Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Natures Image Inc; 2006-12-11; PWS06-34ENG
RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC# 2008-0035096 JAN 24, gpOS 3:46 PM OFFICIAL RE CORDS SAN DIE GO COUNTY RECORDER'S OFFICE G R E G 0 RY J S MIT H. CO LI N TY R E CO R D E R FEES: 0.00 PAGES: Space above this line for Recorder's use. PARCEL NO: N/A NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on November 30, 2007. 6. The name of the contractor for such work or improvement is Natures Image, Inc. 7. 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: Project No. 3907, On-site Wetland Mitigation Restoration for Rancho Santa Fe Road North. 8. The street address of said property is in the City of Carlsbad. CITY OF CARLSBAD Robert T. Johnjson, Jr. City Engineer VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Council of said City on tOrusiuuuiuujL. <33l 200 t , accepted the above described work as completed and ordered^hat a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on d^W/auxAu* A3 _, 206 % , at Carlsbad, California. CARLSBAD AB 19,292 Reso 2008-016 Word\Masters\Forms\Notice of Completion (City)3/9/98 CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS AND SUPPLEMENTAL PROVISIONS FOR ON-SITE WETLAND MITIGATION RESTORATION FOR RANCHO SANTA FE ROAD NORTH CONTRACT NO. 3907 BID NO. PWS06-34ENG Revised 10/08/03 Contract No. 3907 Page 1 of 114 TABLE OF CONTENTS Item Page Notice Inviting Bids .. 6 Contractor's Proposal .....' 11 Bid Security Form '. 19 Bidder's Bond To Accompany Proposal. 20 . Guide For Completing The "Designation Of Subcontractors" Form : 22 Designation Of Subcontractor and Amount Of Subcontractor's Bid Items .....: 24 Bidder's Statement Of Financial Responsibility. '. 25 Bidder's Statement Of Technical Ability And Experience. 26 Bidder's Certificate Of Insurance For General Liability, Employers' Liability, Automotive Liability And Workers' Compensation 27 Bidder's Statement Of Re Debarment \ 28 Bidder's Disclosure Of Discipline Record 29 Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid '. 31 Contract Public Works 32 Labor And Materials Bond : 38 Faithful Performance/Warranty Bond.......: .:..... , 40 Optional Escrow Agreement For Surety Deposits In Lieu Of Retention 42 Revised 10/08/03 Contract No. 3907 Page 2 of 114 Pages SUPPLEMENTAL PROVISIONS Parti General Provisions Section 1 Terms, Definitions Abbreviations And Symbols 1-1 Terms : 45 1-2 Definitions -. 46 1-3 Abbreviations 46 Section 2 Scope And Control Of The Work 2-3 Subcontracts 47 2-4 Contract Bonds 47 2-5 Plans And Specifications , 48 2-7 Subsurface Data 53 2-9 Surveying 53 2-10 Authority Of Board And Engineer 56 Sections Changes In Work 3-2 Changes Initiated by the Agency 56 3-3 Extra Work.: 57 3-4 Changed Conditions 57 3-5 Disputed Work 58 Section 4 Control Of Materials 4-1 Materials And Workmanship 60 4-2 Materials Transportation, Handling and Storage. 62 Section 5 Utilities 5-1 Location 62 5-4 Relocation 62 5-6 Cooperation 62 Section 6 . Prosecution, Progress And Acceptance Of The Work 6-1 Construction Schedule And Commencement Of Work 63 6-2 Prosecution Of Work , 63 6-6 Delays And Extensions Of Time 63 6-7 Time of Completion... 64 6-8 Completion And Acceptance 64 6-9 Liquidated Damages : 64 Section 7 Responsibilities Of The Contractor 7-1 Contractor's Equipment and Facilities ; 65 7-3 Liability Insurance 66 7-4 Workers' Compensation Insurance 66 7-5 Permits 66 7-6 The Contractor's Representative 67 7-7 Cooperation and Collateral Work 67 7-8 Project Site Maintenance 67 7-9 Protection and Restoration of Existing Improvements 68 7-10 . Public Convenience And Safety 68 7-13 . Laws To Be Observed 72 Revised 10/08/03 Contract No. 3907 Page 3 of 114 Pages Section 9 Measurement and Payment 9-1 Measurement Of Quantities For Unit Price Work '.- 72 9-3 Payment : : 72 Part 2 Construction Materials Section 200 Rock Materials 200-1 Rock products .75 200-2 Untreated Base Materials '.. 76 Section 201 Concrete, Mortar And Related Materials 201-1. Portland Cement Concrete 77 Section 204 Lumber And Treatment With Preservatives 204-1 Lumber And Plywood : 77 Section 206 Miscellaneous Metal Items 206-7 Traffic Signs . . 78 206-8 Light Gage Steel Tubing And Connectors 80 Section 207 Pipe 207-2 Reinforced Concrete Pipe 81 207-9 Iron Pipe and Fittings 82 207-10 Steel Pipe ...,. : : 82 207-25 Underground Utility Marking Tape :.... 83 Section.212 Landscape And Irrigation Materials 212-1 Landscape Materials 84 212-2 Irrigation System Materials... 87 212-3 Electrical Materials... 90 212-4 Erosion Control Materials 90 Section 213 Engineering Fabrics 213-2 Geotextiles 92 213-3 Erosion Control Specialties.. : 92 Section 215 Fencing 215-1 Environmental Fencing 92 PART 3 Construction Methods Section 300 Earthwork 300-1 Clearing And Grubbing 93 300-2 Unclassified Excavation 93 300-3 Structure Excavation And Backfill..: 95 300-4. Unclassified Fill.... .: 95 300-5 Borrow Excavation 96 300-9 Geotextiles For Erosion Control And Water Pollution Control 97 300-11 . Stonework For Erosion Control 98 Revised 10/08/03 Contract No. 3907 Page 4 of 114 Pages 300-12 Rock Slope Protection fabric 98 300-13 Storm Water Pollution Prevention Plan 98 Section 302 Roadway Surfacing 302-11 Asphalt Pavement Repairs And Remediation 101 Section 306 Underground Conduit Construction 306-1 Open Trench Operations 102 Section 308 Landscape And Irrigation Installation 308-2 Earthwork And Topsoil Placement : 106 308-4 Planting 107 308-5 Irrigation System Installation 109 308-6 Maintenance And Plant Establishment 111 308-7 Guarantee 111 308-8 Measurement And Payment : 114 A•^ Revised 10/08/03 Contract No. 3907 . Page 5 of 114 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS UNTIL 2:00 PM ON AUGUST 17. 2006. the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: Project 3907, On-Site Wetland Mitigation Restoration for Rancho Santa Fe Road North involves grading, landscape and irrigation work for wetland mitigation restoration work in San Marcos Creek in the area of the new bridge construction for the Rancho Santa Fe Road North project. CONTRACT NO. 3907 ON-SITE WETLAND MITIGATION RESTORATION FOR RANCHO SANTA FE ROAD NORTH BID NO. PWS06-34ENG This bid and the terms of the Contract Documents and Supplemental Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. The work shall be performed in strict conformity with the plans and specifications as approved by the City Council of the City of Carlsbad on file with the Engineering_Department. The specifications for the work include the Standard Specifications for Public Works Construction, 2003 Edition hereinafter designated "SSPWC" as issued by the Southern California Chapter of the American Public Works Association and as amended by the supplemental provisions sections of this contract. Reference is hereby made to the plans and 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, appropriate and approved by the Engineer. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. ^ No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract, section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The documents which comprise the Bidder's proposal and that must be completed and properly executed including notarization where indicated are: Revised 10/08/03 Contract No. 3907 Page 6 of 114 Pages 1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit 4. Designation of Subcontractors and Amount of Subcontractor Bid 5. Designation of Owner Operator/Lessors & Amount of Owner Operator/Lessor Work 6. Bidder's Statement of Financial Responsibility 7. Bidder's Statement of Technical Ability and Experience 8. Acknowledgement of Addendum(a) 9. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 10. Bidder' s Statement Re Debarment 11. Bidder's Disclosure Of Discipline Record 12. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) Pursuant to California Public Contracts Code section 4104(a)(2)(A) portions of the information required on documents numbers 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 Bids" All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $176,000.00. The lowest bid shall be the lowest bid price on the base contract. The City of Carlsbad reserves the right to reduce the scope of work in this contract. Should the City chose to delete one or more items from the bid schedule, the associated item price will be deducted from the bid schedule and total project bid amount. The remaining amount shall then become the total bid amount for all remaining portions of work and shall be the total contract amount awarded for the project. The City of Carlsbad shall have sole discretion in selection of which items from the bid schedule, if any, will be deleted from the total project amount. Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: Class A or Class C27 in accordance with the provisions of state law. 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, supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $60.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response Revised 10/08/03 Contract No. 3907 Page 7 of 114 Pages will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. 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. A pre-bid meeting and tour of the project site will be held at 9:30 AM, Thursday, July 20, 2006 at 1645 S. Rancho Santa Fe Road, Suite 202, San Marcos, CA 92078. This meeting is to inform DBEs of subcontracting and material supply opportunities. Bidder's attendance at this meeting will be considered in determining the bidder's good faith effort to obtain DBE participation. This project has a goal of thirteen point eight (13.8) percent disadvantage business enterprise (DBE) participation. The City of Carlsbad hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation. Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for this project, available at City of Carlsbad address and available from the California Department of Industrial Relations' Internet web site at http://www.dir.ca.qov. Future effective general prevailing wage rates which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates. 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. Revised 10/08/03 Contract No. 3907 Page 8 of 114 Pages Bidders are advjsed 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 Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($10,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($10,000,000). These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the Supplemental Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:V 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. 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 by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. oRevised 10/08/03 Contract No. 3907 Page 9 of 114 Pages The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2006-159, adopted on the 20th day of June 2006. June 22. 2006 Date Publish Date: June 28, 2006 ^-tORRAINSJvl. WOOD, City Clerk A•Revised 10/08/03 Contract No. 3907 Page 10 of 114 Pages CITY OF CARLSBAD CONTRACT NO. 3907 ON-SITE WETLAND MITIGATION RESTORATION FOR RANCHO SANTA FE ROAD NORTH CONTRACTOR'S PROPOS^ WITNESSED ^ City Council • City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DATE The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the .Plans, Specifications, Supplemental Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to dp all the work to complete Contract No. 3907 in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefor the following unit prices for each item complete, to wit: . . . ON-SITE MITIGATION Item No. Description A-1 Mobilization and Preparatory Work at a lump sum not to exceed $20,000 Approximate Quantity " and Unit 1 LS Unit Price • 20,000.00 Total 2.0, 000. 00 Dollars'(Lump Sum) A-2 Clearing and Grubbing at Dollars (Lump Sum) A-3 Finish Grade - .. Dollars per Square Foot A-4 Soil Preparation Dollars per Square Foot 1 LS 73,181 SF $ 73,181 SF $_ 21,190.00 0.33 0:33 21,190.00 24,149.73 24,149.73 Revised 10/08/03 Contract No. 3907 Page 11 of 114 Pages item . ' •, . No. Description A-5 Irrigation System Dollars (Lump 'Sum) A-6 5 Gallon Trees • Dollars Each A-7 1 Gallon Trees Dollars Each A-8 1 Gallon Shrubs • " Dollars Each A-9 Hydroseed (SWS) Approximate Quantity - Unit - and Unit . - Price . 1 LS $ 30,,636.86 5 EA $ 125 EA $ 444 EA $ 73,181 SF $_ Dollars per Square Foot A-10 Maintenance Period (1-30 Days) . 47.27 27.26 12.86 0.12 1 LS $4,950.87 Total . $ 30,636.86 236 .35 '3,407.50 5,709.84 4,950.87 .. Dollars (Lump Sum) A-11 Maintenance Period (31-60 Days) • 1 LS -' $4,950.87 4,950.87 Dollars (Lump Sum) A-12 Maintenance Period (61-90 Days) 1 LS - $3,255:13 •$_ 3,255.13 Dollars (Lump Sum) A-13 Maintenance Period (91-120 Days) 1 LS • $ 3,255.13 : $_3,255.13 Dollars (Lump Sum) Revised 10/08/03 Contract No. 3907 Page 12 of 114 Pages iMAGE, INC Approximate Item Quantity Unit No. Description and Unit . Price Total A-14 Environmental Fencing 1,OOOSF $ 1.72 $ 1,720.00 Dollars per lineal Foot Total amount Of bid in WOrdS for On-Site Mitigation: One Hundred Fifty-Six Thousand Three Hundred Ninety-Three Dollars and Seventy-Three Cents Total amount of bid in numbers for On-Site Mitigation: $. 156-393-73 Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). •L/ _ has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number 72051 3 _ ; _ , classification _. C27 _ __ which expires on 3/31 /Q8 _ ____, and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028. 15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code § 20104. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is _ B-J r? Rnnd _ (Cash, Certified Check, Bond or Cashier's Check) for ten percent (1 0%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in Revised 1 0/08/03 Contract No. 3907 Page 13 of 114 Pages License Detail Page 1 of2 Welcome to California License Detail Contractor License # 720513 CONTRACTORS STATE DISCLAIMER A license status check provides information taken from the CSLB license data base. Before relying on this information, you should be aware of the following limitations: :j •CSL B complaint disclosure is restricted by law (B&P 7124.6). If this entity is J subject to public complaint disclosure, a link for complaint disclosure will appear | below. Click on the link or button to obtain complaint and/or legal action ;] information. . ] •P er B&P 7071.17, only construction related civil judgments reported to the CSLB j are disclosed. ij •A rbitrations are not listed unless the contractor fails to comply with the terms of \ the arbitration. . • • li •Due to workload, there may be relevant information that has not yet been i entered onto the Board's license data base. •1 Extract Date: 11/15/2006 - V, *** Business Information *** ! )' ] _.- V ^ ^ r-.^ '", •' - NATURES IMAGE INC , '. "C T '.:. - 20472 CRESCENT BAY SUITE 102 J ,,- ... . . LAKE FOREST, CA;92630 - .. '.'.#- " , . : , , -Business Phone Nurjiber: (949) 454-1225 : •'"' Entity: Corporation • , Issue Date: 03/27/1996 Expire Date: 03/31/2008, " * * '* License Status * * * 4- - * t 'v "^ '• " ' ' - This license is current and active. All information below should be reviewed. * * *Classifications * * * 4 Class Description C27 LANDSCAPING * * *Bonding Information http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp * * *' 11/15/2006 License Detail Page 2 of2 CONTRACTOR'S BOND: This license filed Contractor's Bond number 6138920 in the: - amount of $10,000 with the bonding,company ->" :" V SAFECO INSURANCE COMPANY OF AMERICA. '-:". ; ; - . ,; Effective Date: 01/01/2004 -'• -: ; ;V -;l T\ Contractor's Bonding History — !\S1- BOND OF QUALIFYING INDIVIDUAL(I): The Responsible Managing Officer (RMQJ MICHELLE MC COLLOM CARUANA certified that he/she owns 10 percentor rribYe of ;.," .the voting-stock/equity of the corporation. A bond,of qualifying individual is not „« • " '. ; • required.- , : ' | ,..-V'-" - " V"'., , :. , Effective Date: 05/08/1998 - =! ; , i ff: : * * *Workers Compensation Information *-* * This license has workers compensation insurance with.the , -i\ DEPARTMENT OF INDUSTRIAL RELATIONS r Policy Number: 4503-068 Effective Date; 07/01/2005:Expire Datfe: None Workers Compensation History * ^ Personnel listed on this license (current or disassociated) are listed on other .licenses. Personnel List Other Licenses License Number jContractor Name I Request [Personnel Name Salesperson Request BSalesperson Name Request © 2006 State of California. Conditions of Use Privacy Policy http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 11/15/2006 I I . accordance with the provisions of that code, and agrees to comply with such provisions before ^^ commencing the performance of the work of this Contract and continue to comply until the contract is |^P complete. I The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the _ Contract and agrees to comply with its provisions. * IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: • (1) Name under which business is conducted N/ft (2) Signature (given and surname) of proprietor | (3). Place of Business • (Street and Number) City and State , . • (4) Zip Code Telephone No. • . (5) E-Mail : ; m IF A PARTNERSHIP. SIGN HERE: (1) Name under which business is conducted N / A (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) I (3) Place of Business I (Street and Number) City and State ' _ (4) Zip Code Telephone No. • . (5) E-Mail I I I 1 I 'I '** Revised 10/08/03 Contract No. 3907 Page 14 of 114 Pages I I IP A CORPORATION. SIGN HERE: ^^^B (1) Name under which business is conducted Nat-.iir^s image, inc. ._ _ (Signature) CEO I (Title) , • u. \g Impress Corporate Seal here ] £ I ':,'. ?? S /Jv •-.,-.•' -3"(3) Incorporated under the laws of the State of California 1 (4) Place Of Business 2047? CrP-Rnpnt- PSayf .quite 102 ^Street and K(Street and Number) City and State Lake Forest f CA I (5) Zip Code 92630 Telephone No. (949) 454-1225 M (6) E-Mail ni@naturesimage.net I*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: Michelle Caruana President, Secretary, Treasurer NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED Lisa Lamond CEO John Caruana Vice President I I I I I I I I "mW Revised 10/08/03 Contract No. 3907 Page 15 of 1.14 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT , State of California County of Orangp ss. On 8/16/06 personally appeared Lisa beforeme.Lori Robinson, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") LOP' ROBINSON COMM. #1580372 Eg NOTARY PUBLIC-CALIFORNIA g£ ORANGE COUNTY ro ' My Comm. Expires JUNE 17, 2009 i Name(s) of Signer(s) W personally known to me D 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 capacityjjes). and that by his/her/their signatures) onlRe~lRStrument the person(s), or entity upon behalfofswhich the person(s) reacted, ^executed the instrurnVit. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Contractor's Proposal Document Date: 8/1 6/06 Number of Pages: 5_ Signer(s) Other Than Named Above:None Capacity(ies) Claimed by Signer Signer's Name: T.i sa LaMond D Individual K Corporate Officer - Title(s): D Partner — D Limited D General D Attorney-in-Fact D Trustee . D Guardian of Conservator D Other: RIGHT THUMBPRINT ' OF SIGNER. Top of thumb here CEO Signer Is Representing:,Natures Image, Inc. ) 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod.' No. 5907 Reorder: Call Toll-Free 1-800-876-6827 I § EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder Natures Image, Inc. _, proposed subcontractor N/A. • __, hereby certifies that he has x , has not. , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause: Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) ' Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. . Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contrac- tor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Depart- ment of Labor. Revised 10/08/03 Contract No. 3907 Page 16 of 114 Pages I I I I I I I I I I I I I I I I i I 1 PUBLIC CONTRACT CODE PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has , has not X been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. .The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 1.0285.1. Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of , perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No x If the answer is yes, explain the circumstances in the following space. Revised 10/08/03 Contract No. 3907 Page 17 of 114 Pages I '.;':•'"•• MATURES MAGE, m PUBLIC CONTRACT CODE 10232 STATEMENT II In cohformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of _ perjury, that no more than one final unappealable finding of contempt of court by a federal court has been * issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. I Note: The above Statement and Questionnaire are part of the Proposal. Signing this ProposalIon the signature portion thereof shall also constitute signature of this Statement and Ques- tionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal • . prosecution. I I* I I I I I I I I I . A• "^ Revised 10/08/03 Contract No. 3907 Page 18 of 114 Pages I I I I I I I I I I I I I I -I I I BID SECURITY FORM (Check to Accompany Bid) CONTRACT NO. 3907 ON-SITE WETLAND MITIGATION RESTORATION FOR RANCHO SANTA FE ROAD NORTH (NOTE: The following form shall be used if check accompanies bid.) N/A Accompanying this proposal is a *Certified *Cashiers check, payable to the order of CITY OF CARLSBAD, in the sum of ; ; '_ dollars ($ . ), this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. BIDDER *Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed-the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) Revised 10/08/03 - Contract No. 3907 Page 19 of 114 Pages BIDDER'S BOND TO ACCOMPANY PROPOSAL CONTRACT NO. 3907 ON-SITE WETLAND MITIGATION RESTORATION FOR RANCHO SANTA FE ROAD NORTH KNOW ALL PERSONS BY THESE PRESENTS: That we, NATURES IMAGE, INC. , as Principal, and FIRST NATIONAL INSURANCE COMPANY QF AMERICA as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) TEN PERCENT OF THE TOTAL AMOUNT BID for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: ' On-Site Wetland Mitigation Restoration For Rancho Santa Fe Road North Contract No. 3907 in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. Revised 10/08/03 Contract No. 3907 Page 20 of 114 Pages In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond Executed by PRINCIPAL this 1 5th day of August _, 2006 . PRINCIPAL NATURES IMAGEJhjC. (print name here) (Title arp Or$anizatioj>'pf5Signatory) By:f/a igWhere) (print name here) "• (title and organization of signatory) dayExecuted by SURETY this Of JULY ? 20 06 . SURETY: .,f v FIRST NATIONAL INSURANCE COMPANY OF AMERICA \ (name of Surety) - 1 120 VANTIS, ALISO VIEJO, CA 92656 . '. '| (address of Surety) ^ ' <S 949-860-6620^ _ "'v (telephone number of Surety) (signature of Attomey-in-Fact) DWIGHT REILLY (printed name of Attomey-in-Fact) **?? »*•;> ~~- ^'>*(Attach corporate resolution showing current power of attorney.) %,^ (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deptity'City Attorney Revised 10/08/03 Contract No 3907 Page 21 of 114 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT <5)ScSftaS£S«S<&Sftg&SaSteS^^ I I State of California County of ORANGE 1ss. On JULY 11TH, 2006 before m6] ALLISON RITTO, NOTARY PUBLIC Name and Title of Officer (e.g., "Jane Doe, Notary Public") DWIGHT REILLY Date personally appeared ALLISON RITTO Commission # 1537464 Notary Public - California Name(s) of Signer(s) Kl personally known to me D proved to me on the basis of satisfactory evidence to be the person^ whose namefe) is/are subscribed to the within instrument and ;acknowledged to me that he/stre/they executed the same in hisXter/thefr authorized : capacity (lea), and that by his/hw/ttteir Orange County signature^ on the instrument the person^*), or My Comm. Expires Dec 23, 2008P the entity upon behalf of which the person^ acted, executed the instrument. WITNESS Place Notary Seat Above Signature of Notary Public ALLISON RITTO 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:BID BOND Document Date:.JULY11TH, 2006 Number of Pages:. Signer(s) Other Than Named Above:.NONE Capacity(ies) Claimed by Signer Signer's Name: DWIGHT REILLY D Individual D Corporate Officer — Title(s): D Partner — u Limited D General rxl Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: FIRST NATIONAL INSURANCE COMPANY OF AMERICA RIGHT THUMBPRINT OF SIGNER Top of thumb here ^ SAFECO POWER OF ATTORNEY No. 9551 FIRST NATIONAL SURETY PC BOX 34526 SEATTI.n. WA 98124-1526 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ,,,,,,,..,,....,,,,..,,,,,......,,.,,...,,..,,.».|| j DUECK; DWIGHT REILLY; Anaheim, California****"" FIRST NATIONAL INSURANCE COMPANY OF AMERICA PO BOX 34526 SEATTLE, WA 98124-1526 its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this Jlih day of January CHRISTINE MEAD, SECRETARY /Uu. IA^ MIKE MCGAVICK, PRESIDENT CERTIFICATE Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its businessr On any instrumehrrnaKlrig'of'evldencing| such'appblntmentrthe'signatures may'be'affixea by facsimile. On ahy'instrument'conferrlng'such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL-INSURANCE COMPANY OF AMERICA adopted July 28. 1970. . "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, ! (i) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof.". l, Christine Mead, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 11TH day of JULY 2006 CHRISTINE MEAD, SECRETARY S-1049/FNEF7/98 ® A registered trademark of SAFECO Corporation 01/11/2005 PDF CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ss. On 8/15/06 Date personally appeared _ •_ before me, Lori Robinson, Notary Public , Name and Title of Officer (e.g., "Jane Doe, Notary Public") John Caruana , LORI ROBINSON COMM. #1580372 NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY My Corran. Expires JUNE 17, 2009. Name(s) oi Signer(s) 5fe] personally known to me D 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 upoH-berhatf-etj^hich the person(s) acted, .executed the instrumenN wi;IN/ESS my hand and official: e of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bidder's Bond ___^ Document Date: R /1 R /flfi .Number of Pages: Signer(s) Other Than Named Above:Michelle Caruana Capacity(ies) Claimed by Signer Signer's Name: John Caruana D Individual : K Corporate Officer - Title(s): D Partner — D Limited D General D Attorney-in-Fact O Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT •;: OF SIGNER Top of thumb here Vice President Signer Is Representing:,Natures Image, Inc. © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange ss. On 8/15/06 before me, Lori Robinson, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Michelle Caruana LORI ROBINSON COMM-# 1580372 £ NOTARY PUBLIC-CALIFORNIA ^ ORANGE COUNTY ts> My Comm, Name(s) of Signer(s) M personally known to me D 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(sj_on_the instrument the person(s), or the ejatifyuponT5e~tialf of which the person(s) executed the inskument. land and afficial seal. 