, 9, *I ,a’., :: .,>, ^ i .: : J *‘a ,, 1 * .* 5 . L ,. PII,, i _ a.*, : . ,*2 .**, ,~>lj _ ? i.,.\ . . 2 ;.; ^; i THIS IS TO CERTIFY THAT THE POLJCIES 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 ISSLJED 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. :0 .TR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MMIDDNY) DATE (MM/Dow) LIMITS GENERAL LIABILITY GENERAL AGGREGATE s 2,000,00( x COMMERCIAL GENERAL LIABILITY PRODUCTS - COMPIOP AGG S , ,.<pq- - -'_1 .-. . . 2,0~0,00( ,. I :: A. CLAIMSMADE x OCCUR x OWNER’S (L CONTRACTOR’S PROT 1700000012-001 07/18/2000 07/18/2001 PERS~NAL~ADV'NJuRY : 1,000,00( EACHOCCURRENCE 1,000,00( .X :XCU-Coverage FIRE DAMAGE (Any one fire) S _. . .._ . 100,00( MED EXP (Any one person) 0 5,00( AUTOMOBILE LIABILITY x ANY AUTO COMBINED SINGLE LIMIT S 1,00cl,00( ALL OWNED AUTOS BODILY INJURY s A SCHEDULEDAUTOS (Per penon) 1700000013-001 07/18/2000 07/18/2001 HIRED AUTOS BODILY INJURY (Per accident) s NON-OWNED AUTOS ,, . PR0PERl-f DAMAGE a GARAGE WBIUTY AUTO ONLY - EA ACCIDENT 0 ANY AUTO OTHER THAN AUTO ONLY: :;: -:._ : .* ‘:” ..“. . ..‘.: ,,.I, .,., .! ~‘, EACH ACCIDENT 5 . ._ AGGREGATE S EXCESS LIABILITY EACH OCCURRENCE S UMBRELLA FORM AGGREGATE t OTHER THAN UMBRELLA FORM t WORKERS COMPENSATION AND WC STATU x TORY LIMITi EMPLOYERS’ LIABILITY I3 THE PROPRIETOW lNCL CXOO-716097-04 04/01/2000 04/01/2001 ELpCHACC'DENT ' PARTNERSiEXECUlIVE EL DISEASE-POLICY LIMIT 5 1,000,00( OFFICERS ARE: .x EXCL EL DISEASE - EA EMPLOYEE S 1,000,00( OTHER )ESCRIPTlON OF OPERATlONSlLOCATlONS/VEHlCLESkSPEClAL lTEMS e: Landscapers for Faraday Avenue Extension Coastal Sage Scrub Mitigation Site Planting ontract #3593-3 ( See attached CC2010 ) _ a‘,.. ./ .+l rapz-'; ,+,,, ,+c-,i$@ . . ;ER~F~@&jTE ~~O~~~~~~~~~~~~,~~~~~~~~~~~~~~'~~,~ F$', fd;;;b; :‘i:::i,'+c ,: Ire<; '; ., :;+c&$&~~ibN ~.;l:,s-;& ;;?;.,:s:b I,',; ;a~&; C&&-, -".a, ;,,;,y:-. ':: :~+f#$ f;~-@ **s (I *Ja*yy9ga t,.,‘*s $'f" ye L 'i $+J 1‘4 ~ ~:-‘qp,&~ ,, I -I*':.., hli '.vd,i,u s*.* .Jdt.4*.u1;+, >I r.l.:~c&w,s.:.~ 1, P IF 21 4a. .k.~~x..l,,y...L .i‘& j &, .I;&%'ih 31W(/ ,',..;&;??\?rS ,<..-,. I+. .‘..C ..,.,. . ...+& .."rri ,+v-i‘: ^ . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL&$&x+&$& MAIL City of Carlsbad Purchasing Department 2075 Las Palmas Drive Carlsbad, CA 92009-1576 30 DAYS WRITTEN NOTICE TO THE CERTlFlCATE HOLDER NAMED TO THE LEFT, itJxwcH-KM-~~l6M~m-~xx ~~MK-~~~N~xxxxxxxx AUTHORlZED REPRESENTATIVE Irene Torres/LISA aqtg 2j~.iigjj~;i,&.,,. xj;~;;,,;,tl<::. ‘i,, :.::. ,;*. ‘:b,, ,., _ , ; _ ,,. :‘ I, ,~‘ >;; : ;: ..‘? ..:-,., .- .,", .;... (. I ,,,, "/.., ,, . : .( . _,. / ,‘ :y'*:" .,,;l‘i : _ ,s r::, r:. ,I '_ " * OJi&Ki,‘COkPO~i[QN 198 , _: ..< POLICY NUMBER: 1700000012-001 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. Eff. Date: 07/21/00 Native Landscape, Inc. SCHEDULE Name of Person or Organization: City of Carlsbad Purchasing Dept 2075 Las Palmas Drive Calsbad, CA 92009-I 576 Re: Contract #3593-3 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of “your work” for that insured by or for you. lilllllMimlllllAllll~ll~l~lill~IIIIIIY#II#IIIII[I * 2001-0209797 DOC # 2001-0209797 RECORDED REQUESTED BY 8278 QPR 069 2001 I:30 PM CITY OF CARLSBAD OFFICIAL REm Hi DIE60 CtMTY RECORDER’S OFFICE AND WHEN RECORDED PLEASE MAIL TO: GREGORY $!fITH, COli$RECOftDER : . City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 Space above this line for Recorder’s use. PARCEL NO: NOTICE OF COMPLETION Notice is hereby given that: 1. 2. 3. 4. 5. 6. 7. 8. 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 March 9,200l. The name of the contractor, if any, for such work or improvement is Native Landscw, Inc., a California corporation. 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: Faraday Avenue Extension Coastal Sage Scrub Mitigation Site, Project No. 3595. The street address of said property is within the limits of the City of Carlsbad. Publfc Wo&& Director VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carl&ad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on March 27 2001, 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 March .28 ,2001, at Carlsba