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: Bidder's Bond Document Date: 8/15/06 .Numberof Pages:. Signer(s) Other Than Named Above: John Car^ana Capacity(ies) Claimed by Signer Signer's Name: Michelle Caruana D" Individual CX Corporate Officer - Title(s): President:/Secretary D Partner — D Limited D.General D Attorney-in-Fact D Trustee Q Guardian or Conservator D Other: BIGHT THUMBPRINT :,' OF SIGNER Top of thumb here Signer Is Representing:__Natures Image, Inc. D1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6327 I I • ' ">1I I I I I I I I I I I I I I I I I GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following Subcontractor disclosure form Bidders are urged to review the definitions in section 1-2 of the SSPWC ("Greenbook") and in the Supplemental Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Subcontractor" and "Work" and the definitions in section 1-2 of the Supplemental Provisions especially "Own Organization." Bidders are further urged to review sections 2-3 SUBCONTRACTS of the Greenbook and section 2-3.1 of these Supplemental Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be preformed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor- installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the Supplemental Provisions. The decision of the City Council shall be final. Revised 10/08/03 Contract No. 3907 Page 22 of 114 Pages I • Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or A 1777.7. . I Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. I I I I I I I I I I I I I •• m^ Revised 10/08/03 Contract No. 3907 Page 23 of 114 PagesA m^ I I I I I I I I I I I I I I I I II I DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS CONTRACT NO. 3907 ON-SITE WETLAND MITIGATION RESTORATION FOR RANCHO SANTA FE ROAD NORTH The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies, that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Portion of Work* *• ,. ''' <"*>. ' None Subcontractor Name and Location of Business Amount of Work by Subcontractor ; in Dollars* Subcontractor's License No.*__ Page -i of •;_ pages of this Subcontractor Designation form * Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." Revised 10/08/03 Contract No. 3907 Page 24 of 114 Pages I I BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY I (To Accompany Proposal) CONTRACT NO. 3907 ON-SITE WETLAND MITIGATION RESTORATION I FOR RANCHO SANTA FE ROAD NORTH _. Copies of the latest Annual Report, audited financial statements or Balance Sheets may be I submitted under separate cover marked CONFIDENTIAL. See attached envelope for Financial Statements _ •• _i zzzzzizi^izizzzzzz: I !• I ii i ii iii I : ^*¥ Revised 10/08/03 Contract No. 3907 Page 25 of 114 Pages BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) CONTRACT NO. 3907 ON-SITE WETLAND MITIGATION RESTORATION FOR RANCHO SANTA FE ROAD NORTH Copies of.the latest Annual Report, audited financial statements or Balance Sheets may be submitted under separate cover marked CONFIDENTIAL. TRUE SECRET Revised 10/08/03 Contract No. 3907 Page 25 of 114 Pages Schlotzhauer & West Certified Public Accountants CONRDEN1L 4676 Lakeview Avenue, Suite 201 Yorba Linda, CA 92886 (714) 695-9173 • (888) 884-9823 , Fax (714) 695-9178 Board of Directors NATURES IMAGE, INC. 20472 Crescent Bay, Suite 102 Lake Forest, California 92630 UNAUDITED We have reviewed the accompanying balance sheet of .Natures Image, Inc. as, pf.,: December 31, 2005, and the related statements of earnings and retained' earnings', and cash flows for the year then ended, in accordance with Statements on' Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants. All information included in these reviewed, unaudited financial statements—is—the—repres'enfatiron—of—the—management of Natures Image, Inc. . A review consists principally of inquiries of Company personnel and analytical procedures applied to financial data. It is substantially less in scope than.an examination in accordance with generally accepted auditing standards, the' objective of which is the expression of an opinion regarding the financial statements taken as a whole. Accordingly, we do not express such an opinion. Based on our review, we are not aware of any material modifications that should be made to the accompanying reviewed, unaudited financial statements in order for them to be in conformity with generally accepted accounting principles. , Yorba Linda, California June 20, 2006 NATURES IMAGE, INC. BALANCE SHEET December 31, 2005 . (UNAUDITED) CONFIDENTIAL CURRENT ASSETS: cash (Note 2) Accounts Receivable - Trade (Notes 1, And 3) - Billed . Project Receivables Unbilled Retentions Inventory (Note 1) Prepaid Expenses Prepaid Income Taxes (Note 1) Total Current Assets $ 1,415,657 662,255 419,847 745,818 .2,497,759 12., 930 37,699 3,339 3,297,545 PROPERTY AND EQUIPMENT (NOTES 1, 4 AND 5): Operating,Equipment Transportation Equipment . Office Furniture And Equipment Less Accumulated Depreciation Net Property And Equipment OTHER ASSETS: Deposits . Total Assets 954,516 686,848 91,001 1,732,365 1,133,542 598,823 55,011 3,951,379 The Accompany Notes Are An Integral Part Of These Reviewed, Unaudited Financial Statements See Accountants' Review Report •. CONFIDENTIAL NATURES IMAGE, INC. BALANCE SHEET December 31, 2005 (UNAUDITED) LIABILITIES AND STOCKHOLDERS' EQUITY CURRENT LIABILITIES: . Note Payable - Bank (Note 4) $ Contracts Payable - Current Portion (Note 5) ' - 67,323 Accounts Payable - (Note 6) 525,983 Project Receivables Billed In Advance (Notes 1 Arid 7) . 1,010,997 Accrued Payroll And Payroll-Related Expenses 71,914 Income Taxes Payable (Note 1> , ' - Total Current Liabilities ' 1,676,217. NON-CURRENT LIABILITIES: ' . Contracts Payable, Net Of Current .Portion (Note 5} $ 90,447 Deferred Income Taxes (Note 1) 2,082 Total Non-Current Liabilities .- 92,529-. Total Liabilities. ' ' 1,768,746 STOCKHOLDERS' EQUITY:•••••> S . ' Common Stock (Note 8) 25,850 Retained Earnings 2,156,783 Total Stockholders' Equity . 2,182,633 Total Liabilities And Stockholders' Equity . $ 3,951,379 The Accompany Notes Are An Integral Part Of These Reviewed, Unaudited Financial Statements See Accountants' Review Report - 5 - NATURES IMAGE, INC. STATEMENT OP EARNINGS AND RETAINED EARNINGS For The Year Ended December 31, 200S (UNAUDITED) CONFIDENTS INCOME COST OF SALES (SCHEDULE 1) GROSS PROFIT SELLING, GENERAL AND ADMINISTRATIVE EXPENSES (SCHEDULE 2) EARNINGS FROM OPERATIONS NON-OPERATING INCOME (EXPENSE): Interest Income Dividend Income Gain (Loss) Sale Of Assets EARNINGS BEFORE INCOME TAXES INCOME TAXES (NOTE 1) NET EARNINGS AFTER INCOME TAXES DISTRIBUTIONS OF SUB-CHAPTER S EARNINGS RETAINED EARNINGS, DECEMBER 31, 2004 RETAINED EARNINGS, DECEMBER 31, 2005 6,517 4,052 (29,577) S -5,587, 3,604, 1,983, 985, 998, (19, 979, 14, 964, .(951, 2,144, $ 2,156, 823 203 620 592 028 008) 020 863 157 521) 147 783 The Accompany Notes Are An Integral Part Of These Reviewed, Unaudited Financial Statements See Accountants' Review Report NATURES IMAGE, INC., - •• . STATEMENT OF CASH FLOWS : , For The Year Ended December 31, 2005 . . . (UNAUDITED) OPERATING. ACTIVITIES: , Net Earnings After Income Taxes ' ' . $ 964,157 ADJUSTMENTS TO RECONCILE NET EARNINGS AFTER INCOME : TAXES TO NET 'CASH PROVIDED BY OPERATING ACTIVITIES - Depreciation , . , . 269,489 Provision For Deferred Income Taxes ' 202 Loss On Sale of Assets 27,543 CHANGES IN OPERATING ASSETS AND LIABILITIES Increase In Accounts Receivable - Trade . ,.' (624,264) Increase In Inventory (12,930) Increase In Prepaid Expenses (37,699) Decrease In Prepaid Income Taxes " • 6,974 • Increase In Deposits . . (48,276) Increase In Accounts Payable 266,908, Increase In Project Receivables Billed In Advance 463,026 increase In Accrued Payroll And Payroll-Related Expenses 1/636 NET CASH PROVIDED .BY OPERATING ACTIVITES 1,276,766 INVESTING ACTIVITIES: ' Purchase of Property And Equipment (85, 825) NET CASH USED IN INVESTING ACTIVITIES '. (85,825) FINANCING ACTIVITIES: - • Distributions of Sub-Chapter S Earnings ". (951,521) Principal Payments On Contracts Payable (136,871) NET CASH USED IN.FINANCING ACTIVITIES , (1,088,392) NET'INCREASE IN CASH 102,549 BEGINNING CASH AND CASH EQUIVALENTS, DECEMBER 31, 2004 643,269 ENDING CASH, DECEMBER 31, 2005 $ 745,818 • • The Accompany Notes Are An Integral Part Of • These Reviewed, Unaudited Financial Statements See Accountants' Review Report I III I I I I I I I I I I I I I 4 I I BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) CONTRACT NO. 3907 ON-SITE WETLAND MITIGATION RESTORATION FOR RANCHO SANTA FE ROAD NORTH The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Contract Completed Name and Address of the Employer ?>(=><=> At-f-ar-hpirl Name and Phone No. of Person to Contract Type of Work Amount of Contract Revised 10/08/03 Contract No. 3907 Page 26 of 114 Pages Natures Image, Inc. Reference Sheet Collin's Property Wetlands Oceanside, CA Owner: City of Oceanside Contact: Brian Grove, City of Oceanside (760) 435-4500 Project Dates: 12/04-1/06 Contract Amount: $147,375.18 Type of services performed: Site preparation, irrigation installation, planting of wetland and riparian species, hydroseeding and maintenance. North Aqua Hedionda Wetlands Carlsbad, CA Owner: City of Carlsbad Contact: Mark Biskup, City of Carlsbad (760) 602-2720 Project Dates: 9/04 - 12/05 Contract Amount: $18,709.91 Type of services performed: Exotics removal, irrigation installation, planting and maintenance. Hill Canyon WWTP Thousand Oaks, CA . Owner: City of Thousand Oaks ' Contact: James Gorham, CH2M Hill (714)429-2020 .Project Dates: 9/03 - Present (in ongoing maintenance) Contract Amount: $793,516.00 Type of services performed:8 acres of wetland, marsh and riparian restoration including Arundo removal-, irrigation installation, planting, seeding, erosion control and maintenance. . : City of Laguna Hills Wetland-Southwestern Turtle Pond Migration Plan Laguna Hills, CA Owner: City of Laguna Hills Contact: Pam DeVries, Bonterra Consulting (626) 351-2000 Project Dates: 3/02 - 5/03 Contract Amount: $103,79.7.00 Type of service performed: irrigation installation, planting riparian and wetland species, hydroseeding, and maintenance. Brawley & Imperial Wetland Restoration Imperial, CA Owner: U.S. Bureau of Reclamation Contact: Deborah Marcus, US Bureau of Reclamation (702) 293-8119 Project Dates: 7/00 - 7/03 Contract Amount: $371,896.63 . Type of service performed: 28.7 acres of wetland,restoration including emergent and aquatic vegetation species, invasive weed removal and ongoing maintenance. I I I I I I I I I I I I I I I I I I I BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS'COMPENSATION (To Accompany Proposal) CONTRACT NO. 3907 ON-SITE WETLAND MITIGATION RESTORATION FOR RANCHO SANTA FE ROAD NORTH As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: D Comprehensive General Liability 0 Automobile Liability. D Workers Compensation D Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. Revised 10/08/03 Contract No. 3907 Page 27 of 114 Pages Nov-21-06 02:13pm From-UNITED AGENCIES-,, -.4659985 4911 T-571 ''"URIEL CERTIFICATE OF LIABILITY INSURANCE NA$™^ u/^/os 'RODUCER •,«ted :Agencies> ' I»c . (D) License #0252636 . Box 50038 Irvine CA 92619 Phone: 949-297-4900 Fax:949,-297-4911 INSURED ' Natures Image Inc.John Scatton20472 Crescent Bay Drive #102Lake Forest CA 92^30 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER: tHIS.CERTiFlCAtE DOES NOT AMEND, EXTEND OR ALTERTHE COVERAGE AFFORDED BY THE POLICIES'BECOW. s v INSURERS AFFORDING COVERAGE INSURER A. Nationwide Insurance INSURERS; United National IAS. Co. " INSURER C: North American. Capacity INSURER D: California Contractors NatvroEk INSURER E. NAIC # ' 25453 25038 COVERAGES • - T ' ' . ' THE POLICIES Of INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR . MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU-THE TSRMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. AGGREGATE UMJTS SHOWN'MAY HAVE BEEN REDUCED BY PAID CLAIMS , ' INSKLTR B A • C D RDDT NSRC X X TYPE OF INSURANCE GENERAL LIABILITY 3i_COMMERCIAL GENERAL LIABILITY ~\ CLAIMS MADE fx~j OCCUR - GEN'L AGGREGATE LIMIT APPLIES PER ~~| POLICT 51 SBft FUoC AUTOMOBILE LIABILITY X — ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS , MiREDAUTOS NONrOWNED AUTOS <5ARAG~eUABiLiTY - ANY AUTO . - - ' " - EXCESSAJMBRELLA LIABILITY X~] OCCUR - [^ CLAIMS MADE X. DEDUCTIBLE - ; RETENTION '3)10,000 WORKERS COMPENSATION AND EMPLOYERS1 LIABILITY .ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? Ifvaa, doscribe.ynder .SPECIAL PROVISIONS below OTHER POLICY NUMBER PNG0002801 ACP7801857S40 PNS200032200 05I4S03020 TKSOCYIEFFecTWEDATEIMM/OWYY) 07/01/06 07/01/06 07/01/06 12/31/05 ^^S^V^ 07/01/07 07/01/07 07/01/07 12/31/06 LIMITS EACH OCCURRENC6 ^AMfttit: I.Untpllbu PREMlS6S'(Ea occuronoe) MED EXP (Any on* parson) PERSONAL 5 ADV INJURY SENERAL AGGREGATE PRODUCTS - COMP/OP AGG „ COMBINED SINGI.E LIMIT (EaaocWonl) ' BODILY INJURY(Pwparson) •- BODILY INJURY(Par accident) PROPERTY DAMAGE(Por.aeddant) . AUTO ONLY • EA ACCIDENT rtfHIiHTHAN EA'ACC' AUTO ONLY: A(je EACH OCCURRENCE AGGREGATE . X I ,UVU STAIU- (JIM-ITORY LIMITS- • ER E.L EACH ACCIDENT E.L DISEASE - EA EMPLOYEE E.L DISEASE - POLICY LIMIT $1,000^000 sSOjOOO $ S , 000 s 1,000,000 s 2, 000^000 s2,OOOrOOO si, 600, ooo s -, •' • S ' • s- . . - * ' ' . . *• . . '' $ • $5,000,000 $5,000,000 * .-' $ $ si, 000 ,000 51,000,000 11,000,000 FX ^760-602-8562 *10 Day Notice o£ Cancellation in the event of Nori-Paymant of Premium* RE: Contract #3907 r Rancho' Santa Fe Road Wetland Mitigation Ths city o£ Carlsbad, its .officials, employees and volunteers are named additional insured as rjasp'ects general and auto liability as required by written contract and Priuiary Wording applies per attached endorsements. CERTIFICATE HOLDER CANCELLATION .City of Carlsbad its officials, employees & volunteers 1635 Faraday Avenue Carlsbad, CA 92008-7314 CTICARL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOl DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAO, *30 DAYSWRlTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ' . . AUTHC ACORD25(2001/OS)© ACORD CORPORATION 19? •OZ:.l;3w From-UNI TED AGENCIES - • «ii r r, •' • ' T-571 , P.002/006 F-707 IMPORmNT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be^endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). ' DISCLAIMER . ^the issuing ^insurer(s), authprized nepresenfative or producer, arid the certificate holder, nbrdois it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) 110*41-08 OM4pra ;Fr0m-UNITED AGENCIES t/ 465998,4911 T-571 P^003/006 F-707 POLICY NUMBER: PNG00028Q100 - NATURES IMAGE 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: _, • . GOMIWERGI^L GENERAL^^ LIABILITY'COVERAGE PART. SCHEDULE Name of Person or Organization: " . Any.person oriprgairiizatioh to which you are,obligated tiyvifee of a written contract to pro^^^ insurance such as is afforded by this policy, but only with respectto (1) occurrences taking place after such^ntteh contract has been executed arid (2) occurrences resulting from .work performed . by you during the policy period. •' The City of Carlsbad; its officials, employees and volunteers RE: Contract #3907-Rancho Santa Fe Road Wetland Mitigation _ (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. Coverage provided by this policy to the Additional Insured(s) shown in the Schedule shall be primary insurance and any otherinsurance maintained by the Additional Insured(s) shall be excess and non-contributory, but only as respects any claim or liability determined .to be the result of the sole negligence or responsibility of the Named Insured and ohly if required of the Named Insured by written contract. CG 20 1011 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 O fm/^ POLICY NO. ACP780185784Q - NATURES IMAGE - - ' . • -.;-'• ^ CAZO 48 (02-99) f HIS ENDORSEMENT CHANGES THE POLICY: PLEASE READ IT CAREFULLY. : ' - , . ' ./-",' . DESIGNATED INSURED ' This endorserrient modifies insurance provided under the following: ....'.'• . BUSINESS AUTO COVERAGE-FORM . GARAGE .COVERAGE FORM . MOTOR CARRIER COVERAGE FORM , . : TRUCKERS 'COVERAGE FORM , . .With respect to coverage provided by this endorsement, the provisions of the Coverage Form.apply unless modified by this:end6rserrient. . . . ' •" This eridorsement identifies person(s) or organization(s) who are "insureds'1 under the Who Is An Insured Provision of the Coverage Form, This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name of Person(s) or Organization^): The City of Carlsbad, Its officials,, employees and volunteers RE: Contract #3907 - Rancho Santa Fe Wetland Mitigation (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement) . , , Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section 11 of the Coverage Form. . , Copyright, Insurance Services Office, Inc., 1998 ' CA 20 48 (02-99) Nov-ZI-06 ,02:14pm From-UNITED AGENCIES 4659985 4911 'T-571 P.005/006 F-707 ACORD- CERTIFICATE OF LIABILITY INSURANCE ^ffli^ PRODUCE* - CaJLi.£o>Knia Contractors Network f Inn . 2151 Coaveation Cexxte* Wy #203 Ontario CA 91764 Pnona: BOO-592-0047 Fax :S 00-592-2541 INSURED Natures Imago. Inc.20472 Crescent Bav Sta 102La&a" FoEQSt C& 92B30 taTEiMwoowm) 11/20 /OS THIS CERTIFICATE IS ISSUED A3 A MATTER OP INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES'BELOW. INSURERS AFFORDING COVERAGE INSURER*: cuiiioraia gomuaocors nit™* INSURER & WSIWERC; INSURER P' INSURERS; NA1CS COVERAGES THE POLICIES OF INSURANCE U8T5D BELOW HAVe BEEN ISSUED TO THB INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWlTHSTANDlNe MAY PERTAIN. THS INSURANCE APPOfiOED 6Y THE POLKGB DESCRIBED HEREIN IS SUBJECT TO ALUTHETERMS, SXOUSIONS AND QONOfflOMS OF SUCH POUOIBRACCTgOATE LIMITS SHOWN MAY WAVE BEgNRgDUCED BY PAiOCUlMS. . ' " tfRftLTR -.'. A ADD'LHSRt TYPE OF INSURANCE 'set • ,— • JERALLlAHLlTy COMMERCIAL GENERAL LIABILITY ^] CLAIMS MADE '[_ | pqCUR QSNl ASOREOATE LIMIT APPUE9 P&s: Atf — ANYAlTfO ALLCWNEDAl/rOS SCHEDULED AUTOS HIRED AUTOS . . ,' GARAGE UAaiurf ^ANYAUTO ., . EXOESSfUIMBRCLLAUABILRY v ~]oCiitJR" n J CLAIMS MADS VKORKERD COMPeiKWflON AhD EMPLOYERS' LIABILITY •ANY SROPRIiTOR/PARtNEft/EXECLTrive S^EfilAl'pROV'SIONS beMw OTHER POLH^r NUMBER 1 tSreWSSSSSYY)" 1 ^Aw'cHSSBWVYK 1 LIMITS "' . ' . 4503-066 • •- '•• '. 01/01/Ofi 12/31/07 .EACH.OCCURRENCE Ij^SM/Mpb ti^KcmeuPREMISES (EHCOCurenon) , MED CXP (Any uiw puFwn) PERSONAL « AO1^ INJURY GENERAL AGGRBBATE PRODUCTS. COMP/OP 405 COMBINED SINGLE UMIT BOOIUYINJUFlY(Pwpusan) 7 BODILY INJURY(Per siattsnt) PROPERTY.DAMAOB AOTO ONLY - EA ACCIDENT AUTOONLV. ?AACC: AOO EACH OCCURRENCE AflsneeATe XlTORYHjSrnfl IOTM-1 ER E.L EACH ACCIDENT E.L DISEASE- EA EMPLOYEE fi-L DISiAEB - POLICY LIMIT $ s s » : s $ $ • : J • ' . • •• s $ s *, • • ' *. • • • • 5 5 0 I si ,000, 000 Si, 000, 000 ,J 1,000!,000 Re: ContBset # 3907-, Ranoho Santa Fe Rd. , Wetland Mitigation . Authorised by State of Calif orniaTpepartment of industrial Relations -Office o£ tii© Direo-tdr -Certificate to ISelf Xnsvure #450? . ' . ' • , CERTIFICATE HOLDER CANCELLATION THE CI The. City o£ Carlsbad, itaofficials, employees and volunteers • - 1635 Faraday Ave. , Carlsbad CA 9200B y aHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED EETORE THfi EXPIRATION BATE THEftEDl'.ptEeaiflNGmSURaR WILL ENDEAVOR TO WAIL 30 OAWWRlTTEN NOTICE T* tHE CeKriFlOATE HOLTCR NAMBB TO THB UB"T, SUTWULURETO DO SO SHAU- IMPOSE NO OBLIGATION OR UABH.ITY OF ANT KIND UPON THE WSHRCK. ITS AGCNT3 OR,, R6PftB3EWTATTVC3. jt^^ *7 *^ '' ' AUTHORIZED REPRESENTATIVE S— -5^/1/5 . /i, > SsF/ M/J/rIhomas J» 'WhesloEX/'^ Lstsp P i-yj&%%&f>s* ©ACORDCORPOfWTION 1988 I I II I I I I I I BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) CONTRACT NO. 3907 ON-SITE WETLAND MITIGATION RESTORATION FOR RANCHO SANTA FE ROAD NORTH i) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? . x yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred agency party debarred agency period of debarment period of debarment I I I I I BY CONTRACTOR: Natures Image, Inc. (name of Contractor) s—7 ' By:, (sign here) Lisa LaMond, CEO (print name/title) Page 1 of _J pages of this Re Debarment form I Revised 10/08/03 Contract No. 3907 Page 28 of 114 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange ss. On 8/16/06 personally appeared before me, Lori Robinson, Notary Public, " Name and Title ol Officer (e.g., "Jane Doe, Notary Public") Lisa LaMond : , LOR! ROBINSON COMM. #1580372 .NOTARY PU9UC.CALIFORNIA ORANGE COUNTY' My Comm. Expires JUNE 17, 2009 Narrie(s) of Signer(s) S personally known to me D proved to me on the basis of satisfactory . evidence • ' •' ' < . . • to be the perspn(s) whose name(s) is/are subscribed to the within instrument and acknowledged to rne 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.ejseeate44heinstrurnent.. . I1TNBBS my hand and yfficial seal. otary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. ' • i Description of Attached Document ' Title or Type of Document: Bidder's Statement of Re Debarment Document Date: None . Number of Pages: 1 Signer(s) Other Than Named Above:- None Capacity(ies) Claimed by Signer 'Signer's Name: '_ Lisa LaMond D Individual & Corporate Officer - Title(s): D Partner—D,Limited D General O Attorney-in-Fact D Trustee D -Guardian or Conservator D Other: RIGHT THUMBPRINT .I OF SIGNER Top of thumb here CEO Signer Is Representing: Natures Image, Inc. © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotaty.org ' Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) ' CONTRACT NO. 3907 ON-SITE WETLAND MITIGATION RESTORATION FOR RANCHO SANTA FE ROAD NORTH Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. . . 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' -, State'license Board two or more times within an eight year period?••"'"?-''•'. • ._ x ' • yes no 2) Has the suspension or revocation of your 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? N/A . . 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? N/A ' yes . • no ,. , .... 5) Iflhe 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. • . N/A ' •'...-. ". Jlf needed attach additional .sheets to provide full disclosure.) ' • '• . • • i 2 - •Page; _of pages of this Disclosure of Discipline form Revised110/08/03 Contract No', 3907 . ' • . Page 29 of 114 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) •'".'" . ' (To Accompany Proposal) " CONTRACT NO. 3907 ON-SITE WETLAND MITIGATION RESTORATION FOR RANCHO SANTA FE ROAD NORTH 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, .the party • -who's- discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature .of'the violation and the condition (if any) upon which 'the disciplinary action . . was stayed. ' • ' . ' . N/A , . . .'-.'••' . .-•••• " '• (If needed attach additional sheets to provide full disclosure.) , BY CONTRACTOR: . • ;'Natures Image, Inc. ' '." - *' • (name^of Contractor) ..(sign here) -, Lisa LaMond, CEO (print name/title)' •'2 2 Page '• of pages of this Disclosure of Discipline form Revised 10/08/03 Contract No. 3907 .. ;'•-'. pagie 30 of 114 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange ss. On 8/16/06 Date personally appeared _ before'me.t'Ori Robinson, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Lisa LaMond LORI ROBINSON COMM. # 1580372 NOTARY RUBUC-CALJFORNIA ORANGE COUNTY My Comm. ExpiresJUNE17, 2009 Name(s) of Signer(s) K personally known to me D 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^—aad__that by his/her/their signature's) on the instrumewtthe person(s), or the/entity upon behalf of whiclS^he person(s) died,/executed the instrument. 'WITNESS my hand and official seaf. , |ure of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bidder's Disclosure of Disipline Recond Document Date: i^one Number of Pages: 2 Signer(s) Other Than Named Above:None Capacity(ies) Claimed by Signer Signer's Name: Lisa LaMond Individual Corporate Officer — Title(s): RIGHT THUMBPRINT :': OFSIGNER. Top of thumb here CEO D Partner — [ Limited Q General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: _ Signer Is Representing:_Natures Image, Inc. D1999 National Notary Association • 9350 De SotoAve., P.O. Box 2402 • Chatsworth, CA 91313-2402 ? www.nationalnotary.org Prod. No. 5907 Reorder: Call Toil-Free 1-800-876-6827 I I I I I I I I I I I I I I I i I I NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 CONTRACT NO. 3907 ON-SITE WETLAND MITIGATION RESTORATION FOR RANCHO SANTA FE ROAD NORTH State of California ) ) ss. County of Orange ) Lisa LaMond . ^ -•.. . ^ bemg first duly sworn, deposes (Name of Bidder) and says that he or she is ' CEO • - ' (Title) of. Natures Image, Inc. (Name of Firm) 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 interested in the proposed contract; that all statements contained in the bid are true; and, further, that 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 the foregoing is true and correct and that this affidavit was executed on the 1 6 . day of August . , 20 06 . Signature of Bidder Subscribed and sworn to before me on the (1,p-- day-oL IA JC>jL) £>* , 20. (NOTARY SEAL) tLOR! ROBINSON —^ ": Signature of Notary COMM. #1580372 73 NOTARY PUBLIC-CALIFORNIA J5 ORASiGE COUNTY j(j My Comm. Expires JUNE 17, 2009 . Revised 10/08/03 Contract No. 3907 Page 31 of 114 Pages CONTRACT PUBLIC WORKS This agreement is made this j. day of ( jvfiJ&t>JVY\J^)&\ , 20&(s, by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and ' • NATURES IMAGE INC. whose principal place of business is. 20472 CRESCENT BAY SUITE 102 LAKE FOREST CA 92630 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: On-Site Wetland Mitigation Restoration For Rancho Santa Fe Road North, Contract No. 3907 (hereinafter called "project") , 2. Provisions .of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and Supplemental Provisions, and all proper amendments and changes made thereto in accordance with • this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be .the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and. materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. , Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for Public Works Construction (SSPWC) 2003 Edition hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Supplemental Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only,, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. RevisedMO/08/03 Contract No.'3907 Page 32 of 114 • Pages 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches . or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ,, or do involve hazardous waste/and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the .contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by .contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 DSC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. ' 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. 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. Revised 10/08/03 Contract No. 3907 Page 33 of 114 Pages Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in Resolution No. 91-403. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Comprehensive General Liability Insurance: $1 ,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. . b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1 ,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. . b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. Revised 10/08/03 Contract No. 3907- Page 34 of 114 Pages d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after thirty (30) days' prior written notice has been given to the City by certified mail, return receipt requested. , ' . (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor! Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by the City Council in Resolution No. 91-403. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in the Supplemental 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) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be Revised 10/08/03 : Contract No. 3907 Page 35 of 114 Pages considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper veriue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above, init 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return, of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 16. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED •A•^Revised 10/08/03 Contract No. 3907 Page 36 of 114 Pages (CORP0RATE,$EAL)* S ;, " '• CONTRACTOR: • Natures Image, Inc. itractor) nicipaj/dqpporation of v By: . (j^fayor ATTEST: By:. (prirAt nameand title) secretary LORRAINE M. WOOD, Ci' /L/\^^!€^^'t^i^^ (sign here) John Caruana - Vice President (print name and title) President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL . City Attorney DeputV City Attorney Revised 10/08/03 Contract No. 3907 Page 37 of 114 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange ss. On 11/28/06 . . Date personally appeared _ before me; "Lori Robinson, Notary Public Name andiTitie of Officer (e.g., "Jane Doe, Notary Public") Michelle Caruana LORI ROBINSON COMM. #1580372 \ NOTARY PUBLIC-CALIFORNIA 1 ORANGE COUNTY p -My Comm. Expires JUNE 17, 2009 Natne(s) of Sign'er(s) IX personally known to me P 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 sdme in his/her/their authorized capacity!(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity uppji_bjjhalf of which the person(s) acted, executed theihsfrument. WITNE qfficial seal. Signature of Nolary Public*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 Document: Public Work Contract • Document Date: Blank !_ Number of Pages: 6 •Signer(s) Other Than Named Above: John Caruana Capacity(ies) Claimed by Signer Signer's Name:Michelle Caruana D Individual . H Corporate Officer - Title(s):-' President7Secretary D Partner — D Limited D General P Attorney-in-Fact • -• • P • Trustee D Guardian or Conservator P Other: '• : . RIGHT THUMBPRINT : OF SIGNER Top of thumb-here Signer Is Representing: Natures Image, Inc. © 1999 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod.-No. 5907 Reorder: Call Toil-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ' * ."•*-County of ^Orange On 11/28/06 _ before me, Date . personally appeared '_.John Caruana Lori Robinson/ Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") ' ' -• - '. LORI ROBINSON COMM. #1580372 | NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY ' My Comm. Expires JUNE 17, ZOOS Name(s) of Signer(s); . ' ' • •" '. Kl personally known to me .; • D 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^) on the instrument the person(s), or upoTT^behalf of which the'person(s) ac/ed, executed the^istrument. ^TNESSxai7Tiarta*7afidLofficial seal.- fgnature.of Notary Public.! OPTIONAL Though the information below is not required by law, itmayprove 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: Public Work Contract ' '. : ' •' Document-Date:Blank Signer(s) Other Than Named Above: Michelle Caruana . Number of Pages: 6 Capacity(ies) Claimed by Signer Signer's Name: John Ca ma na • D Individual " • • ' ;1X Corporate Officer — 'Title(s): : Vice President /*'D Partner — D Limited D General ' . " •' * ; D. Attorney-in-Fact . . • ' D .Trustee "- . " "• • , Q Guardian or Conservator .'D Other: '• ' . ; .... BIGHT THUMBPRINT : OF SIGNER Top of thumb here , Signer Is Representing: Natures Image, Inc. © 1999 National Nola'ry Association • 9350-De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalndtary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 '•*- PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT ' BASED ON RNAL CONTRACT PRICE FAITHFUL PERFORMANCE/WARRANTY BOND ' Bond #6441713 - . Premium; $3,346 WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2006-327, adopted November 14, 2006, has awarded to NATURES IMAGE INC. (hereinafter designated as the "Principal"), a Contract for: - . . On-Site Wetland Mitigation Restoration For Rancho Santa Fe Road North Contract No. 3907 in the City of Carlsbad, in strict conformity'with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all. of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, NATURES IMAGE INC. . . as Principal, (hereinafter designated as the "Contractor"), and FIRST NATIONAL INSURANCE COMPANY OF AMERICA • • as Surety, are held firmly bound unto the City of Carlsbad In the sum of One Hundred Fifty Six Thousand Three Hundred Ninety Three Dollars and Seventy Three Cents ($156,393.73), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. . As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. . Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of .the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised TO/08/03 Contract No. 3907 Page 40 of 114 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this ?ai-h day Of November 20 Dfi . CONTRACTOR: NATURES "IMAGE INC. (name of Contractor) Executed by SURETY this 21ST day of NOVEMBER 2Q 06 SURETY: FIRST NATIONAL -INSURANCE COMPANY OF AMERICA (name of Surety) ^ ^(slgrrtie're) ,>•:•, J-, ' (print name here) President /Secretary Trie. (Title and Organization of Signatory) By: If (sign here) John Caruana (print name here) ice President Tatures Image, Inc. 120 VANTISr ALI50 V1EJQ. CA 92656 (address of Surety) (949) 860-6620 (telephone number of Surety) ^(signature of Attorney-in-Fact) DWIGHT REILLY (printed name of Attorney-in-Faci), (Attach corporate resolution showing 'current power of attorney.) (Title and Organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy'City Attorney Revised 10/08/03 Contract No. 3907 Page 41 of 114 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ALLISON RITTO, NOTARY PUBLICOn NOVEMBER 21st, 2006 before me_ Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") DWIGHT REILLYpersonally appeared ALLISON RITTO Commission #1537464 Notary Public - California Orange County MyComm.&q3iresDec23 2 personally known to me D proved to me on the basis of satisfactory evidence to be the personfs) whose name{e) is/are subscribed to the within instrument and acknowledged to me that he/oho/thoy executed the same in his/her/their authorized capacityftea), and that by his/hor/thcir signature^on the instrument the persor>fe), or the entity upon behalf of which the person^ acted, executed the instrument. WITNESS m seal.,. Place Notary Seal Above Signature of Notary Public ALLISON RITTO 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:Performance Bond Document Date:.NOVEMBER 21st 2006 . Number of Pages: Signer(s) Other Than Named Above:,NONE Capacity(ies) Claimed by Signer Signer's Name: D Individual • D Corporate Officer — Title(s):' D Partner — D Limited D General 6 Attorney in Fact D Trustee D Guardian or Conservator D Other: DWIGHT REILLY RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: FIRST NATIONAL INSURANCE COMPANY OF AMERICA SAFECO' POWER FIRST NATIONAL INSURANCE COMPANY OF AMERICA OF ATTORNEY PQ BOX 34526 FIRST NATIONAL SURETY SEATTLE. WA 98124-1526 PO BOX 34526 ' SEATn.r;,WA 98124-1526 No. 9551 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint *,,,,,,»,,t,*.*,,,»..,»,,**.*,,,,,,,*,,,,,,,,..,,n j DUECK; DWIGHT REILLY; Anaheim, California******* its true and lawful attomey(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents ' this Ilih __ day of January , 2005 CHRISTINE MEAD. SECRETARY _ _ , _ MIKE MCGAVICK, PRESIDENT CERTIFICATE Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business.. . On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from.a Resolution of the Board of Directors of , FIRST NATIONAL-INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (Hi) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Christine Mead, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 21st _ dayof NOVEMBER , 2006 . CHRISTINE MEAD, SECRETARY S-1049/FNEF7/98' ® A registered trademark of SAFECO Corporation 01/11/2005 PDF CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange ss. 11/28/06On Date personally appeared _ before me, Lori Robinson, Notary . Public. Name and Title of Officer (e.g.,-"Jane Doe, Notary Public") Michelle Caruana LORI ROBINSONCOMM. #-1580372 NOTAKYPUBL,C.CAUFORNIA Name(s) of Signer(s)- K personally known to me D .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) acte«lf§xecutedTReSftstrument. \l\~Tf<cial seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Faithful Performance /warranty Bond Document Date: 11/14/06 Number of Pages: 2 Signer(s) Other Than Named Above:.John Capacity(ies) Claimed by Signer Signer's Name: Michelle Caruana Individual Corporate Officer - Title(s): RIGHT THUMBPRINT ; OF SIGNER Top of thumb here P Partner — D Limited D General D Attorney-in-Fact • D Trustee Q Guardian or Conservator D Other: _ ' Signer Is Representing: Natures Image, Inc. © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org - Prod. No. 5907 : Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange ss. On 11/28/06 Date personally appeared _ before me, Lori Robinson, Notary Public, Name and Title of Officer (e.g., "Jane Doe, Notary Public") John Caruana , LORI ROBINSON COMM. #1580372 5 NOTARY PUBLIC-CALIFORNIA ff. ORANGE COUNTY (3 My Comm Expires JUNE 17, 2009 | Name(s) of Signers) IX personally known to me D 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, executfid-thfi_instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Faithful Performance /Warranty Bond Document Date: 11/14/06 • Number of Pages: 2 Signer(s) Other Than Named Above:Michelle Caruana Capacity(ies) Claimed by Signer Signer's Name:John Caruana O Individual 3 Corporate Officer — Title(s): D Partner — D Limited D General .0 Attorney-in-Fact D Trustee D Guardian or Conservator D Other: . ' - ' Vice President RIGHT THUMBPRINT •: OF SIGNER Top of thumb here Signer Is Representing:,Natures Image,Inc. 31999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Cnatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 LABOR AND MATERIALS BOND on • . - Bond 16441713 WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2006-327, adopted November 14, 2006, has awarded to NATURES IMAGE INC. I (hereinafter designated as the "Principal"), a Contract for: ' \ ' '-.'-.' • ' \ On-Site Wetland Mitigation Restoration For Rancho Santa Fe Road North Contract No. 3907 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the .performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE,^ _ NATURES IMAGE INC. _ ., as Principal, (hereinafter designated as the "Contractor"), and EIRST NATIONAL INSURANCE COMPANY OF AMERICA . ' _ ; _ ; _ _ ' as Surety, are held firmly bound unto the City of Carlsbad in the sum of One Hundred Fifty Six Thousand Three Hundred Ninety Three Dollars and Seventy Three Cents ($156,393.73), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 3181, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 3248. This bond shall inure to the benefit of any of the persons named in California Civil Code section 3181, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised 10/08/03 . Contract No. 3907 Page 38 of 114 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this 28th day of November ,. 20 06 • CONTRACTOR: NATURES IMAGE,. INC. (name of <£bntractor By:_ Caruana 0**/, * (print name here) i> t; president/Secretary •TOa+nTPC! Tm^gp Tnr- By:_ andiorgamzatiori"6f Signatory) (sign here) J6hn Caruana Executed by SURETY this 21ST day , NOVEMBER On06 .Of _; ; , /:U . SURETY: FIRST NATIONAL INSURANCE COMPANY OF AMERICA (name of Surety) 120 VANTIS, ALISO VIEJO, CA 92656 (address of Surety) (949) 860-6620 (telephone number of Surety) (signature of Attorney-in-Fact) DVCTGHT REILLY ' " (printed name of Attorney-in-Fact) "•*'.. * " *• t * (attach corporate resolution showing'-current-power- of attorney) . • f -_:•.'. -„. ' (print name here)Vice Presadent Natures Image, Inc, =; - (title and organization of signatory) .'•'.• (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy Gity Attorney "•Revised 10/08/03 Contract No. 3907 Pages ; Page 39 of 114 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ALLISON RITTO, NOTARY PUBLICOn NOVEMBER 21st, 2006 before me Name and Title of Officer (e.g., "Jane Doe, Notary Public") DWIGHT REILLYpersonally appeared ALUSON RITTO Commission # 1537464 Notary Public - California Orange County MyComm. Expires Dec 23,2 29 personally known to me D proved to me on the basis of satisfactory evidence to be the personfs) whose name(e} is/ere subscribed to the within instrument and acknowledged to me that he/oho/thoy executed the same in his/her/their authorized capacityfws), and that by his/her/their signature^on the instrument the person^), or the entity upon behalf of which the acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public ALLISON RITTO OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying oh the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:Payment Bond Document Date:.NOVEMBER 21st 2006 Number of Pages: i_ Signer(s) Other Than Named Above:.NONE Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General $ Attorney in Fact D Trustee D Guardian or Conservator D Other: DWIGHT REILLY RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:FIRST NATIONAL INSURANCE COMPANY OF AMERICA ($©ijs$&i^Hi(5$E;<$3a3^^ SAFECO*POWER OF ATTORNEY No. 9551 FIRST NATIONAL SURETY PO BOX 34526 SEATn,K,WA 98124-1526 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ,»,,,,,,,,*,,,»,,,„.,,»«*»......t.*..*****...«.«||. J.DUECK;DWIGHTRE1LLY; Anaheim, California******* FIRST NATIONAL INSURANCE COMPANY OF AMERICA PO BOX 34526 SEATTLE. WA 98124-1 526 its true and lawful attomey(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this llih day of January 2005 CHRISTINE MEAD, SECRETARY MIKE MCGAVICK, PRESIDENT CERTIFICATE Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile; On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shaH not be necessary to the validity of any such instrument or undertaking." Extract from_a Resolution of the Board of Directors of FIRST NATIONAL-INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (ill) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Christine Mead, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 21st dayof NOVEMBER 2006 CHRISTINE MEAD, SECRETARY S-1049/FNEF 7/98 ® A registered trademark of SAFECO Corporation 01/1 1/2005 PDF CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT " State of California County of Orange ss. On 11/28/06 Date personally appeared _ _ before me, T.ori Robinson, Notary Public NamcTand Title ofOfficerl/g., "Jane'Doe.^oiar/Public")"' " """ """ "" Michelle Caruana LORI ROBINSON COMM. #1580372 \ NOTARY PUBLIC-CALIFORNIA f ORANGE COUNTY r 7, 2009 Name(s) of Signer(s) X3 personally known to me D 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 entityjjpjQD_behalf of which the person(s) acte^tfexecutedtRe^kistrument. nd and official seal. SignaJwfB of Nilotary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Labor&Materials'"Bond ; Document Date: 1 1 /14/Q6 ' Number of Pages: 2 Signer(s) Other Than Named Above: John Caruana Capacity(ies) Claimed by Signer Signer's Name: Michelle Caruana D Individual . Corporate Officer - Title(s): President /Secretary RIGHT THUMBPRINT :: OF SIGNER. Top of thumb here D Partner — Q Limited D General . D Attorney-in-Fact D Trustee d Guardian or Conservator D Other: ' • Signer Is Representing: Natures Image, Inc. 31999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toil-Free 1 -800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange ss. On 11/28/06 before me, Lori Robinson, Notary Public , Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared .Tohn LORI ROBINSON COMM.tf 1580372 •£! i NOTARY PUBLIC-CALIFORNIA fiL , ORANGE COUNTY J3 MyComm. Expires JUNE 17, 2009 . Name(s) of Signer(s) IXl personally known to me D 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 persoh(s), or the entityupon behalf of which the person(s) acteoVe1<ecuted theTRSIrument. licial seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Labor & Material Bond-'; -. Document Date:11/14/06 .Number of Pages:. Signer(s) Other Than Named Above: Michelle Caruana Capacity(ies) Claimed by Signer Signer's Name: John Caruana D Individual [X Corporate Officer - Title(s): Vice President D Partner — D Limited D General O Attorney-in-Fact D Trustee D Guardian or Conservator D Other: . RIGHT THUMBPRINT 0 OF SIGNER. Top of thumb here '.Signer Is Representing: Natures Image, •Inc. & 1999 National Notary Association • 9350 De SotoAve., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org.Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 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 . i [ whose address is • hereinafter called "Contractor" and . whose address is • i ; hereinafter called "Escrow Agent." • For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor : On-Site Wetland Mitigation Restoration For Rancho Santa Fe Road North, Contract No. 3907 in the amount of dated . (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by'the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Revised 10/08/03 Contract No. 3907 . Page 42 of 114 Pages Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title FINANCE DIRECTOR Name Signature. Address _ For Contractor: Title Name Signature. Address _ For Escrow Agent: Title Name Signature. Address At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. Revised 10/08/03 Contract No. 3907 ' Page 43 of 114 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City:Title MAYOR Name Signature Address For Contractor:Title Name Signature. Address For Escrow Agent:Title Name Signature. Address Revised 10/08/03 Contract No. 3907 Page 44 of 114 Pages City of Carlsbad Public Works August 10,2006 - . , ' ••';.',/ ADDENDUM NO. 1 /'-'iV1''"- ' * -JJ f ~ RE: ON-SITE WETLAND MITIGATION RESTORATION FOR RANCHO SANTA FE'ROAD NORTH, CONTRACT NO. 3907, BID NO. PWS06-34ENG , , - ;C H Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. . . , • ' This addendum - receipt acknowledged - must be attached -to your Request for Bid'when.your bid is submitted. • . . ' > •.-'/-•,•' (EVIN DAVIS Buyer Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 Bidder's Signature - Contract No. 3907, Bid No. PWS06 31E>JG, Addendum No. \ : — — Pageri 1635 Faraday Avenue • Carlsbad, CA 92008-7314 « (76O) 602-2730 « FAX (76D) 602-8562 ON-SITE WETLAND MITIGATION RESTORATION^'-* 3 -'V- v .,/•-./.;-.'"..''.../.' • '• . FOR - .'• : \ r^o r;'J;"V";' - , RANCHO SANTA FE ROAD NORTH / * tk«,< ^Vr*': - CONTRACT No. 3907; Bid No. PWS06-34ENG v*^'*;<. '. ' • " ' - • - . il r i t \'.''.'•' - '.. ' ' J " * RESPONSE TO RFI RECEIVED AUG. 9, 2006 - ii; ',^v, 1) Notice Inviting Bids: page 7, paragraph 4, states the Contractor shall have either a^Class "A" or C-27 license. Plan sheet 8, " Revegetation Site Work Specifications" 2 "Quality*Assurance "B", states, only a C-27 is required. We can only assume the Specifications take precedence over plan notes. Please advise. -' ""''^^ -^ - ' Response: The specifications, page 7, paragraph 4, are hereby amended'tb'delete the reference to a Class "A" license. . " "'' '\' > ,1 2) Section 2 Scope and Control of Work, page 53, paragraph 2-9 Surveying, sui?pparagraph 2- 9.2 "Survey Services", it states that the Contractor shall employ the.services of a'Surveyor. Typically the use of a Civil Engineer is also acceptable. Please advise. \ ^ /'"",' ^'; ^ , - '...'. • '. ' - ' <>^ ' v s ~ "" I' Response: A Registered Civil Engineer who is licensed to practice surveying will be acceptable. Please note that not all registered civil engineers are licensed to,practice surveying. : ;V l, * '' 3) Section 4 , Control of Materials: Paragraph 4-1 Materials and Workmanship, sub-paragraph 4-4.4, page 61, Test of materials, it states ".....the Agency will bear the cost of testing of locally produced materials and or on-site workmanship...,..". The plans, sheet 9, Note 12, Execution , Paragraph "D" Soils Testing, sub-paragraph 1, states, "All costs of soils tests shall be borne by the Contractor.. Please clarify. Response: The specifications section, Control of Materials, paragraph 4-1 Materials and Workmanship, sub-paragraph 4-4.4, page 61, applies to all testing except for the testing called for in Note 12. D. on Sht. No. 9 of the plan set. , 4) Section 215, Fencing: The bid quantity A-14 calls for 1,000 square feet of Environmental . fencing. Quite frankly we have never seen fence bid by the square foot. Paragraph 215-1 page 92 of specifications, references that the fence is four feet (4') high. Since the fence is not shown on the plans, do we assume the fence is two hundred fifty feet (250') in length? Is the fence one continuous run or broken into individual runs? Response: The unit of SF shown for bid item A-14 Environmental Fencing is incorrect. The unit should be LF. The environmental fencing is to be placed along the east and west sides of the area of work. • Contract No. 3907, Bid No. PWS06-34ENG, Addendum No. 1- '".'.. Page 2 ' '5) Supplemental Provisions to Standard Specifications... Section 300, Earthwork, Section 300- 1 Clearing and Grubbing, sub-paragraph 300-1.3 , page 93, Removal and disposal of materials: " This paragraph references numerous items of work that are to be removed and disposed of, but "are not shown on the plans". Does the City have any information available indicating the number of these thirteen (13) items listed as well as other features which interfere with the work? Response: To the best of our knowledge non of the thirteen (13) items listed are present within the work area. However, it is the contractors responsibility to confirm the conditions of the work area: . ". ' 6) Section 300,-11 Stonework for erosion Control, Sub paragraph 300-11.4 , payment, page 98: Rock protection will be paid for at the Lump Sum contract price bid for rock protection in place. There is no stone work shown on the plans, nor is there a bid item for this work. Response:- There is no stone work shown on the plans, nor is :there a bid item for this .work. . , , . - : . 7) Section 302,. Roadway Surfacing, sub-paragraph, 302-11.4 Measurement and payment, page 102, states that'The asphalt concrete patch and crack sealing are set forth in the bid ., itenv. ". There is no bid item for this work or is this shown on the plans. Response: There is no asphalt concrete patch and crack sealing shown on the plans, 1 nor is there a bid item for this work. 8) Section 306 Underground Conduit Construction, sub paragraph 306-1.6, page 106, states, payment for this work will be made at the contract Lump Sum Price, There is no bid item for this work; nor is the work shown on the plans. . ; \ . Response: There is no underground conduit construction shown on the plans, nor is there a bid item for this work. 9) Plan sheets 2 , Irrigation plan and plan sheet 6, Planting plan , do not contain any original ground contours in the areas to be graded. Are we to assume that the grading will be to a minimal and will not exceed over six inches (6") in depth, cut or fill? If not, how much of an allowance should we calculate that will be "determined by the Engineer"? Pursuant to Specification Section 300 Earthwork sub-paragraph 300-2 Unclassified Excavation, . 300-2-2.1 General, page, 94,: grading for alluvial, overexcavation and recompaction , will not be measured for payment. Is this correct? • Response: The contractor may assume that the grading will be minimal, not exceeding six inches (6-inch) in depth, cut or fill. Grading for alluvial, overexcavation and jecompaction are not anticipated on this project. Should any or all of'these be . necessary they will be measured and paid for as extra work. Contract No. 3907; Bid No. PWS06-34ENG, Addendum No. 1 ' Page 3 SUPPLEMENTAL PROVISIONS FOR ON-SITE WETLAND MITIGATION RESTORATION FOR RANCHO SANTA FE ROAD NORTH CONTRACT NO. 3907 , CITY OF CARLSBAD SUPPLEMENTAL PROVISIONS TO "GREENBOOK" STANDARD SPECIFICATIONS for PUBLIC WORKS CONSTRUCTION 2003 EDITION PART 1, GENERAL PROVISIONS SECTION 1 --TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS Add the following section: 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. Add the following section: 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall.be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. •- Add the following section: 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. Add the following section: 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the Revised 10/08/03 Contract No. 3907 Page 45 of 114 Pages furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Agency - the Gity of Carlsbad, 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. 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 City Engineer of the City of Carlsbad or his/her approved representative. The 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.Jncome 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 Supplemental 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, Construction Management & Inspection -The Construction Manager's immediate supervisor and second level .of appeal for informal dispute resolution. Project Inspector- the Engineer's designated/representative for inspection, contract administration and first level for informal dispute resolution. , ; Construction Manager- the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. . =,.-..;. 1-3 ABBREVIATIONS 1-3.2 Common Usage, add the following: , Abbreviation Word or Words AAW Automatic Air & Vacuum Valve . AB ..Abandon ; .... .. ACB ..'... Articulated Concrete Block ADA ...:. ..Americans with Disabilities Act • Revised 10/08/03 ' Contract No. 3907 Page 46 of 114 Pages o BFM Bonded Fiber Matrix BO ! Blow-off Assembly CMWD Carlsbad Municipal Water District GSSD , Carlsbad Supplemental Standard Drawings cfs '.-.'.'., Cubic Feet per Second E ., Electric .etseq.:. , et sequens - and the following EX Existing ESA..... : Environmentally Sensitive Area FG ; Finish Grade G. ; Gas gal Gallon and Gallons GNV.,... Ground Not Visible •.. . gpm gallons per minute IE... ...Invert Elevation MAR...... Manual Air Release Valve OG Original Ground OHE.. ..Overhead Electric ROW .:....... Right-of-Way S.. :.',„.„• ..Sewer or Slope, as applicable SDRSD ......;. San Diego Regional Standard Drawings SFM. Sewer Force Main SWPPP Strom Water Pollution Prevention Plan T ....Telephone UE ,. ; Underground Electric W Water, Wider or Width, as applicable VWD •...........: : Vallecitos Water District 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 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 the second sentence of paragraph one as follows: Delete, "who is listed in the latest version of U.S. Department of Treasury Circular 570,". Modify paragraphs three and four to read: The Contractor shall provide a faithful perform- ance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred, percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. . Both bonds shall extend in full force and effect and be retained by the Agency during this project until Revised 10/08/03 Contract No. 3907 / . Page 47 of 114 Pages they are released according to the provisions of this section. -• • • • ;: • • • ..- ":.The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer The bonds to secure payment of laborers and materials suppliers shall be released six- months plus 30 days after recordation of the Notice of Completion if all claims have been paid. 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 un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so: 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted; the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by ah 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), 2003 Edition hereinafter designated "SSPWC", as written and promulgated by Joint Cooperative Committee of the Southern California Chapter American Public Works Association and Southern California Districts Associated General Contractors of California, and as amended by the Supplemental Provisions section of this contract. The construction plans consist of one (1) set designated as City of Carlsbad Drawing No: 368-2L and consists of 13 sheets numbered 1, 1A, 1B and 2-11. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public-Works, together with the most recent editions :of the City of Carlsbad Supplemental Standard Drawings, hereinafter designated as GS.SD, as issued by the City of Carlsbad and the Carlsbad Municipal Water District Standard Plans hereinafter designated as CMWDSD, avs issued by the Carlsbad Municipal Water District. Copies of some, of the pertinent standard drawings are enclosed as an appendix to these •.Supplemental .Provisions.,-. . , . ; .... .•;.•' .. «.,.-• •-. '.•• 2-5.1.1 Reference Specifications. Standards listed as, "Reference Specifications" in the various sections of these contract documents are hereby incorporated into this specification by reference. Referenced documents shall include all revisions, amendments, supplements or addenda issued on or before the date of advertising-forbids. .: - .• , . . The Carlsbad Municipal Water District Standards, Reclaimed Rules and Regulations for Construction of Reclaimed Water Mains, and Standard Drawings; latest edition at time of bid receipt, are incorporated into these contract documents by their reference herein and will be enforced'unless superseded by the project specifications or specific details of the contract,documents. .. o Revised -10/08/03 Contract No.-3907 Page 48 of 114 Pages 2-5.2 Precedence of Contract Documents, modify as follows: If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) City of Carlsbad Supplemental Provisions. 3) Plans. . 4) City of Carlsbad Engineering Standards, 2004 Edition. 5) San Diego Regional Standard Drawings 6) State of California Department of Transportation Standard Plans 7) Standard Specifications for Public Works Construction 8) Reference Specifications . 9) Manufacturer's Installation Recommendations Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have precedence over general plans. 2-5.3.3 Submittals, add the following: Each submittal shall be consecutively numbered. Resubrnittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: . ' . . ' • . .• Title: •• Date: Company Name: .• ; • • 2-5.3.3.1 Submittal / 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 and shop drawing number. Submittals and shop drawings without completed Contractor's Transmittal Forms will be returned without review and stamped "REJECTED". A•K Revised 10/08/03 Contract No. 3907 Page 49 of 114 Pages Exceptions and departures from Contract Documents shall be clearly noted, along with justification for each exception or departure. Otherwise, review or approval of submittals,and shop drawings shall not constitute approval of exceptions or departures. Stock or standard drawings will not be accepted for review unless full identification arid supplementary information is shown thereon in ink or typewritten form. Review of submittals shall proceed as follows: ... 1) Submit specified quantity of complete submittals / shop drawings together with Submittal / Shop Drawing Transmittal Forms to the Engineer for review. Fold submittals to approximately 9-inchesby 12-inches. " 2) Submittals will be stamped "NO EXCEPTION TAKEN", "MAKE CORRECTIONS NOTED", "AMEND AND RESUBMIT", or "REJECTED - RESUBMIT". Three copies with letter of trans- mittal will be returned 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;!.. The Submit- tal / Shop Drawing Transmittal Form transmitting revised documents shall show what docu- ments .comprise a resubmittal.. ' r r . V 4) If changes other than those noted by the Engineer are made'on a submittal before resub- mittal, note such changes on resubmittal. ' 5) Revise and resubmit submittals as required, until confirmation of compliance is obtained. 2-5.3.4 Shop Drawings And Product Data Relating to Potable and Recycled Water 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 ^f^. products. Shop drawings shall indicate the location at which products are to be installed, how.equipment ( j 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 Instructions 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 1 manufacturer who can.supply these parts. Index instructions for easy reference. Include jnformation 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. Revised 10/08/03 -.' Contract No: 3907 > Page 50 of 114 Pages Certification of Compliance shall certify materials have been sampled, tested arid 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. 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 within ten (10) days of completion of the work; Payment for performing the work required by section 2-5.4 shall be included in the various bid items and no additional payment will be made therefore. Revised 10/08/03 Contract No. 3907 Page 51 of 114 Pages SUBMITTAL/SHOP DRAWING TRANSMITTAL FORM FROM: '.:•.'.'.' ' ' ' •; "DATE: o PROJECT NAME: Rancho Santa Fe Road North On-Site Wetlands Mitigation TO: City of Carlsbad • . ••• . : PROJECT NO.: Contract No. 3907 Construction Management & Inspector). . OWNER: ATTN: Construction Manager SUBMITTAL NO.: THIS IS AN ORIGINAL THIS IS A REVISION OF SUBMITTAL SUBMITTTAL NO.: SUBJECT OF SUBMITTAL: SPECIFICATION SECTION(S): PLAN SHEET NUMBER(S): CONTRACTOR'S CERTIFICATION: Check & Complete either (A) or (B) below: (A) 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 with no exceptions. _(B) 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 follow- ing deviations: CONTRACTOR'S AUTHORIZED SIGNATURE: Revised 10/08/03 Contract No. 3907 . • Page 52 of 114 Pages 2-7 SUBSURFACE DATA Add the following: A geotechnical investigation of the type of soils to be encountered along the proposed cut area has been performed for the purpose of assisting in the design of the planned improvements. A geotechnical investigation report, dated June 2000, was developed for this project by Geocon, Inc., and is available for review at the City; The Contractor shall be satisfied of the site conditions and be responsible for including any and all costs in his bid to properly construct the project with the existing soil conditions. 2-9 SURVEYING 2-9.1 Permanent Survey Markers, Delete sections 2-9.1 and replace with the following: The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or ,a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the.monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by §§ 8772 and 87/3, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.2 Survey Service, Delete sections 2-9.2 and replace with the following: The Contractor shall hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. Add the following section: . 2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to the requirements of section 2-5.3.3, "Submittals", herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (81/2" by 11") paper. The field notes, calculations and supporting data shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labelled with name of the Surveyor, the party chief, the field crewmembers and the author of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in conformance with the CALTRANS "Surveys Manual". The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with §§ 8700 - 8805 of the State of California Business and Professions Code when Revised 10/08/03 Contract No. 3907 Page 53 of 114 Pages the Surveyor performs any surveying that such map is required under §§ 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure; The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer's review and approval before submittal to the County Surveyor and before submittal to the County Recorder. ' Add the following section: 2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing. Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal locations where the curb is not being built as a part of this contract. Staking and marking shall be completed by the Surveyor and inspected and approved by the Engineer before the start of construction in the area marked. Centerline monument shall have the disk stamped with the date the monument was set and the registration number of the Surveyor. Habitat mitigation sites and other areas to be preserved that are shown on the plans shall be staked arid flagged prior to the start of any other activities within the limits of the work. When curb and gutter does not exist and is not being installed as a part of the project the location of adjacent facilities being constructed as a part of the contract the Contractor shall place stakes defining the horizontal and vertical location of such adjacent utility vaults, poles or other facilities that are being installed as parts of, or adjunct to, the project either by the Contractor and/or those noted on the plans as to be installed by others. TABLE 2-9.2.2(A) Survey Requirements for Construction Staking o Feature Staked Clearing Slope Fence Rough Grade Cuts or Fills > 10m • (331) Final Grade (includes top of: Basement soil, subbase and 'base) , 'Drainage Structures, Pipes & similar Facilities®, © Conduit CD Stake Description CD Lath in soil, painted line on PCC & AC surfaces . RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake, Blue- top in grading area RP + Marker Stake RP + Marker Centerline or Parallel to Centerline Spacing®, ® lath - Intervisible, < 15m (50') on tangents &•< 7.5m (25') on curves, Painted line continuous Intervisible and < 15m (50') < 60. m (200') on tangents, < 15m (50') on curves when R> 300m (1000') & 7.5'm (25') on curves when R< 300m (1000') •' < 15m (50')' • - ' .' < 15 m (50') on tangents & curves when R> 300m (1000') & < 7.5m (25') on curves when R< 300m (1000') .. intervisible & < 7.5m (25'), beginning and end, BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets. & similar facilities, Risers & similar facilities (except plumbing), Skewed cut-off lines < 15 m (50') on tangents & curves when R> Lateral Spacing CD, ® at clearing line Grade Breaks & <7.6 m (251) N/A ( constant offset) - N/A <6.7 m (22') . as appropriate as appropriate Setting Tolerance (Within) 0.3 m (1') Horizontal 30 mm (0.1') Verticals Horizontal. 30 mm (0.11) Horizontal 30 mm (0.11) Verticals, Horizontal 1 0 mm CVe") Horizontal & 7 mm (V) Vertical 1 0 mm (J/e") Horizontal & 7 mm (V) Vertical 10 mm tV) Horizontal Revised 10/08/03 Contract No. 3907 Page 54 of 114 Pages Minor Structure ® Abutment Fill Miscellaneous © Contour Grading © Utilities ®, © • Channels, Dikes • & Ditches © Signs © Subsurface Drains © Overside Drains . © Stake RP + Marker Stake + Line Stake RP + Marker Stake + Line Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake + Line Point +Guard Stake RP + Marker Stake RP + Marker Stake 300m (1000') & < 7.5m (25') on curves when R < 300m (1000') or where grade < 0.30% for catch basins: at centerline of box, ends of box & wings & at each end of the local depression © < 15 m (50') & along end slopes & conic transitions < 15m (50') < 15 m (50') on tangents & curves when R> 300m (1000') & < 7.5m (25') on curves when R < 300m (1000') or where grade < 0.30% intervisible & < 30 m (100'), BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities At sign location intervisible & < 15m (50'), BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities longitudinal location as appropriate as appropriate along contour line as appropriate as appropriate Line point as appropriate At beginning & end & when depth cannot be measured from existing pavement 7 mm ( /4") Vertical . 10 mm CV) Horizontal & 7 mm (V) Vertical (when vertical data needed) 30 mm (0.1') Verticals Horizontal 30 mm (0.1') Verticals Horizontal 10 mm CV) Horizontal & 7 mm (1/4°) Vertical 30 mm (0.1') Horizontal & 7 mm (V) Vertical 30 mm (0.1') Verticals Horizontal 30 mm (0:1') Horizontal & 7 mm (V) Vertical 30 mm (0.1') Horizontal & 7 mm jV) Vertical © Staking for feature may be omitted when adjacent marker stakes reference the offset and elevation of those features , and the accuracy requirements of the RP meet the requirements for the feature ®, Reference points shall be sufficiently durable and set securely enough to survive with accuracy intact throughout the installation & inspection of the features or adjacent facilities for which they provide control. RP means reference point for the purposes of this table <D Perpendicular to centerline. © Some features are not necessarily parallel to centerline but are referenced thereto ©, Multi-plane surfaced features shall be staked so as to provide line & grade information for each plane of the feature • ® > means greater than, or equal to, the number following the symbol. < means less than, or equal to, the number fol- lowing the symbol. .© The cut datum for storm drainage & sanitary sewer pipes & similar structures shall be their invert. The cut datum for all 'other utilities shall be the top of their pipe or conduit. All guard stakes, line stakes and lath shall be flagged. Unless otherwise approved by the Engineer flagging, paint and marking cards shall be the color specified in TABLE 2-9.2.2(6) TABLE 2-9.2.2(8) Survey Stake Color Code for Construction Staking Type of Stake •Horizontal Control Vertical Control Clearing Grading Structure Description Coordinated control points, control lines, control reference points, centerline, alignments, etc. Bench marks Limits of clearing Slope, intermediate slope, abutment fill, rough grade, contour grading, final grade, etc. Bridges, sound and retaining walls, box culverts, etc. Color* White/Red White/Orange ..Yellow/Black Yellow White Revised 10/08/03 Contract No. 3907 Page 55 of 114 Pages Drainage; Sewer, Curb Right-of^Way Miscellaneous Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm drains, slope protection, curbs, gutters, etc. Fences, R/ W lines, easements, property monuments, etc. Signs, railings, barriers, lighting, etc. Blue White/Yellow , Orange * Flagging and marking cards, if used. Add the following section: 2-9.2.3 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; Payment for the replacement of 'disturbed monuments and the filing of records of survey and/or corner records, including filing fees, shall be incidental to the work necessitating the disturbance of said monuments •and no additional payment will be made. '- 2-10 AUTHORITY OF BOARD AND ENGINEER. Add the following section: . -:-'-' .•_ ... ..—.. -~. 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request .... . . , Add the following section: ' . ' '• , 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff .and the staff,of,all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and .make excerpts or transcripts from such data and recorcJs, and .to make audits of all invoices, materials, .payrolls, records of personnel, and other, .data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. , - ,- . - • ,. • ." :•':.-. :• ' •.' •. •. •'•'• ' ; .- . i.'"': ' . •';'; SECTION 3 --CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. Add the following: For changes regarding all improvements, submit written details and reasons for proposed deviations from Contract Documents. Do not deviate from contract documents until written authorization is received. ... 3-2 CHANGES INITIATED BY THE AGENCY. •3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in quantity of a minor bid item in'excess of 25 percent of the original quantity bid the adjustment of contract unit price for such items will be limited to that portion of the change in excess of 25 percent of the original quantity listed in the Contractor's bid proposal for this contract. Adjustments in excess of 25 percent Revised 10/08/03 Contract No; 3907 Page 56 of 114 Pages may, at the option of the Engineer, be paid pursuant to section 3-3, ExtrS Work. 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 and Equipment Rental Rates" published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. 3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) 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 section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for extra 'work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. 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 the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. Revised 10/08/03 Contract No. 3907 Page 57 of 114 Pages The potential claim shall include the following certification relative to the California False Cjaims 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." . : Bv: ' . . '.'' - '•'..• . - .'. . . •' .. ',. . 'Title: ..'.. . ...'-'..'' ' Date: ' , Company Name: The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. ..It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the 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 claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. . Delete .second sentence of paragraph one and add the following: Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer, Construction Management & Inspection 4. City Engineer ."•'•'•"• •-•••. 5. City Manager t • , - . . :; , The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the C0ntfactor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of'said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. • , Am¥ Revised 10/08/03 " Contract No. 3907 . ..• Page 58 of 114 Pages o All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104.. (a)(1) This article applies to ail 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 1 0240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means, a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, .or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. '.. . . ' (b)(1) For claims of .less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting. the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt .of the local agency's response or within 1 5 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 Revised 10/08/03 • Contract No. 3907 . Page 59 of 114 Pages meet and confer conference within 30 days for settlement of the dispute: (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. ' . / , -•' '-'• (f) This article does not apply to tort claims and nothing in this• article is intended nor shall be construed to change the time periods .for filing tort claims or actions specified <by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. •'">. • 20104.4. The following procedures are'established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as'mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time* requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period/any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with' Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing "with'Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicialarbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and,-upon stipulation of the parties^ mediators and arbitrators shall be paid necessary and reasonable hourly rates'of.pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause", determines a-different division. In no event shall these fees or expenses be paid by state or county funds! • (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3-of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de ndvo 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: '•"'' : - . - • v. '• : . •.•••••:;•.•-..>.• ^ • SECTION 4 - CONTROL OF MATERIALS 4-1 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. Such free and safe.access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety A -•^ Revised 10/08/03 Contract No. 3907 Page 60 of 114 Pages of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. Notify Engineer of time and place of shop tests 5 working days before they begin. Complete manufacturing operations, checks, adjustments and tests before factory inspection. The Engineer will inspect products after delivery and throughout construction process. .Products will be subject to rejection at any time on account of failure to meet Contract Documents even though samples may have been accepted as satisfactory at place of manufacture. Before backfilling, request inspection by the Engineer to verify proper installation of buried work. Before finishing, request inspection by the Engineer to verify that no surfaces to receive product have defects or errors which could result in poor or potentially defective application or cause latent defects in workmanship 4-1.4 Test of Materials, delete the phrase, "and a reasonable amount of retesting", from the third sentence of the first paragraph. . add the following: Except as specified in these Supplemental Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or. for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1 .5 Certification. Add the following: A Certificate of Compliance shall be furnished prior to the use of the materials being certified. The certificate shall be signed by the manufacturer of the material or the manufacturer of assembled materials and shall state that the materials involved comply in all respects with the requirements of the specifications. A Certificate of Compliance shall be furnished with each lot of material delivered to the work and the lot so certified shall be clearly identified in the certificate. The form of the Certificate of Compliance and its disposition shall be as directed by the Engineer. 4-1.6 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, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. Revised 10/08/03 Contract No. 3907 Page 61 of 114 Pages Add the following section: . -.-••• . ;. ..,••• 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. -.- •'••-. _. _ . ' • - _ >• _ - - •/*' i The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle,-, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials, shall be delivered to the site of the work only during working hours, as defined in section 6-7,2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the: limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. ' " ' SECTION 5 -- UTILITIES 5-1 LOCATION. _" Delete the. first paragraph and substitute 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 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 conformance with section' 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor,- the Contractor shall place-all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, 'may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional compensation wiir be allowed therefore or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. , 5-6 COOPERATION The Contractor should expect to coordinate with the Lake San Marcos Dam administration during the time frame this project is under way. Should the Rancho Santa Fe Road Nprtrt Phase 2 contract still be ongoing during the time frame the wetlands mitigation restoration work is started, the contractor will need to coordinate with FCI, the contractor on the road project. ' - - •••'' r - Revised 10708/03 Contract No. 3907 ••• Page 62 of 114 Pages SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete section 6-1 and substitute the following: Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within 15 calendar days after receipt of the "Notice to Proceed". Add the following section: 6-1.1 Measurement And Payment Of Construction Schedule. The Contractor's preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefore. 6-2 PROSECUTION OF WORK. Add the following section: * 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. The work includes planting and irrigation with supporting earthwork within San Marcos Creek. The work is necessary to implement the wetlands mitigation restoration plan for Rancho Santa Fe Road North realignment and widening. The work shown on Drawing No. 368-2L is located under and around the new bridge construction for Rancho Santa Fe Road North Phase 2 in the City of Carlsbad. The timing for this work shall be coordinated with the construction management & inspection division of the City of Carlsbad and the contractor for the Phase 2 project. Add the following section: 6-2.3 Project Meeting. Progress meetings shall be held by the Engineer at the dates and times scheduled at the preconstruction meeting unless changes are agreed to by all parties and appropriate notification of such changes has been given. The meetings shall be attended by the Engineer and the Contractor's representative. When requested by the Engineer or the Contractor, subcontractors and others shall also attend. At each meeting, the Contractor shall provide the Engineer with a two-week "look ahead" bar chart schedule showing activities to be performed in the following two weeks. No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings, or for providing the two- week look ahead schedule, will be made. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.3 Payment for Delays to Contractor. Add the following: The Contractor will not be compensated for damages incurred due to delays associated with impacts to sensitive habitat as required by the resource agency permits and the HCP. The Contractor is directed to Section 7-5.1 /v•^ Revised 10/08/03 Contract No. 3907 Page 63 of 114 Pages and Section 7-5.2 of these Special Provisions. 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 caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means: Should the Contractor fail to provide the notice(s) required^by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. ... 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work , to completion within 31 5 working days after the starting date specified in the Notice to Proceed. This time frame shall include the 120 day maintenance, 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. . .: , • , '•''--.. , ' . No work involving vegetation, removal within the stream shall be performed ,by the contractor between •Marcri 15 to July 31 to avoid impacts to nesting birds. The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule required by section 6.1. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section. 6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following: The Engineer will not, accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such -certification by the' Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause, a "Notice of Completion" to be filed in the office of the San Diego. County Recorder. The date of recordation shall be the date of completion of the Work. . - . ;-; Delete the first sentence of the third paragraph and substitute the following two sentences: All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced -by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. • ' ' 6-9 LIQUIDATED DAMAGES. Revised 10/08/03 Contract No. 3907 Page 64 of 114. Pages 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 completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of Five Hundred Dollars ($500.00). Execution of the Contract shall constitute agreement by the Agency and Contractor that Five Hundred Dollars ($500.00) per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES No equipment storage or material storage shall be allowed within areas designated on plans as HCP areas or ESA areas. No equipment storage or material storage shall be allowed outside of areas to receive grading or improvements. Add the following: The Contractor's equipment shall adhere to the following requirements: 1) Engine idling of equipment while waiting to load or unload equipment or materials shall be no longer than 10 minutes. If a piece of equipment is anticipated to be waiting to load or unload equipment or materials more than 10 minutes, the engine shall be turned off until the piece of equipment is scheduled be moved. 2) Obstruction of through traffic lanes from construction equipment or activities shall be kept to a minimum. 3) All on-site construction equipment shall receive low-NOx-emmision tune-ups at a minimum of ninety (90) days. 4) The Contractor shall provide rideshare incentives for construction personnel. The Contractor shall provide to the Engineer proof that such a program is in place. 5) The Contractor shall avoid material blow-off from hauling vehicles with the use of covers and/or tarps on all vehicles hauling dirt or spoils on public roadways. 6) The Contractor shall use low sulfur fuel (0.5% by weight) for construction equipment. 7) Contractor's stationary equipment shall be placed such that emitted noise is directed away from sensitive noise receivers such as residential areas. 8) Contractor's vehicle staging areas shall be located as far as practical from occupies dwellings. o Revised 10/08/03 Contract No. 3907 Page 65 of 114 Pages 9) Contractor's equipment, including trucks used for hauling roadbed material, shall have exhaust and muffler systems in compliance with state standards for emission and noise control. . ."•••'*• : . 7-3 LIABILITY INSURANCE. Add the following: The Contractor, by entering into a contract with: the City of Carlsbad'(City) for Rancho Santa Fe Road North On-Site Wetlands Mitigation certifies and guarantees to the City that the insurance which the Contractor furnishes for the contract will provide for the following in addition to the requirements of the City: -••"•- ~ •- The Contractor shall hold harmless, indemnify and defend the City of Carlsbad and their consultants^ and each of its officers, agents and employees from any and all liability, claims, losses or damage arising out of or alleged to arise from the Contractor's negligence in the performance of the work described in the construction contract documents, but not including liability that may be due to the sole negligence of the City of Carlsbad or their consultants, or its officers, agents and employees. Furthermore, the Contractor shall provide comprehensive/commercial general liability insurance, including completed operations and contractual liability, with the latter coverage sufficient to insure the contractor's indemnity, as above required; and, such insurance will include the City,of Carlsbad, their consultants, and each of its officers, agents, and employees as additional insureds. 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. ., Delete the first sentence and add the following four sentences: Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for.all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no .additional compensation will be allowed therefore. , ;. ..... Payment for obtaining and complying with permits during construction, including, but not limited to, NPDES permits, building permits, encroachment permits, excavation permits, drilling permits, blasting permits, disposal permits, temporary easements, licenses, inspection fees, and Federal, State and local taxes will be included in prices bid for work for which such costs, are appurtenant. Payment for coordinating with agencies, developers, utilities, events and persons described will be included in prices bid for work to which coordination is appurtenant. Revised 10/08/03 Contract No. 3907 ; Page 66 of 114 Pages 7-5.1 Resource Agency Permits. Resource agency permits for the Work are included in Appendix 'B' of these supplemental provisions and shall be readily available at worksites at all times during periods of active work. The Contractor shall provide a copy of all agency permits to all on site employees and subcontractors. Resource agency permits pertaining to this project include: 1) California Department of Fish and Game permit number SAA #5-142-00 issued in May 2001. 2) California Water Quality Control Board permit number OOC-045 issued on January 8, 2001. 3) United States Army Corps of Engineers permit number 200001251 issued on August 24, 2000. the Contractor shall read Appendix 'B' in its entirety prior to initiation of work and require that all employees and subcontractors read Appendix 'B' in its entirety. Specific requirements per the permits in Appendix 'B' are included in these specifications. However, meeting all conditions of the specifications does not relieve the responsibility of the Contractor to comply with the conditions of the permits and ensure that all appropriate permit conditions are implemented as intended. 7-5.2 Federal, State and Local Permits. The Contractor shall obtain, pay for, and comply with required permits, licenses, work permits and authorizations from appropriate agencies, including the following: 1) State and federal permits a. Excavation Permit from CalOSHA b. Safety Permit from California Division of Industrial Safety The Contractor shall have these permits on-hand (i.e. issued by the regulatory agency) prior to commencement of construction. . 7-6 THE CONTRACTOR'S REPRESENTATIVE •t -•>-••' " ' v Add the following: . - The Contractor shall provide a letter identifying Contractor's on-site representative, safety officer, and traffic control coordinator, including emergency telephone numbers and signature authorization, and listing names, addresses and telephones for subcontractors. 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 Cleanup 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 work that they are associated with and no additional payment will be made therefore. 7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a Revised 10/08/03 ' ' Contract No. 3907 .' Page 67 of 114 Pages construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other, work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. ! 7-8.6 Water Pollution Control. Add the following: Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number 99-08-DWQ, National Pollutant Discharge 'Elimination System (NPDES) General Permit Number CAS'000002', Waste Discharge'Requirements '(VyDR's) fpr Discharges of Stdrmwater Runoff associated with Construction Activity (General Permit) arid subsequent adopted modifications and with all requirements of the Storm" Water Pollution Prevention and Monitoring Plans for this project in accordance with .these regulations. ', 7-8.7 Drainage Control. Add the following: Storm water management operations shall be conducted •and maintained as needed to prevent .runoff or seepage from .entering excavations and to control , erosion in cbnformance-with Federal, State and local regulations. . 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 and similar ordinance in the City of San Marcos. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS Add the following: Where connections or disruptions have. been made to existing work, repair, reactivate, refill and recharge components, restoring them to preconstruction conditions. Follow procedures of authorities having Ownership or jurisdiction for work involving existing utilities and services:" .:.:•• , • . • ;.;-• • ' ' . .•. '.: •. '. / • • ••:••'•.(.•••':•'•' 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access, add the following: The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash'hauling 'schedule can be obtained by calling the City of Carlsbad's contracted waste disposal company, Coast Waste Management at (760)929-9417. '' • '-:• Seventy-two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified: For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The notification shall be hand: delivered and shall state the date arid tirne the work will begin and its anticipated duration. The notification shall 'list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24-hour number answered: by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine ^-^ shall not be connected to either number. The notification shall also give a brief description of the (^ ) Revised :10/08/03 Contract No. 3907 , 'Page 68 of 114 Pages work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. In addition to the notifications, the contractor shall post no parking signs 48 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 48 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 48 hours in advance of the rescheduled work. . The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. 7-10.2 Storage of Equipment and Materials in Public Streets, add the following. Storage yard description shall describe Contractor's proposed methods for dust and noise control in storage areas to satisfaction of the Engineer. It is the Contractor's responsibility to secure and provide a staging area (storage yard) for materials and equipment. Property owner's written approval of storage yard shall be submitted along with City of Carlsbad or City of San Marcos Planning Department permit for use of property used as storage yard for project. The Contractor shall conform to setbacks and other conditions required by City, Districts or County regulations or permits. . Storage yard shall be fenced. 7-10.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in accordance with the plans, Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement and these Supplemental Provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to.its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. Add the following section: 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of section 214-5.Let seq. All temporary reflective channelizers shall conform to the provisions of section 214- 5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to section 210-1.6for materials and section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. • - Revised 10/08/03 Contract No. 3907 Page 69 of 114 Pages Stationary'signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during l\ such periods that their message does not pertain to existing conditions. Care shall be. used in v_v performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without1 the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded .from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the. provisions in section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone.sleeves as specified in CALTRANS "Standard Specifications", except the sleeves shall be 180 mm (7") long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any section closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 1.8 m (6') of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at;not less than 7.6 m (25') intervals to a point not less than 7.6 m (25') past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shaH be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer. Add the following section: 7-10.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer than six (6) feet, nor operate equipment within six (6) feet from any traffic lane occupied by traffic. For equipment the six (6) 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 specific to'.the time, duration and location of such waiver, when such reduction is shown on.the traffic control plans included in these contract documents, when such reduction is shown on the traffic control plans prepared by the Contractor and approved by the Engineer or for the work of installing; maintaining and removing traffic control devices. As a condition of such waiver 'the Engineer may require .the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers. , :-<"• • • • •• •..•;- , .-; •". " During the entire construction, a minimum of one (1) paved traffic lane, not less than twelve feet (12') wide, shall be open for use bypublic 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 or pedestrian walkways in accordance with the details shown on the plans, Federal Highway Administration (FHWA) Manual on Uniform Traffic-Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement and provisions under "Maintaining Traffic" elsewhere in these Supplemental Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Revised 10/08/03 '• • Contract-No. 3907 - Page70 of. 114 Pages Engineer, within the limits of the right-of-way. _ Add the following section: 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic shall be controlled with lane closures, as provided .for under "Traffic Control System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until the Contractor has submitted its plan to the Engineer and has received the Engineer's written approval of said plan. Add the following section: 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construction activities that are located within the travelled way. The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The Contractor must submit the TCP for the Engineer's review in conformance with the requirements of section 2-5.3, et seq. and obtain the Engineer's approval of the TCP prior to implementing them. The minimum 20-day review period specified in section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer's review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the travelled surface differs from the finished pavement elevation vertical curves must also be shown. Such modifications, supplements and/or new design of TCP shall meet the requirements of the Engineer and Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement and these Supplemental Provisions.. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California. The Engineer shall be the sole judge of the suitability and quality of any such modifications, supplements, and/or new designs to TCP. The Engineer may approve any such modifications, supplements, and/or new designs to the TCP when, in the Engineer's sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the registered professional engineer retained by the Contractor will be beneficial to the best interests of the Agency. Such modification, addition, supplement, and/or new design shall not be implemented'and no work shall be commenced that is contingent on such approval until the changed TCP are approved by the Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of section 2-5.3 Shop Drawings and Submittals. Add the following section: . 7-10.3.7 Payment. The Contractor shall prepare and implement traffic control plans and shall furnish all labor and materials to perform, install, maintain, replace and remove all traffic control as incidentals to the work with which they are. associated and no other compensation will be allowed therefore. Add the following: 'Revised 10/08/03 Contract No. 3907 Page 71 of 114 Pages 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 properly maintain at all times, as required by the conditions and progress of the work, all necessary" safeguards for the protection of workers and public,:and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling:materials. ;< • • -.-••--. "'*!-- ' , '_"'•', . ' ''./'.'' ' ' ' '' , • ' '" ' 7-10.4.5 Compliance With State Safety Codes. All necessary machinery guards, railings, and other protective devices shall be provided as specified and/or required by the State of California Division of Industrial Safety and the Occupational Safety and Health Administration. It is assumed that all fabricators, electrical and machinery manufacturers and other equipment suppliers are conversant with such regulations and they shall be responsible for the industrial safety aspects of such equipment. All equipment shall comply with all rules and regulations of the Safety Orders of the State of California Division of Industrial Safety and all local building, plumbing, and electrical codes and ordinances. Safety guards shall be galvanized and painted after fabrication and shall'be easily removed to permit inspection, removal'and repair of the moving parts. 7-10.4.6 Fire Control; Fire danger shall be minimized at and hear construction site. Protect surrounding private property from fire damage resulting from construction operations. 7-10.4.7 Responsibility For Job Site Conditions. Contractor agrees that he shall assume sole and complete responsibility for job site conditions during the course of construction of this project, including safety of all persons and property; that this requirement shall apply continuously and not be limited to normal working hours; and .that the Contractor shall defend, indemnify and hold the City and the design consultant harmless from any and all liability except for that arising from the sole negligence of the City. /***\ It is the Contractor's sole responsibility to protect the safety of employees from construction-related conditions or activities. - '•":-•'!•. ~ •• •••-••• 7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work include Chapter 15.16 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. ' • ' / SECTION 9 - MEASUREMENT and PAYMENT 9-1 .MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK ^ 9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be the U.S. Standard Measures. 9-3 PAYMENT. 9-3.1 General. Delete the eighth paragraph and substitute the, following: Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion" _^^ A•^ Revised TO/08/03 Contract No. 3907 Page 72 of 114 Pages 9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following: Each month, the Engineer will make an approximate tmeasurement 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 the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons, why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. • • -. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items, and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in subsection 9-3.2 shall be Revised 10/08/03 Contract ,No. 3907 Page 73 of il4 Pages submitted no later than 30 days, after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. ; . The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the .responsibility of the Contractor to furnish, within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient-cause for denying the claims. , . : - . . •• , . . ...= Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those claims remaining in dispute. ... Add the following section: . ; , . • 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered .but not incorporated into the work will not be included in the progress estimate. Add the following section: , • r ? ••-••.••.•• ..•••.. 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be made at the stipulated lump-sum price bid therefore in the bid schedule. The Contract lump-sum price paid for. mobilization and preparatory work shall not exceed twenty thousand dollars ($20,000.00) and includes full compensation for furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incidentals, and for doing all the work involved in mobilization and preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment^ supplies, and incidental to preparing to conduct work on and 'off the project site and other offsite facilities necessary for work on the project; for all other facilities, sureties, work and operations which must be performed or costs incurred prior to beginning work on various contract items on or off the project site, excepting those specifically paid for under separate sections of these specifications. The Contractor hereby agrees that the stipulated lump sum amount is sufficient for Mobilization and Preparatory Work, as described in this section, and that the Contractor shall have no right to additional compensation for Mobilization and Preparatory Work. Progress payments for Mobilization and Preparatory Work will be made as follows: ' For the first progress payment (after the issuance of the Notice to Proceed), forty percent (40%) of the amount bid for Mobilization And Preparatory Work will be allowed. For the second progress payment, an additional sixty percent (60%) of the amount bid for mobilization and preparatory work will be allowed therefore. • . ^ ,"• Revised 10/08/03 . Contract No. 3907 Page 74 of 114 Pages SUPPLEMENTAL PROVISIONS TO "GREEN BOOK" STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 200 - ROCK MATERIALS 200-1 ROCK PRODUCTS Add the following section: 200-1.2.2 Permeable Material. Permeable material shall consist of hard, durable, clean sand, gravel, or crushed stone, and shall be free from organic material, clay balls, or other deleterious substances. Class 1 and Class 2 permeable material shall have a Durability Index of not less than 40. Class 2 Permeable material shall have a Sand Equivalent value of not less than 75. Class 1 permeable material shall conform to the requirements in this section and Table 200-1.2.2(A). Class 2 permeable material shall conform to the requirements in this section and Table 200-1.2.2(8). When permeable material is required and the class or kind is not specified, Class 1 permeable material shall be used. The alternative gradings within Class 1 permeable material are identified by types. Unless otherwise shown on the plans the Contractor will be permitted to furnish and place any one of the types provided for this class. The percentage composition by mass of permeable material in place shall conform to the gradings in Tables 200-1.2.2(A) and 200-1.2.2(8). TABLE 200-1.2.2(A) CLASS 1 PERMEABLE MATERIAL Sieve Sizes 50-mm (2") 37.5-rnm(11/2") 19-mm(3/4") 12.5-mm(1/2") 9.5-mm {V) 4.75-mm (No. 4) 2.36-mm (No. 8) 75-um (no. 200) Percen Type A — — 100 95-100 '70-100 0-55 0-10 0-3 tage Passing Type B 100 95-100 50-100 • 15-55 0-25 0-5 0-3 TABLE 200-1.2.2(8) CLASS 2 PERMEABLE MATERIAL Sieve Sizes Percentage Passing 25-mm(1") 19-mm(3/4") 9.5-mm (J/8") 4.75-mm (No. 4) 2.36-mm (No. 8) 600-um (No. 30) 30f>um (No. 50) 75-urn (no. 200) 100 90-100 40-100 25-40 18-33 5-15 0-7 0-3 Revised 1.0/08/03 Contract No. 3907 Page 75 of 114 Pages 200-1.5 SAND ; add the following: 200-1.5.6 Sand for Rip-Rap Energy Dissipator. Sand for Rip-Rap Energy Dissipator shall conform to the requirements of Section 200-1.5.5 of the Standard Specifications for Portland cement concrete. ' ' ' '• 200-2 UNTREATED BASE MATERIALS 200-2.1 General. Add the following: Aggregate base shall be Class 2 Aggregate Base per Caltrans Standard Specification, July 1999, Section 26: Aggregate Bases, Subsection 26-1.02A Class 2 Aggregate Base and as specified herein. Add the following section: " ;1 200-2.7 Class 2 Aggregate Base. Aggregate for Class 2 aggregate base shall be free from organic matter and other deleterious substances, and shall be of such nature that it can be compacted readily under watering and rolling to form a firm, stable base. Aggregate may include material processed from reclaimed:asphalt concrete, portland cement concrete, lean concrete base, cement treated base or a combination of any of these materials. , • , .-:.- . Aggregate shall conform to the grading and quality requirements shown in the following tables. At the.option of the Contractor, the grading for either the 11/2-inch maximum or 3/4 inch maximum shall be used, except that once a grading is selected it shall not be changed without the Engineer's written approval. . . '.;'.' AGGREGATE GRADING REQUIREMENTS -.-.'• Percentage Passing - ' 11/2" Maximum 2/4" Maximum Sieve Sizes 2" 11/2" • "• " .i" ' ; ":...:...: 3/4" .NO. 4 .: No 30 .. ...." No. 200 . :...:......: Operating . .' . Range 100 90-100 •50-85 - 25-45 10-25 2-9 Operating Range 100 : ' ... - 90-100 - ...-•..:.-.. 35-60 10-302-g • • - -'...- QUALITY REQUIREMENTS . Operating ' ^ • . ; Tests Range - Resistance (R-value) 78 Min. • • Sand Equivalent 25 Min. ' Durability Index 35 Min. " " ' ..... The aggregate shall not be treated with lime, cement, or other chemical material before the Durability Index test is performed. ... . ... If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Operating Range" but meet the "Contract Compliance" requirements, placement of the aggregate base may be continued for the remainder of that day. However, another day's work may not be started until tests, or other information, indicate to the satisfaction of the Engineer that the next material to-be used in the work will comply with the requirements specified for "Operating Range." ..... If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Contract Compliance," the aggregate base which:is represented by these tests shall be removed. However, if requested by the Contractor and approved by the .Revised 10/08/03 Contract No: 3907 Page 76 of 114 Pages Engineer, the aggregate base may remain in place and the Contractor shall pay to the City $2.25 per cubic yard for such aggregate base left in place. The City may deduct this amount from any moneys due, or that may become due, the Contractor under the contract. If both the aggregate grading and Sand Equivalent do not conform to the "Contract Compliance" requirements, only one adjustment shall apply. No single aggregate grading or Sand Equivalent test shall represent more than 500 cubic yards or one day's production, whichever is smaller. SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE TABLE 201-1.1 ;.2(A) Modify as follows: TABLE 201-1.1.2(A)(3) PORTLAND CEMENT CONCRETE Type of Construction All Concrete Used Within the Right-of-Way Trench Backfill Slurry Street Light Foundations and Survey Monuments Traffic Signal Foundations Cojicreted-Rock Erosion Protection Concrete Class 330-C-23 (560-C-3250) (1) 115-E-3 (190-E-400) 330-C-23 (560-C-3250) 350-C-27 (590-C-3750) 310-C-17 (520-C-2500P) Maximum Slump mm (Inches) (2) 200 (8") 100 (4") 100 (4") per Table 300-1 1.3.1 (1) Except that concrete required to be of higher strength by Table 201-1.1.2(A) SSPWC shall be as per Table 201-1.1.2(A) SSPWC. (2) As per Table 201-1.1.2(A) SSPWC. (3) Portions of Table 201-1.1.2(A) of the Standard Specifications for Public Works Construction not shown herein as changed are not affected by this table. SECTION 204 - LUMBER AND TREATMENT WITH PRESERVATIVES 204-1 LUMBER AND PLYWOOD TABLE 204-1.2(A) add the following: TABLE 204-1.2(A) USES Headers for bituminous pavement up to 50 mm x 100mm (2"x4") Headers for bituminous pavement larger than 50 mm x 100 mm (2"x4") GRADES Construction grade Redwood or preservative treated construction grade Douglas Fir Number 1 grade Redwood, or preservative treated number 1 grade Douglas Fir Revised 10/08/03 Contract No. 3907 Page 77 of 114 Pages SECTION 206-MISCELLANEOUS METAL ITEMS Add the following section: ' ''•"".•'"' " J •—' 206-7 TRAFFIC SIGNS. V Add the following section: . . ... 206-7.1 Permanent Traffic Signs Permanent traffic signs shall consist of. 10-gage and 12-gage cold-rolled steel perforated tubing. This includes all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic upon the completion of the Work unless otherwise shown on the plans. ' ; Add the following section: ."'."'". 206-7.1.1 General. Materials, legend, proportion, size, and fabrication of all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall conform to the requirements of "SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993", Sheets 1 through 5 that accompany "SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993" of dimensions and details, dated April 1987, and "OPAQUE COLOR CHART", dated February 1980, all published by the State of California, Department of Transportation, Division of Procurement Services, Office of Material Operations, 1900 Royal Oaks Drive, Sacramento, CA 95819 and as modified herein. Where the "SPECIFICATION FOR REFLECTIVE SHEETING SIGNS, October 1993" require the Contractor or supplier to notify the Department of Transportation or to certify compliance to said SPECIFICATIONS, to provide a quality control program or to allow testing, approval, observation of manufacturing or assembly operations by the State of California, Department of Transportation and/or its employees or officials, such rights shall be vested in the Engineer. ' . "' . . . ; Add the following section: • - • 206-7.1.2 Sign Identification. Modify the "SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993" as follows: Sign identification shall be as per "SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993", except that the notation shall be "PROPERTY OF THE CITY OF CARLSBAD". Add the following section: ... 206-7.1.3 Drawings. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as follows: Standard signs shall be as per the most recently approved "Approved Sign Specification Sheets" of the State of California, Department of Transportation. The date of approval shall be the date most closely preceding the date of manufacture of the sign(s) or the date of the "Notice to Proceed" of this contract, whichever is most recent. , Add the following section: 206-7.1.4 Reflective Sheeting. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as follows: All advisory signs, warning signs and all regulatory signs shall be fabricated with Type III encapsulated lens sheeting conforming to the requirements of this specification. Add the following section: 206-7.1.5 Substrate. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as follows: All. permanent traffic signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall use aluminum substrate. Add the following section: 206-7.1.6 Mounting Traffic Signs. Traffic signs shall be installed on 10-gage or 12-gage cold- rolled steel perforated tubing posts as shown on San Diego Regional Standard drawing M-45 or, when the sign area exceeds the maximum area allowed for on that drawing, on multiple 10-gage or Revised 10/08/03 Contract No. 3907 Page 78 of 114 Pages 12-gage cold-rolled steel perforated tubing posts. The number of posts shall be determined by the parameters in SDRS drawing M-45 or as approved by the Engineer. Traffic signs will be provided with back braces and mounting blocks as approved by the Engineer consisting of 10-gage or 12-gage cold-rolled steel perforated tubing when multiple posts are used. Add the following section: 206-7.1.6 Traffic Sign Posts. Posts shall be constructed of 10-gage or 12-gage cold-rolled steel perforated tubing posts as shown on San Diego Regional Standard drawing M-45. Add the following section: 206-7.2 Temporary Traffic Signs. Temporary traffic signs shall consist of all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic during the Contractor's performance of the Work. Temporary traffic signs include both stationary and portable signs. ' . . Add the following section: 206-7.2.1 General. Materials, legend, proportion, size, and fabrication of all temporary traffic signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall conform to the requirements of "Specifications For Reflective Sheeting Signs, October 1993", Sheets 1 through 5 that accompany "Specifications For Reflective Sheeting Signs, October 1993" of dimensions and details/dated April 1987, and "OPAQUE COLOR CHART", dated February 1980, all published by the State of California, Department of Transportation, Division of Procurement Services, Office of Material Operations, 1900 Royal Oaks Drive, Sacramento, CA 95819 and as modified herein. Where The "Specification For Reflective Sheeting Signs, October 1993" require the Contractor or supplier to notify the Department of Transportation or to certify compliance to said "Specifications For Reflective Sheeting Signs, October 1993", to provide a quality control program or to allow testing, approval, observation of manufacturing or assembly operations by the State of California, Department of Transportation and/or its employees or officials, such rights shall be vested in the Engineer. • Add'the following section: 206-7.2.2 Drawings. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as follows: Standard temporary traffic signs shall be as per the most recently approved "Approved Sign Specification Sheets" of the State of California, Department of Transportation. The date of approval shall be the date most closely preceding the date of manufacture of the sign(s) or the date of the "Notice to Proceed" of this contract, whichever is most recent. Add the following section: 206-7.2.3 Reflective Sheeting. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as follows: All advisory signs, warning signs arid all regulatory signs shall be fabricated with Type III encapsulated lens sheeting conforming to the requirements of this specification. Add the following section: 206-7.2.4 Substrate. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as follows: Excepting only construction warning signs used at a single location during daylight hours for not more than five (5) consecutive days, all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall be stationary mounted and shall use aluminum substrate. Add the following section: - 206-7.2.5 Stationary Mounted Temporary Traffic Signs. Stationary mounted temporary traffic signs shall be installed on 10-gage and 12-gage cold-rolled steel perforated tubing posts in the same manner shown on the State of California, Department of Transportation "Standard Plans" 1995 vRevised 10/08/03 Contract No. 3907 Page 79 of 114 Pages edition standard plans numbers RS1, RS2, RS3 and RS4 for installation, of roadside signs, .except as follows: , -. , -.. '-.••;• '• '.••••• ;> a) Wood posts shall not be used. . . b) Back braces and blocks for sign panels will not be required. , v c) The height to the bottom of the sign panel above the edge of traveled way shall be at least 2.1 m(7'). d),Unless otherwise shown on the plans traffic.sign posts shall conform in materials and installation to SDRS drawing M-45 and shall have one post provided for each 0.48 m2 (5 ft2)of sign area, or the signs may be installed on existing lighting standards when approved by the Engineer. :- e) Sign panels mqunted-on temporary traffic sign posts shall conform to the requirements specified for aluminum signs in the "Specifications For Reflective Sheeting Signs, October • ' ' '•'• .1993". .•,.' .,•' •-.. . . ..;; ,. . ' • ....'• "• , ' .: .'/.. '. . , Add the following section: 206-7.2.6 Temporary Traffic Sign Posts. Posts shall be 10-gage or 12-gage cold-rolled steel perforated tubing used for. the support and,.stabilization of stationary mounted temporary signs. Post size and number of posts shall be as shown on the plans, except that when stationary mounted, signs are,installed and the type of sign installation is not shown on the plans,:post size and the number of posts will be determined .by the. Engineer. Sign panels for stationary mounted signs shall consist of reflective sheeting applied to.a sign substrate. . • . . . , Add the following section: : 206-7.2.7 Portable Temporary Traffic Signs. Each portable temporary traffic 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 the "Specifications For Reflective Sheeting Signs, October 1993, or shall be cotton drill fabric, flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be used during the hours of darkness. Size, color, and leg- end requirements for portable signs shall be as described for stationary mounted sign panels in section 206-7.2 of these Supplemental Provisions. The height to the bottom of the sign panel above the edge of traveled way shall be at least 0.3-m (12"). All parts of the sign standard or framework shall be finished with 2 applications of orange enamel which will match the color of the sign.panel background. Testing of paint will not be required. .• •• . ,. ., ,: . Add the following section: . , .... •.. • - • .-.;i: .--:. 206-8 LIGHT GAGE STEEL TUBING AND CONNECTORS. Add the following section: 206-8.1 General. This Section pertains to 10-gage and 12-gage cold-rolled steel perforated tubing used for the support and stabilization of signs. All shapes shall have a galvanized finish and shall be cold-roll-formed steel conforming to ASTM Designation A-446, Grade A. Galvanizing shall conform to ASTM A-525, Designation G-90. Galvanizing shall be performed after all forming and punching operations have been completed. Cold-rolled steel perforated tubing shall be perforated on all four faces with 11mm (7/16") holes on 25 mm (1") centers. . . •• •. •'•.-.-, Add the following section: . • ,: • " ,: . ; . 206-8.2 Tolerances. Wall thickness tolerance shall not exceed +0.28 mm, -0.13 mm (+0:01 i", -0.005"). Convexity and concavity measured in the center of the flat side shall not exceed a tolerance of +0.25 mm (+0.010") applied to the specific size determined at the corner. Straightness tolerance variation shall not exceed 1.6 mm in 1 m (1/16." in 3'). Tolerance for corner radius is 4;0mm (5/32"), plus or minus 0.40 mm (1/64"). Weld flash on corner-welded square tubing shall permit 3.60 mm ^n^ (9/64") radius gage to be placed,.in the corner. Using 10-gage or 12-gage square tube, consecutive ( J *%Revised 10/08/03 Contract No. 39.07 , - Page 80 of 114 Pages size tubes shall telescope freely for 3.1m (10'). Tolerance on hole size is plus or minus 0.40 mm (1/64") on a size. Tolerance on hole spacing is plus or minus 3.2 mm in 6.1 m (1/8" in 20'). In addition, for the following specific sizes of light gage steel tubing, dimensional tolerances shall not exceed those listed in tables 206-8.2 (A) and 206-8.2(6). TABLE 206-8.2(A) LIGHT GAGE STEEL TUBING SIZE TOLERANCE Nominal Outside Dimensions mm (inches) 25x25 32 x 32 38 x 38 44x44 51x51 56 x 56 57 x 57 64 x 64 51 x 76 (1x1) (1V4X1V4) . (lV2x11/2) (13/4x13/4) (2x2) (23/16 x 23/16) (21/4 x 2V4) (21/2x2V2) (2x3) Outside Tolerance for All Sides at Corners mm (inches) 0.13 0.15 0.15 0.20 0.20 0.25 0.25 0.25 0.25 0.005 0.006 0.006 0.008 . . 0:008. 0.010 0.010 0.010 0.010 TABLE 206-8.2(B) LIGHT GAGE STEEL TUBING SQUARENESS OF SIDES AND TWIST Nominal Outside Dimension mm (Inches) 25x25 32x32 38x38 44x44 ••„ 51x51 56x56 57 x 57 64x64 51 x 76 (1x1) (1-1/4x1-V4) (1-1/2x1-V2) (1-3/4x1-3/4) (2 x 2) (2-3/16 x 2-3/16) (2-1/4 x 2-1/4) (2-V2 x 2-1/2) (2x3) Squareness11' mm (Inches) 0.15 0.18 0.20 0.25 0.30 0.36 0.36 0.38 0.46 0.006 0.007 0.009 0.010 0.01.2 0.014 1.014 0.015 0.018 Twist Permissible in 900 mm (3") mm(2) (Inches)'2' 1.3 1.3 1.3 1.6 1.6 1.6 1.6 1.9 1.9 0.050 0.050 0.050 0.062 0.062 0.062 0.062 0.075 0.075 (1) Tubing may have its sides failing to be 90 degrees to each other by the tolerance listed. (2) Twist is measured by holding down the edge of one end of a square tube on a surface plate with the bottom side of the tube parallel to the surface plate, and noting the height that either corner on the opposite end of the bottom side is above the surface plate. Add the following section: 206-8.3 Fasteners. Fasteners used to assemble cold-rolled steel perforated tubing shall be steel "pull-through" electrogalvanized rivets with 9.5 mm (3/8") diameter shank, 22 mm (7/8") diameter head, and a grip range of from 5 mm (0.200") to 0.90 mm (0.356"). The fasteners shall conform to ASTM B-633, Type III . . SECTION 207 - PIPE 207-2 REINFORCED CONCRETE PIPE. AW' Revised 10/08/03 Contract No. 3907 Page 81 of 114 Pages 207-2.5 Joints. Add the following; When watertight joints are indicated on the plans they shall be of the rubber-gasketed type meeting the requirements of ASTM Standard Specification designations C 36 1-95 and C 443-94. , -. . , ,. : ; .•-<..• ... . . . Pipe designated in the plans as "pressure pipe" or with a 100-year hydraulic grade line at or above the soffit shall be bell and groove spigot joint with "Q"..rings conforming to ASTM C-443 and C-361 for the limits shown on the plans. ...: . '. . 207-9 IRON PIPE AND FITTINGS 207-9.2.2 Pipe Joints Unless otherwise shown on the Plans, all joints shall be the push-on type joint. Joints and accessories shall conform to the requirements and dimensions specified in ANSI A21.11, AWWA C111. Rubber gasket material shall conform to 208-1.2 and AWWA €111 and ANSI A21. 11-90. - ..... ..-.- • 207-9.2.3 Fittings. Add the following: Ductile iron- pipe and fittings shall be manufactured in accordance with ANSI 21.50, AWWA-C150 and ANSI 21.51, AWWA C151,.and shall be of the size and thickness classes shown on the Plans. Unless, otherwise specified, size .4-inches through 6- inches DIP shall be thickness Class 52, while size 8-inches and larger shall be thickness Class 50. 207-9.2.4 Lining and Coating. Replace with the following: Unless otherwise specified, all iron pipe and fittings shall be lined with double thickness, cement motor lining with cement conforming to ASTM C150 Type II, AWWA C104/A21. 4.90 and outside coating of bituminous coating a minimum of 2 mils, thick in accordance with AWWA C1 51 or C1 00. „: 207-10 STEEL PIPE add the following: . • ..:.•-... 207-10.1 General Fabricated Steel Pipe and Fittings shall conform in all respects to Carlsbad Municipal Water District Rules and Regulations for Construction of (Potable or Reclaimed) Water Mains, latest edition. .••-- - . - - -,•,-•• - •- 207-10.1.2 Submittals. The Contractor shall furnish submittals in accordance with Section 2-5.3, Submittals Shop Drawings. Submittals are.required for the following: Shop Drawings Layout Drawings - Manufacturer's tests Mill Reports or Plant Test Reports . Fabrication Details : Dimensional Checks . '- Protective Coatings ~ Welding Procedures/Certification for Field Welding Shop Drawings shall be submitted and approved prior to manufacture of pipe. , 207-10.1.3 Quality Assurance. -Field welders shall be certified under Section IX, Part A of the ASME Boiler- and Pressure Vessel Code or in accordance with AWWA C206, Section 3. Welders shall submit a copy of their certification to the District prior to performing any field welding. Certifications shall be dated within three (3) years of the job to be performed. The top of all pipe and specials shall be clearly identified by marking the top with "T.O.P." for easy identifications in the field. Plainly mark each length of pipe at the bell end to identify the proper location of the pipe item by reference to the layout schedule. 207-10.1.4 Protective Coatings and Linings. All steel pipe and fittings exposed within a vault or above ground shall be cement-mortar lined in accordance with AWWA C205 and C602 and painted in accordance with CMWD Approved Materials List. Revised 1 0/08/03 Contract No. 3907 , ; ' Page 82 of - • 1 1 4 Pages All steel pipe and fittings for underground service shall be cement-mortar lined, taped wrapped and cement-mortar coated in accordance with AWWA C205, G214 and C602 unless otherwise specified on the Drawings. . Add the following section: 207-25 UNDERGROUND UTILITY MARKING TAPE. Add the following section: 207-25.1 Detectable Underground Utility Marking Tape: Detectable Underground Utility Marking Tape shall have a minimum 0.13 mm (0.005") overall thickness, with no less than a 35 gauge (AWG), 0.14 mm aluminum foil core. The foil must be visible from both sides. The layers shall be laminated together .with the extrusion lamination process, not adhesives. No inks or printing shall extend to the edges of the tape. All printing shall be encased to avoid ink rubroff. Detectable Underground Utility Marking Tape shall conform to the properties listed in Tables 207-25(A) and 207- 25 (B). • , TABLE 207-25.1 (A) DETECTABLE UNDERGROUND UTILITY MARKING TAPE PROPERTIES Property Thickness Tensile strength Elongation Printability Flexibility . Inks Message repeat Foil Top layer Bottom layer Adhesives Bond strength Colors Method ASTMD2103 ASTM D882 ASTM D882-88 ASTMD2578 ASTM D671-81 Manufacturing specifications Manufacturing specifications Manufacturing specifications .Manufacturing specifications Manufacturing specifications Manufacturing specifications . Boiling H2O at 100 degrees Celsius APWACode Value 01 14 mm (0.0056") 4500q/crnj25 Ibs/inch) (5,500 PSI) <50 percent at break >50 dynes/square centimeter Pliable hand Heat-set Mylex Every 500 mm(20") Dead soft/annealed Virgin PET Virgin LDPE >30 percent, solid 1.5#/R Five hours without peel See Table 207-25.1 (B) Color TABLE 207-25.1(6) DETECTABLE UNDERGROUND UTILITY MARKING TAPE COLORS Utility Marked Red Yellow Orange Blue Green Brown Purple Electric power, distribution, transmission, and municipal electric systems. Gas and oil distribution and transmission, dangerous materials, product and steam. Telephone and telegraph systems, police and fire communications, and cable television. Water systems. Sanitary and storm sewer systems, nonpotable. Force mains. Reclaimed water lines. Add the following section: 207-25.2 Materials Approvals. Detectable Underground Utility Marking Tape shall meet the requirements of each of the following agency/association publications. Revised 10/08/03 Contract No. 3907 Page 83 of 114 Pages A. Department of Transportation, Materials Transportation Bureau, Office of Pipeline Safety. LISAS code for pressure piping-B31,8, paragraph 192.321 (e). . . B. National Transportation Safety Board, Washington, DC, Special Study Prevention of Damage to Pipelines. Adopted June 7, 1974. Report NTSB-PSS-73-1. C. American Petroleum Institute (API). Recommended practice for marking buried liquid petroleum pipelines-APR RP 1109. ^ , D. General Services Administration, Washington, DC, Public Buildings Service Guide Specification for Mechanical and Electrical Equipment - PBS 4-1501, Amendment 2, Page 501-14, Paragraph 18, Subparagraph 18.1, Clause 18.1.1. . . E. Rural.Electrification Authority (REA), U.S. Department of Agriculture, Washington, DC, National Electrical Safety Code for Underground Construction for remote and immediate hazards. o SECTION 212 - LANDSCAPE AND IRRIGATION MATERIALS 212-1 LANDSCAPE MATERIALS. 212-1.2.3 Commercial Fertilizer, add the following: Preplant fertilizer shall be granular commercial fertilizer 7-7-7 or approved equal. Postplant fertilizer shall be 12-4-6 or approved equal with.Ca, Fe, Zn, and Mn and with the majority of nitrogen in nonammoniac form to prevent acidification of soil. Planting tablets shall be compressed fertilizer tablets with a 20-10-5 analysis. Hydroseed fertilizer ".shall be long-lasting, contrblled-felease, plastic-coated, uniform in composition, free-flowing"-, suitable for application-with approved equipment, and shall contain the minimum available percentages of nitrogen, phosphoric acid, potash and'sulfur required by tables 212-1.2.5! 1 (A) through 212-1-2-5- 3(A). ••- -• . " .-;.-••'. : ; '; ;•;--;,,. - • . * • 212-1.2.4 Organic Soil Amendment. Add the following: For all types of Organic Soil Amendment mulch-materials produced from pine trees grown in Alameda, Monterey, Santa Clara, Santa Cruz or San Mateo Counties shall not.be^sed in the Work. Type 1A Organic-Soil Amendment shall conform to the requirements for type 1 Organic Soil Amendment except, as modified hereinafter. Type 1A 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 1A Organic Soil Amendment shall be manufactured from clean wood, free from clods coarse bbjects and rocks and shall conform to the properties shown in Table 212-1.2.4(6): / Table 212-1.2.4(8) SOIL AMENDMENT PROPERTIES Property Dry Weight Nitrogen "..'.' Dry Weight Passing 25 mm (1") Sieve Dry Weight Passing #4 Sieve , ~ • Dry Weight Passing #16 Sieve Dry Weight Passing #30 Sieve .. ; Dry Weight Passing #50 Sieve Dry Weight Passing #100 Sieve Salinity Iron ( Dilute acid soluble on dry weight basis) Ash (dry weight basis) PH , Wettability Minimum . (D 100% 95% . . 45% 30% Y 0% 0% (D 0.08% ,. 0% 6.0 " (D Maximum .(D 100% 100% 65% . . :, 40% 10% 2% (D — 6.0% 7.0 (D " (1) (As Required by Table 212-1.2.4(A) SSPWC)O Revised 10/08/03 Contract No. 3907 Page 84 of 114 Pages For all types of Organic Soil Amendment the Contractor shall supply the Engineer a sample of the proposed amendment accompanied by an analytical analysis from a qualified agricultural laboratory certifying compliance to the requirements herein. Qualified agricultural laboratories shall have an on- going quality assurance program that fulfills the requirements of the most recent version of the "Western States Laboratory Proficiency Testing Program Soil and Plant Analytical Methods". Certificates of compliance shall contain a statement attesting that the organic soil amendment meets the requirements of these specifications and that the testing agricultural laboratory does fulfill the requirements of "Western States Laboratory Proficiency Testing Program Soil and Plant Analytical Methods". Said submittal shall be in accordance with Section 2-5.3.3. 212-1.2.5 Mulch for Hydraulic Method Seed Lawn Planting. Add the following: The terms Hydroseeding and Hydroseed shall be synonymous with Hydraulic for the purposes of Section 212. Disturbed Areas, Southern Willow Scrub and Riparian Scrub and Upland Transition Zone planting areas shall be mulched, fertilized and seeded using method B: Mulch shall be manufactured from virgin wood cellulose fiber mulch and shall not contain growth or germination inhibitors. When mixed with water, the mulch shall remain in uniform suspension and when blended with the seed, fertilizer, and other approved additives, shall form a homogeneous slurry. When applied, the fibers shall form a moisture absorbing membrane with adequate percolation properties sufficient to allow one hundred percent of water applied at the rate of 3.1 liters per minute per square meter (0.075 gallons per minute per square foot) onto a surface inclined at a 2:1 (horizontal: vertical) slope to pass through the membrane. A non-phyto-toxic .wetting agent shall be added to the slurry mixture. A water soluble, non-toxic green dye shall be added in sufficient quantity,to clearly delineate the planted areas. When required, binder shall be added to the slurry mixture and shall be "CPA 4000", "AZTAC", "Ecology Control", "M-Binder", or approved equal. Add the following section: 212-1.2.6 Herbicides and Pesticides. Shall be used in their appropriate applications with strict adherence to manufacturer's specifications and instructions. Postemergent herbicide for all areas shall be Glyphosate, N-(phosphonomethyl) glycine, in the form of its isopropylamine salt such as Roundup Pro, Diquat, Montar, or approved equal. Preemergent herbicide for shrubs and groundcover areas planted from flats shall be Treflan, Surflan, Eptan, or approved equal. Add the following section: 212-1.2.7 General Soil Conditioners. Agricultural-grade gypsum shall be a calcium sulfate (CaSO4 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 10-mesh screen. Add the following section: 212-1.2.8 Stabilizing Emulsion. Stabilizing emulsion shall be a concentrated liquid chemical 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 nonthinking 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. Revised 10/08/03 Contract No. 3907 . Page 85 of 114 Pages 212-1.3 Seed. Add following: The quantity of pure live seed supplied shall meet or exceed the quantity shown in the specified mixes. Seed shall not contain more than 0.5 percent weed seed by .volume Seed types shall be as specified on the plans and planting legends, and shall be applied at the rates indicated. . . • . ;< • All brand-name, patented seed must be received by Contractor in original manufacturer's bag. Seed shall be received by Contractor in separate containers specifying kind; quantity, purity, and germination. Contractor shall provide the Engineer with each seed bag label used in the Work. •. ' • '•'.*'• ' ' .•. ' " ' i'. 212-1.4.1 General. Add the following: Plants shall be the variety and size shown on the plans or in the special provisions and shall conform to the requirements of these specifications., Contractor shall notify the Engineer 48 hours before each plant delivery so that the Engineer can inspect the plants. The scientific and .common names of plants herein specified shall conform to the approved names given in "A Checklist of Woody Ornamental Plants in California, Oregon and Washington" published by the University of California, Division of Agriculture Sciences, Publication 4091 (1979). Each group of plant materials delivered on site shall be labeled clearly as to species and variety. All patented plants (cultivars) required by the plant list shall be delivered with a proper plant patent attached. The Contractor shall obtain clearance from the County Agricultural Commissioner, as required by law, before planting plants delivered from outside the County in which they are to be planted. Evidence that clearance has been obtained shall be filed with the Engineer. All plants furnished by the Contractor shall be true to type or name as shown on the plans and shall be tagged identifying the plants by species or variety; however, determination of plant species or variety will be made by the Engineer and the Engineer's decision shall be final. Plants shall be individually tagged or tagged in groups by species or variety. Carpobrotus cuttings need not be tagged. All plants shall comply with Federal and State laws requiring inspection for plant diseases and infestations. Inspection certificates required by law shall accompany each shipment of plants, and certificates shall be delivered to the Engineer. ' Plants furnished by the Contractor shall be healthy; shapely, and well-rooted, and roots shall show no evidence of having been restricted or deformed at" any time. Plants shall be well-grown, free from insect pests and disease, and shall be grown'in nurseries which have been inspected by the State Department of Food and Agriculture and have complied with the regulations thereof. The Engineer is the sole judge as to acceptability of each plant. Vigorous, healthy, well-proportioned plants are the intent of this specification. Plants which are even moderately "overgrown", or are showing signs of decline or lack of vigor, are subject to rejection. The size of the plants will be as shown on the plans. Plants larger in size than specified may be used with the approval of the Engineer, but the use of larger plants will make no change in contract price. If the use of larger plants is approved, soil amendments shall be increased proportionately. All plants not conforming to the requirements herein specified shall be considered defective and such plants, whether in place or not, shall be marked as rejected, and immediately removed from the site and replaced with new plants by the Contractor at the Contractor's expense. The Engineer 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. .. ^ ' 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. Revised 10/08/03 Contract No. 3907 Page 86 of 114 Pages O Trucks used for transporting plants shall be equipped with covers to protect plants from windburn. Root condition of plants furnished by the Contractor in containers will be determined by removal 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. "' _..._•' The Contractor shall notify the Engineer when plants are to.-be shipped to the project site. The notification shall be given not less than 10 days prior, to the actual shipment date. Carpobrotus cuttings shall be 250 mm (10") or more in length and shall not be rooted. Delosperma cuttings shall be 150 mm (6") or more in length and shall not be rooted. Cuttings shall be tip cuttings from healthy, vigorous and strong-growing plants and shall be insect and disease free. Mature or •brown-colored stem growths or cuttings which have been trimmed will not be accepted. Cuttings shall be planted not more than 2 days after cutting and shall not be allowed to dry or wither. Carpobrotus cuttings shall not be taken from any plants that indicate the presence of ice plant scale (Pulvinaria species). : . ~ The Contractor shall, notify the Engineer of the location where cuttings are to be taken at least 10 days prior to taking the cuttings and shall be responsible for all permit and inspection fees involved in obtaining cuttings. . . . , 212-1.5.3 Tree Stakes. Modify as follows; Tree stakes shall be 50mm (2") diameter turned lodgepole pine, pointed on their driven end. . • • • \ Add the following section: . . 212-1.6 Erosion Control Matting. Erosion control matting shall be made of 100-percent- biodegradable, weed-free wheat straw of thickness and density yielding 270 grams per square meter (0.50 Ib./sy) with photodegradable polypropylene netting with a density of 0.89 grams per square meter (1.64 lb/1000 sy) having an approximate mesh interval of. 50 mm x 50 mm (2" x 2") on each face of the straw mat. The^ straw mat shall be sewn together with unidirectional lines of cotton or polypropylene thread spaced approximately 50 mm (2") apart. Erosion control matting shall be "North American Green, DS1 50", "BonTerra S2", or approved equal. Add the following section: 212-1.7 Erosion Control Mat Staples. Erosion control mat staples shall be 25 mm x 150 mm (1" x 6"), U-shaped 11 -gauge mild steel staples. ' • . ' Add the following section: 212-1.8 Root Barriers. Root barriers shall be no less than 1m (39") in width. Root barriers shall be "Biobarrier", as manufactured by.Reemay, Inc., 70 Old Hickory Boulevard, Old Hickory, TN 97138, Phone 61 5-847-7000, no substitutes will be accepted. . 212-2 IRRIGATION SYSTEM MATERIALS. 212-2.1.3 Plastic Pipe for Use with Solvent Weld Socket or Threaded Fittings, add the following. Except as provided in this section, all buried piping in the irrigation system shall be installed with underground utility marking tape conforming to the requirements of section 207-21 and identifying it as Revised 10/08/03 Contract No: 3907 Page 87 of 114 Pages reclaimed water. Intermittent pressure lines (lines on the downstream side of a controller valve that will not be subject to constant pressure) will not require underground utility marking tape. All PVC pipe used for irrigation systems shall be colored purple by the addition of a dye integral to the PVC. Painted pipe will.not be accepted. Pressure mainline piping for sizes 50 mm (2") and larger shall be PVC having a pressure rating of 2170 kPa (315 PSI), S.D.R; 13.5. Stenciled pipe is required for all irrigation system piping including portions not required to be marked with underground utility marking tape. All pipe shall have-stenciling appearing on both1 sides of the pipe with the marking "Reclaimed Water" in 16 mm (5/s") high letters repeated every 300 mm (12"). PVC non-pressure buried lateral line piping shall be PVC Schedule40. .••• - " . , ' .'•:•••.•. Add the following section: 212-2.1.7 Brass Pipe and Fittings. Brass pipe shall be IPS standard weight 125 LB 85 percent copper and 15 percent zinc,%ade designation seamless red brass pipe conforming to the requirements of ASTM B43-91. Brass pipe fittings and connections shall be Standard 125 LB class 85 percent fed brass fittings and connections. • • ••*'• ".'"•'• 212-2.2.7 Valve Boxes. Add the following: • All valve boxes shall be marked "RCV", "BV" or "QC", "PB" respectively. Remote control valves shall be marked-with "station numbers embossed on the valve cover with a brass tag. (RCV boxes shall have locking covers.) Other boxes such as pull boxes, etc., shall be marked with appropriate identification. Add the following section: 212-2.2.8 Ball Valves. Ball valves shall have bottom-loaded pressure-retaining stems, glass- reinforced seats, and reinforced TFE stem packing seals. Valves sizes 13. mm (V£")'to 50 mm (2") shall be pressure rated at4140 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 orC." •"-•.:•' • ••'•••• ' ' -• -'• ;': *• '' .; '. - -' '•' Add the following section: 212-2.2.9 Pressure Regulator Valve. Pressure regulator valve shall be bronze body with screw fitting. Add the following section: 212-2.2.9 Wye Strainers. Wye strainers shall have a cast iron or all-bronze body with a removable stainless steel or monel strainer. • Wye strainers shall be capable of withstanding a cold water working pressure of 1034 kPa (150 psi). Wye strainers at backflow preventer assemblies shall be equipped with a gate valve at the outlet. Air other wye strainers shall be equipped with a garden valve at the outlet. • - ' .. ; The strainer screen for the wye strainer in a backflow preventer assembly shall have an open area equal to at least 3 times the cross-sectional area of the pipe based on an iron pipe size and shall be woven wire fabric with 850-um mesh or perforated sheet with 1.14 mm (0.045") diameter holes. All other wye strainers shall be equipped with 425-um strainer screens. 212-2.4 Sprinkler Equipment. Add the following: All sprinkler heads are to have factory built-in check valves or a check valve under each head. Drip assemblies shall meet the following requirements: The drip emitter shall be Pepco Quadra or Rainbird XERI-Bird-8 or approved equal as called on drawings, with four ports. Drip tubing for emitter outlets shall be Rainbird (RBT-160V), Salco, or approved equal. Drip tubing stakes shall be Rainbird No. RS-13, Salco, or approved equal. Bug cap for drip tubing shall be manufactured by Rainbird, Pepco, or approved equal. The drip pressure regulator shall be Rainbird, Netafim PVR, or approved equal. Drip emitter filter shall be -p- Amiad, Rainbird, or approved equal. Drip emitter access boxes shall be Rainbird No. SEB-6X, Salco ( j Revised, 10/08/03 Contract No. 3907 ,, •' Page 88 of 114 Pages Subterranean Emitter Box, or approved equal. Check valves shall be of heavy-duty virgin PVC construction with FIP thread inlet and outlet. Internal parts shall be stainless steel and neoprene. Antidrain valves shall be field adjustable against drain out from 1.5 m to 12 m (51 to 40') of head. All sprinkler heads that are without valves in the heads are to have an antidrain valve feature and shall have an excess flow feature, which will automatically stop the flow of water when it exceeds the GPM preset by the manufacturer. Check valves shall be King Bros., Rainbird, or approved equal. 212-2.3 Backflow Preventer Assembly. Add the following: Backflow preventers shall be one of the approved reduced pressure principle devices listed by the California Department of Health Services, Division of Drinking Water and Environmental Management, 601 North 7th Street, Mailing Station (MS) 92, P.O. Box 942732, Sacramento, CA 94234-7320. Backflow preventers shall be factory assembled and shall include 2 check valves, one pressure differential relief valve, 2 shut-off valves and 4 test cocks. Backflow preventer and valves shall be the same size as the pipeline in which they are installed, unless otherwise showri on the plans. Backflow preventer shut-off valves shall be manufactured from iron or bronze and shall be either resilient wedged gate valves,,resilient seated and fully ported ball valves, or resilient seated butterfly valves. Threaded type shut-off valves shall be provided with a union on one side of each valve. Unions shall be brass or malleable iron. .. - "s Add the following section: 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. 4. Five keys for opening and locking each automatic controller and enclosure. Add the following section: 212-2.5 Flexible Hose.— Flexible hose shall be nonrigid polyvinyl chloride (nonrigid PVC) hose conforming to the specifications of ASTM Designation: D 2287, Cell-type 6464500. Wall thicknesses of nonrigid PVC hose shall conform to Table 212-2.5(A) when determined in accordance with ASTM Designation: D2122.. . TABLE 212-2.5(A) FLEXIBLE HOSE Hose! (Millimeters) 15 20 25 Size-Nominal (Inches) % % 1 Minimum Wa (Millimeters) 3.73 3.91 4.55 II Thickness* (Inches) 0.147 0.154 0.179 Range (Percent) 12 12 12 *as measured at any point on the cross section. The hose shall provide leak-free, non-separating connections suitable for the purpose intended when connected to the fittings specified herein. Fittings for flexible hose shall be injection molded PVC, Schedule 40, conforming to the specifications of ASTM Designation: D 2466. Fittings shall be solvent cemented type. Solvent cement for flexible hose and fittings shall be of commercial quality specifically manufactured for use with nonrigid PVC hose. Primer for flexible hose fittings shall be the same as specified for plastic pipe supply line fittings. Revised 10/08/03 Contract No. 3907 Page 89 of 114 Pages 212-3 ELECTRICAL MATERIALS. .-: ••: .. •.-. : ' ...-•..••- •••• -,• .. • 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). ' '' • "- - - 212-3.3 Controller Unit. Add the following: All controllers shall be grounded by one 19 mm (5/8") diameter by 3 m (10') long stainless steel grounding rod and a 50-ohm resistance lightning arrester. Add the following section. . ' •: 212-3.4 Irrigation Electrical Service Equipment and Enclosures. Electrical service equipment shall incorporate the following elements: ' . ' .-..-•: 1 . One 100-amp, 1 20/240-volt, single-phase load center, as approved by the Engineer; 2. One 100-amp rated commercial meter socket suitable for the San Diego Gas and Electric Company meter, with provision for test block bypass having a UL listing and EUSERC approval; 3. One 15-amp circuit breaker for each irrigation controller energized by the service; 4. One 20-amp circuit breaker for the duplex receptacle. ; 5. The design, assembly, grounding, wiring, and components of the irrigation electrical service equipment and enclosure shall meet the requirements of the 1 996 edition of the National Electrical Code. : 6. Electrical service equipment shall be enclosed in a cabinet constructed entirely of 14-gage, or heavier, 304 stainless steel. The cabinet shall be of welded construction with a brushed finish; anchoring points shall be inside the enclosure. " ' 7. The cabinet shall be HYDROSAFE Model No. HS9, Strong i Box, or approved equal. 8. The cabinet shall have a 304 stainless steel interior bulkhead separating the 1 20/240-volt electrical service section from the irrigation controller section. 9. No wood components shall be used in the enclosure. 1 0. Each section of the cabinet shall have full front opening doors with piano hinges, integral keylock and hasp and staple, or other provision, for padlock. 1 1 . The cabinet shall be provided with cross-flow ventilation. Ventilation openings shall be located and designed to preclude rain, irrigation splash, vermin, and insects from entering the cabinet. 12. The controller side door shall have provision for mounting; control, schematics without the use of adhesives or fasteners. The service side door shall have a clear acrylic plastic window to allow the electrical meter to be read. 13. The cabinet shall have a duplex 15-amp, 120-volt receptacle with ground fault interrupter protection mounted on the interior service side. .•-... 14. Concrete footings and pads supporting the Electrical service equipment shall be 560-C-3250 . and shall be no less than 150 mm (6") thick. . . . • • • -; 1 5. Anchor bolts to secure the service equipment to the concrete pad shall be 1 0 mm (36") diameter by 1 50 mm (6") long hot dip galvanized or,stainless steel headed bolts with washers,- without . . sleeves, conforming to section 304-1.7. Anchor bolts to secure the .service equipment to the concrete pad shall be embedded in the concrete slab between 65 mm and 100 mm (21/4" and 4"). ' . '. : ' ,'- .;:.;.-... Add the following: 21 2-4 EROSION CONTROL MATERIALS s**^ Revised 10/08/03 "Contract No. 3907 • Page 90 of 114 Pages 212-4.1 (Type BFM) Materials. Add the following section: . 212-4.1.1 Fiber. Fiber shall be produced from natural or recycled (pulp) fiber, such as wood chips or similar wood materials or from newsprint, chipboard, corrugated cardboard or a combination of these processed materials, and shall be free of synthetic or plastic materials. Fiber shall not contain more than 7 percent ash as determined by the Technical Association of the Pulp and Paper Industry (TAPPI) Standard T 413, shall contain less than 250 parts per million boron and shall be otherwise nontoxic to plant or animal life..» Fiber shall be thermo-mechanically defibrated from clean whole wood chips, containing a minimum of 25% of fibers averaging 3/8" long, with a minimum of 50% or more retained on a #24 mesh screen. The wood chips shall be processed in such a manner to contain no lead paint, printing ink, varnish, petroleum products, or seed germination inhibitors. Fibers shall not be produced from recycled materials such as sawdust, paper, cardboard, or chlorine bleached paper mill residue. Coloring agents, if used, shall be biodegradable. Fiber shall have a water-^holding capacity by mass of not less than 1200 percent. Fiber shall be of such character that the fiber will disperse into a uniform slurry when mixed with water. Water content of the fiber before mixing into slurry shall not exceed 15 percent of the dry .mass of the fiber. The percentage of water in the fiber shall be determined by California test 226. Fiber shall have the . moisture content of the fiber marked on the package. Fiber shall be colored to contrast with the area on which the fiber is to be applied, and shall not stain concrete or painted surfaces. 212-4.1.2 Stabilizing Emulsion. Stabilizing emulsion shall be a concentrated liquid chemical 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 nonthinking 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. Stabilizing emulsion shall be nonflammable, non toxic and shall have an effective life of at least one year. Stabilizing emulsion shall be an organic bonding tackifier of high viscosity colloidal polysaccharide with active agents, or a blended hyrdrbcolloid-based binder. The stabilizing emulsion may be bonded to the fiber by the manufacturer. The stabilizing emulsion shall not dissolve or disperse upon rewetting. . . Add the following section: ; 212-4.2 Straw Matting. 212-4.2.1 Materials. Straw matting shall consist of a machine produced mat of 100% grain straw. The straw shall be evenly distributed over the entire area of the blanket. One side of the blanket shall be covered with photodegradable netting and shall be sewn together with a degradable thread. Straw matting shall not be dyed, bleached, or otherwise treated in a manner that will result in toxicity to vegetation. The grain straw shall contain no weed seeds. Each roll is to be packaged separately. Straw .matting shall satisfy the following criteria: . Properties Limits: Width 48 in (1.2m) minimum, 90 in (2.3m) maximum -. ' Weight 0.50 Ibs./syd. (0.3 kg/sm) minimum, 0.75 Ibs./syd. (0.4kg/sm) maximum Mesh Size (netting) 0.75 in X 0.75 in (2cm X 2cm) maximum A ~ " •^ Revised 10/08/03 Contract No. 3907 Page 91 of 114 Pages SECTION 213 - ENGINEERING FABRICS 213-2GEOTEXTILES.o 213-2.1 General. Table 2.13-2:1 (A) Add the following: Geotextile types shall be used for the applications listed in '.Table 213-2.1 (A) GEOTEXTILE APPLICATIONS Application of Geotextile . Separation of Soil and Street Structural Section Separation of Soil and Subsurface Aggregate Drain Reinforcement of Street Structural Section . Remediation and Separation of Soil .. • Reinforcement of Soil •••-••.-. Drainage at the Interface of Soil Structures Drainage at the Interface of Soil and Structures '"'" • . " :*••'• Rock Slope Protection Fabric for Rock Sizes Below 225 kg (%' Ton) Rock Slope Protection Fabric for Rock Sizes Including and Above 225 _kg (Vi Ton) 'v' : '"' '• '' *: ' Plant Protection Covering , Erosion Control Fence with 14 AWG'- 15d"mm x 150 mm (6"x6") Wire and 3 m (10') Post Spacing Erosion Control Fence with 1.8 m (6') Post Spacing and No Wire Fencing . Type Designation 90WS - -, 180N ... 200WS •-.. 270WS ,: 270WS . N/A N/A 180N 250N 90N '90WS 200WS Add the following section: . , ,. . •". , . „ ". 213T3 EROSION CONTROL SPECIALTIES. . Add the following section: . • . . v , ." •"'....-. 213-3 Gravel bags. Gravel bags for the use of temporary erosion control shall be burlap type, filled with no less than;23kg (50, Ibs) of 1,9 mm (3/4") crushed rock and securely tied closed. Plastic bags are not acceptable. . ,- , . SECTION 215-FENCING O Add the following section: 215-1 ENVIRONMENTAL FENCING Add the following section! v', 215-1.1 Materials. Environmental fence :shall be minimum 4' high, orange colored plastic construction fencing installed prior to performing any work. Environmental fence shall be constructed of non-toxic, non^conductive polyethylene capable of withstanding temperatures from -58F degrees to 194F degrees. Color shall be non-fading. Posts shall be 6'-6" long, shall be spaced no more than 10'-0" apart and buried portion shall be no less than 2'-6" deep. Used materials may be installed providing the used materials are good, sound, and are suitable for the purpose intended, as determined by the Engineer. Materials may be commercial quality providing the dimensions and sizes of the materials are equal to, or greater than, the dimensions and sizes specified herein. Posts shall be either metal or wood at the Contractor's option. Galvanizing and painting of steel items will not be required. Treating wood with wood preservatives will not be required. Concrete footings for metal posts will not be required. Revised 10/08/03 Contract No. 3907 Page 92 of 114 Pages SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING. 300-1.1 General, add the following to the third paragraph: During surface clearing operations, the Contractor shall not cover or bury any plant growth or other objectionable materials. If the Contractor cannot successfully separate the plant growth from the surface soil and advertently or inadvertently mixes organic or other objectionable materials with the soil, the soil so contaminated shall be removed from the site by the Contractor. All costs, if any, associated with removing the soil mixed with organic or other objectionable materials and importing soil to replace said contaminated soil shall be borne by the Contractor and no additional payment therefore shall be made to the Contractor. 300-1.3 Removal and Disposal of Materials, add the following: Also included in clearing and grubbing shall be removal and disposal of existing street poles and lights, metal guard rail, fences, asphalt concrete and aggregate base, concrete curb and gutter, concrete sidewalk, existing gate, existing headwalls, rip-rap, traffic signs, and other existing features which interfere with the work. Whether or not such items are shown on the plans they shall be removed as a part of clearing and grubbing. Existing underground pipes and conduits that are shown on the plans and designated to be removed shall be removed by the Contractor as a part of clearing and grubbing. 300-1.4 Payment, modify as follows: Payment for clearing and grubbing shall be made at the contract lump sum price for clearing and grubbing within the project limits and at stockpile locations and no other payments will be made. Unless otherwise noted 9n plans, the Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, and pipelines and conduits of any type, or use, that are abandoned during the course of the work and shall replace said pipelines and conduits with properly compacted soils. Payment for removal and disposal of abandoned utilities shall be included in the lump-sum bid for Clearing and Grubbing, and no additional payment will be made. , • . 300-2 UNCLASSIFIED EXCAVATION. 300-2.1 General, add the following: Unclassified excavation shall include removal and stockpile of suitable material, recompaction, mixing, grading for mitigation work, trenching and backfilling of storm drains, sewers, other utilities, disposal of unsuitable materials not included in the bid item for clearing and grubbing, all cut and fill including, salvaging clean excavated material and filling areas to the required grades and cross section. Unclassified excavation shall be utilized onsite to make all fills shown on the plans. Unclassified excavation shall also include scarification and moisture adjustment and compaction of the top 300 mm (1') of the subgrade in the roadway prism in cut areas to 95 percent relative compaction, wetland mitigation grading and attendant work, export of remaining excess material to a disposal site or spoil area acquired by the Contractor and pumping and disposal of storm and ground water. •Revised 10/08/03 Contract No. 3907 - Page 93 of 114 Pages 300-2.2.1 General, add the following: Alluvial and colluvial removal and recompaction shall consist of excavating, blending and recompacting loose soils in areas that are designated to receive fills. The existing loose soils shall be removed by the Contractor until a firm unyielding surface is exposed or to a depth determined by the Engineer. If the excavated material contains 4%, or more, water than the optimum moisture content the Contractor shall blend the wet soil with soils having a lower moisture content and/or spread the excavated material in a manner that enables the material to dry to optimum moisture content. The cost of spreading and/or drying shall be included in the contract unit price for removal and recompaction. The excavated material shall be placed and compacted in accordance with section 300-4 of the specifications except that section 300-4.9, Measurement and Payment, shall not apply. : 300-2.2.1 General, add the following to the first paragraph: , Such direction may include, but is not limited to, directing the Contractor to blend, adjust moisture content of, rework, and place unsuitable soils at specific locations or elevations on the site. .-.-.- Add the following section: ... . 300-2.2.3 Compressible Soil. Compressible soils such as existing uncontrolled or unacceptable fill, alluvium, and colluvium may exist within portions, of the Project site. Where required by the Engineer, the Contractor shall remove such compressible soils from, areas to receive fill or from areas upon which surface improvements are to be placed. The removal and disposal of such compressible soils shall be paid for at the Contract Unit Price for unclassified excavation unless it is considered otherwise unsuitable by the Engineer in which case it may be paid for in accordance with section 300-2.2.1. . , .- • ' - .- ' . * ••-./'-" . . .-. - ; 300-2.2.4 Instability of Cuts. Add the following: The Contractor shall remove additional material as directed by the Engineer to improve the stability of excavated cuts. The removal of such excavated material shall be paid for at the Contract .Unit Price for unclassified excavation unless it is considered otherwise unsuitable by the Engineer, in which case it will be paid for in accordance with Subsection300-2.2.1. " . . :.: , . ..'... ,. . , 300-2.5 Slopes, add the following: The hinge points (the top and bottom) of slopes shall be located within 75 mm. (0. 25') of the locations shown on the plans.. , ..-,._,.' .',..' 300-2,5 Slopes, add the following: after the first sentence of the first paragraph: A slope shall be defined as any area steeper than three horizontal to one vertical. 300-2.6 Surplus Material, add the following:' The Contractor' shall haul and dispose of all surplus material from the project. The Contractor shall utilize highway legal haul trucks for this export of material from the project site and to a site secured by the Contractor. No earth moving equipment or special construction equipment, as defined in section 565 of the California Vehicle Code, will be allowed for hauling material on public streets. . ... . 300-2.8 Measurement, delete the second paragraph relating to materials removed from stockpiles and add the following: Unclassified Excavation shalj be measured based on the volume it occupies in its original position before excavating. The measurement shall be from the original ground contours after clearing and grubbing and the bottom of areas of excavation to the design elevations shown on the plans or actual ground contours existing in borrow sites after excavation or those for removal and recompaction of alluvial and colluvial materials or those for materials excavated to improve the stability of cuts, whichever is lower in elevation. No excavated material which is re-excavated will be measured' for payment. No allowance for shrinkage or swell will be considered. Materials excavated or otherwise removed as all or part of any other bid item shall not be measured as -Unclassified Excavation. - • . ~. j-;! •-. •• • • • x«**»s •Revised 10/08/03 Contract No. 3907 :'.-. Page 94 of 114 Pages 300-2.9 Payment, add the following: Payment for work .performed under sections 300-2.2.1, 300- 2.2.2, 300-2.2.3 and 300-2.2.4, when the Engineer determines that the soils are unsuitable, shall be made for the actual labor, materials and equipment used to accomplish the work as per section 3-3 EXTRA WORK of the specifications. 300-2.9 Payment substitute the following: Payment for Unclassified Excavation will be made at the unit price bid in the proposal. Only the quantity of unclassified "excavation measured shall be paid for. No excavated material which is re-excavated will be paid for. For progress payments, the quantity of unclassified excavation shall be estimated by the Engineer. The Engineer's calculations shall be considered the definitive determinant for quantities for final payment. All topographic surveying and calculations necessary to quantify payment quantities for Unclassified Excavation shall be performed by the Engineer. Payment for Unclassified Excavation shall include costs of surveying, staking, preparation of earthwork quantity reports, placement, compaction, soil remediation, moisture adjustment and water therefore, rework of compressible soils, slope rounding, grading, stockpiling, access road, temporary detour roads, earthen swales and drainage channels as shown on the drawings or required by the contract documents. , . Add the following section: . • ' 300-2.10 Grading Tolerance. The Contractor shall finish excavated-areas other than slopes and subgrade below structures, within the roadway and sidewalk areas within 30 mm (0.1') of the grades shown on the plans. Subgrade tolerances shall conform to the requirements of section 301-1.4 SSPWC. - , • 300-3 STRUCTURE EXCAVATION AND BACKFILL 300-3.1 General, add the following: The Contractor shall excavate to the lines and levels required and/or shown on the Drawings. The Contractor shall provide all shoring, bracing, cribbing, pumping, and planking required. The Contractor shall excavate and maintain the bottom of all trenches.in a condition that is level, firm, clean and free from all debris or foreign matter. Excavations shall be kept free from water at all times. The Contractor shall remove any unsuitable material encountered below grade as directed by the Engineer 300-3.6 Payment, add the following: Dewatering shall be paid for as an incidental unclassified excavation and no additional compensation will be made therefore. Except for unsuitable materials removed as part of the clearing and grubbing item unsuitable material encountered below grade will be paid for at the unit price bid for unclassified excavation. 300-4 UNCLASSIFIED FILL 300-4.2 Preparation of Fill Areas, add the following: Except as provided in section 300-4.7, "Compaction", areas proposed for improvements all fill (including backfill and scarified ground surfaces) shall be compacted by the Contractor to no less than 90 percent of maximum dry density as determined in accordance with ASTM Test Procedure D1557-91. 300-4.4 Benching, add the following: Benching shall conform to the details shown on the plans. 300-4.5 Placing Materials for Fills, add the following: The Contractor shall perform grading such that the upper 900 mm (3') of fill placed in the roadway pavement area is composed of properly compacted low expansive soils. The more highly expansive soils shall be placed in the deeper fill areas and properly compacted or exported from the site. Low expansive soils are defined as those A ; ^• (Mr' Revised 10/08/03 Contract No. 3907 . Page 95 of 114 Pages soils that have an Expansion Index of 50 or less when tested in accordance with 1994 UBC Standard 18-2 as published by the International Conference of Building Officials. Should insufficient soils ^\ meeting the requirement of an expansion index of 50 or less be present within the limits of work, soils v, J of the least expansion index that are available wjthin the limits of work shall be incorporated in the upper 900 mm (3') of fill placed in the roadway.. - - The Contractor shall break rock encountered in the excavation into particles of less than 75 mm (3"). Particles with dimensions greater than 75 mm (3") shall be uniformly distributed over the area to be filled so that construction equipment can be operated in such a manner that the larger pieces will be broken into smaller particles and become incorporated with:the other materials in the layer. This requirement for particle size reduction does hot apply to cobbles, small boulders, and small hard rocks found within the surface soils and"forrnational materials. .Rocks having any dimension greater than 460mm (18") shall not be incorporated into the fill. Rock exceeding 150 mm (6") in diameter shall not be placed in the upper 900 mm (3') of any fill. When there are large quantities of rock to be placed in the fill, rocks shall not be nested, but shall be spread with sufficient room between them so that intervening voids' can be adequately filled with fine material to form a dense, compact mass. Oversize material which cannot be utilized for, erosion mitigation or landscaping onsite shall be broken to acceptable sizes or removed from the site by the Contractor. If disposed of within the City of Carlsbad, a separate grading permit will be required for disposal of rock. - , 300-4.6 Application of Water, add the following: The Contractor shall place all fill soil at a moisture content no-less than one (1) percent below optimum mpisturejas determined by ASTM test D-1557-91,, • ;, .;.. ..- ;,;,•_ . .. • . ' ;>• .... •...' ... . '. ,;/' ". 300-4.7 Compaction, add the following: The Contractor shall compact all fill soils placed within the top 1 m (3') of roadway subgrade to a minimum of 95 percent relative compaction. On all areas to receive planting, the top 150 mm (6") shall be compacted to 85%, +2% -5%, to allow for plant growth. x*»s ,300-4.8 Slopes, add the following: Feathering of fill over the tops of slopes will not be permitted. ^^^ The Contractor shall compact the faces:Of fill.slopes with a sheep's foot roller at vertical intervals no greater than 600 mm (2') or shall be built and cut back to finish grade. In addition, if not over built and cut back, the face of the slope shall.be track walked upon completion. .. . - - • ' : . ' - ••.-•• .'••.'• ,' •.•*.•'' . i ' • . 300-4.9 Measurement and Payment, delete and substitute the following: Unclassified fill, grading, shaping, compacting or consolidating, slope rounding, construction of transitions and all work included in and incidental to Section 300-4, "Unclassified Fill" will be paidifor as a part of unclassified excavation, and no additional payment will be made therefore. . 300-5 BORROW EXCAVATION. Add the following section: . _ . 300-5.2.1 Imported Borrow Properties. The Contractor shall provide imported borrow that is clean well graded soil consisting of material conforming to all of. the requirements in Table 300- 5.2.1 (A) and the following requirements. Rock included in the top 1; m (3') of imported borrow shall be particles of less than 75 mm (3"). Rock included below the top 1 m (3') of imported borrow shall be particles of less than 150mm (6").. • ;.. .,, .. .,;-.- TABLE 300-5.2.1 (A) IMPORTED BORROW PROPERTIES Tests R-Value "... Expansion Index : " Test Method No. . Calif. 301 UBC Standard 18,2 Requirements 40Min., 10 Max. Revised-10/08/03 Contract No. 3907 • Page 96 of 114 Pages .Plasticity Index Sieve Analysis ASTM D 424 ASTM D 422 4 Max. Percent Passing 75ji (No. 200) 15 Max. 300-9 GEOTEXTILES FOR EROSION CONTROL. Modify as follows: 300-9 GEOTEXTILES FOR EROSION CONTROL AND WATER POLLUTION CONTROL. Add the following section: . 300-9.2 General. The Contractor shall provide erosion control and water pollution control conforming to the requirements shown on the plans, as specified herein, and as elsewhere required by the Contract Documents. Erosion control and water pollution control shall include the work specified herein, and such additional measures, as may be directed by the Engineer, to meet Best Management Practices, as defined herein, and to properly control erosion and storm water damage of the limits of work and construction impacts upon areas receiving drainage flows from within the limits of work. . . Add the following section: 300-9.2.1 Grading Controls. The Contractor shall protect all areas that have been graded and/or cleared and grubbed as well as areas that have not been graded and/or cleared and grubbed within the limits of work from erosion. The Contractor shall provide temporary earth berms, gravel bags, silt fences, stabilized construction entrances and similar measures, coordinated with its construction procedures, as necessary.and as shown on the plans to control on site and off site erosion during the construction period. The Contractor, will be required to protect areas which have been cleared and grubbed prior to excavation or embankment operations, and which are subject to runoff during the duration of the contract. The criteria used to determine the appropriate erosion control measures shall be the "Best Management Practices", hereinafter BMP, defined and described in the, "Stormwater Best Management Practices Handbook, Construction", January 2003 edition as published by the California Stormwater Quality Association. The Contractor shall maintain a copy of the "Stormwater Best Management Practices Handbook, Construction", January 2003 edition on the . project site and shall conduct its operations in conformity to said Handbook. Temporary erosion control measures provided by the Contractor shall include, but not be limited to, the following: . a) Embankment areas, while being brought up to grade and during periods of completion prior to . final roadbed construction, shall be graded so as to direct runoff into impoundment areas within the limits of work where such runoff shall have pollutants removed by BMP methods . b) The Contractor shall provide protection by BMP measures to eliminate erosion and the siltation of downstream facilities and adjacent areas. These measures shall include, but shall not be limited to: temporary down drains, either in the form of pipes or paved ditches with protected outfall berms; graded berms around areas to eliminate erosion of embankment slopes by surface runoff; confined ponding areas to desilt runoff; and to desilt runoff. c) Excavation areas, while being brought to grade, shall be protected from erosion and the resulting siltation of downstream facilities and adjacent areas by the use of BMP measures. These measures shall include, but shall not be limited to, methods shown on the plans and described herein. • . Add the following section: 300-9.2.2 Payment. Full compensation for performing erosion control and water pollution control, conforming to the operational requirements herein, of the BMP and conforming to the requirements of the Federal Water Pollution Control Act, including the latest amendments thereto, which is not a part of the planned permanent work or included as a separate bid item shall be considered as included in the contract price bid for unclassified excavation, and no additional compensation will be Revised 10/08/03 Contract No. 3907 Page 97 of 114 Pages allowed therefore. . . 300-11 STONEWORK FOR EROSION CONTROL. 300-11.4 Payment, delete and replace,as follows: Rock protection will be.paid for at the lump sum contract Price Bid for rock protection, complete and in place, in accordance with the details and requirements of the plans and specifications. 300-12 ROCK SLOPE PROTECTION FABRIC. Add the following section; "-"'- ' 300-12.1 Preparation of Subgrade. Prior to placing rock slope protection fabric the Contractor shall clear the surfaces upon or against which rock slope protection fabric is to be placed of loose or extraneous material and sharp objects that may damage the fabric during installation. Equipment or vehicles shall not be operated or driven directly on the rock slope protection fabric. Rock slope protection fabric damaged during placement shall be replaced or repaired by the Contractor at its expense as directed by the Engineer. • -, ' • .1- * • " - ' - -'' • • Add the following section: •'•"•'• ••'•'••:' 300-12.2 Placement. The Contractor shall place rock slope protection fabric prior to placing rock slope protection: The Contractor shall grade surfaces to be covered by rock slope protection so as to provide full support for the fabric. Rock slope protection fabric shall conform to the provisions in Section 213-2, "Geotextiles," and shall be placed by the Contractor in accordance with the details shown on the plans and as specified herein. The Contractor shall handle rock slope protection fabric with care that it is not torn or stretched and place it in accordance with the manufacturer's recommendations, these specifications and as directed by the Engineer, The Contractor shall place and fit rock slope protection fabric loosely upon or against the surface to receive the fabric so that the fabric conforms to the surface without damage when the cover material is placed. Rock slope protection fabrics shall be joined, at the option of the Contractor, either with overlapped joints or stitched seams. When fabric is joined with overlapped joints, all adjacent borders of the fabric shall be overlapped not less than 610 mm (24"). The fabric shall be placed such that the fabric being placed shall overlap the adjacent section of fabric in the direction the cover material is being placed. When the fabric is joined by stitched seams, the fabric shall be stitched with yarn of a contrasting color. The size and composition of the yarn shall be as recommended by the fabric manufacturer. The number of stitches per 25 mm (1") of seam shall be 6 ± 1. The strength of stitched seams shall be the same as specified for the fabric, except when stitched seams are oriented up and down a slope the strength shall be a minimum of 80 percent of that specified for the fabric. Fabric damaged beyond repair, as determined by the Engineer, shall be replaced by the Contractor and no additional payment will be made therefore. Repairing damaged fabric shall consist of placing new^fabric over the damaged area. The minimum fabric overlap from the edge of the damaged area shall be 1 m (3') for overlap joints. If the new fabric joints at the damaged areas are joined by stitching, the stitched joints shall conform to the requirements specified herein. Damaged fabric that is suitable for repair, as determined by the Engineer, shall be repaired by the Contractor and no additional payment will be made therefore. • • Add the following section: 300.12.3 Measurement and Payment. Payment for rock slope protection fabric will be included in the unit and/or lump sum prices for items which have said fabric in their design and no additional payment will be made therefore! 300-13 STORM WATER POLLUTION PREVENTION PLAN Add the following section: . , . - .. Revised 10/08/03 Contract No. 3907 ' Page 98 of 114 Pages o 300-13.1 Storm Water Pollution Prevention Plan. As part of the storm water pollution prevention work, the Contractor shall prepare and submit Storm Water Pollution Prevention Plan, hereafter referred to as the "SWPPP,". The SWPPP shall conform to the requirements of the "Greenbook" Standard Specifications for Public Works Construction, the requirements in the California Storm Water Quality Association, Stormwater Best Management Practice Handbook, Construction ("Handbook"), the requirements of the Permit, the requirements in the plans and these supplemental provisions. ...'.. 300-13,1.1 SWPPP Document Within 15 calendar days after the execution of the contract, the Contractor shall submit 3 copies of the SWPPP to the Engineer, in accordance with Section 2-5.3.3 of these Special Provisions. Contractor will be provided the digital format for SWPPP to complete required sections. If revisions are required, as determined by the Engineer, the Contractor shall revise and resubmit the SWPPP within 15 days of receipt of the Engineer's comments and shall allow 5 days for the Engineer to review the revisions. Upon the Engineer's acceptance of the SWPPP, 3 additional copies of the SWPPP, incorporating the required changes, shall be submitted to the Engineer. In order to allow construction activities to proceed, the Engineer may conditionally approve the SWPPP while minor revisions are being completed. The objectives of the SWPPP shall be to identify pollution sources that may adversely affect the quality of storm water discharges associated with the project and to identify, construct, implement and maintain storm water pollution prevention measures, hereafter referred to as control measures, to reduce to the extent feasible pollutants in storm water discharges from the construction site both during and after construction is completed under this contract. The SWPPP shall incorporate control measures in the following categories: 1. Soil stabilization practices; . 2. Sediment control practices; 3. Wind erosion control practices; and 4. Non-storm water management and waste management and disposal control practices. Specific objectives and minimum requirements for each category of control measures are contained 'in the Handbook. The Contractor shall designate a Water Pollution Control Manager who will have the responsibilities outlined in the SWPPP. The SWPPP shall include, but not be limited to, the following items as described in the SWPPP: 1. Source Identification; 2. Erosion and Sediment Controls; ' 3. Non-Storm Water Management; 4. Waste Management and Disposal; 5. Maintenance, Inspection and Repair; 6. Training; ; . . • : 7. List of Contractors and Subcontractors; 8. Post-Construction Storm Water Management; 9. Preparer; . 10. Copy of the local permit; . ' 11. BMP Consideration Checklist; . 12. SWPPP Checklist; 13. Schedule of Values; and : 14. Storm Water Pollution Prevention Drawings. . • A•K Revised 10/08/03 Contract No. 3907 Page 99 of 114 Pages The Contractor shall amend the SWPPP, graphically and in< narrative form, whenever there is a change in construction, activities or operations which may affect the discharge of .significant quantities /*"*\ of pollutants to surface .waters, ground waters, municipal storm drain systems, or when deemed v_y necessary by the Engineer. The SWPPP shall also be amended if it is in violation of any condition of the Permit, or has not effectively achieved the objective of reducing pollutants in storrri water discharges. -Amendments shall show additional control measures or revised operations, including those in areas not shown in the initially accepted SWPPP, which are required on the project to control water pollution effectively. Amendments to the SWPPP shall be submitted for review and acceptance by the Engineer in the same manner specified for the initially accepted SWPPP. Accepted amendments shall be dated and logged, in the SWPPP. .Upon acceptance' of the amendment, the Go'ntractor shall implement the additional control measures or revised operations. The Contractor, shall keep a copy of the accepted SWPPP and accepted amendments at the project site. The SWPPP. shall be made available upon request of a representative of the Regional Water Quality Control Board, State Water Resources Control Board, U.S. Environmental Protection Agency or local storm water management agency. Requests by the public shall be directed to the Engineer. By June 15 of each year, the Contractor shall submit an annual certification to the Engineer stating compliance with the requirements governing the Permit. If the project is in non-compliance at any time, the Contractor shall make a.written report to the Engineer within 15 days of identification of non-compliance.. Add the following section: ... .-'.•.>.. .;•••; - • •• 300-13.1.3 Payment. Preparation, implementation and management of SWPPP shall be considered incidental to the items of work and no additional payment will be made therefore. • ' Add the following section: • 300-13.1.4 SWPPP Implementation. Upon, acceptance of the SWPPP, the Contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting and maintaining the control measures included in the SWPPP and any amendments thereto and for removing and disposing of temporary control measures. Unless otherwise directed by the Engineer or specified in these supplemental provisions, the Contractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension of work ordered in accordance with Section 6-3, "Suspension of Work". Requirements for installation, construction, inspection, maintenance, removal and disposal of control measures are specified in the "Handbook" and these supplemental provisions.: . • . • : .•'•••. . • ••• . .• > '. .;••" Soil stabilization practices and sediment control measures, including minimum requirements, shall be provided throughout the winter season, defined as between October 1 and April 30. Implementation of soil stabilization practices and sediment control measures for soil-disturbed areas of the project site shall be completed, except as provided for below, no later than 20 days prior to the beginning of the winter season or upon start of applicable construction activities for projects which begin either during or within 20 days of the winter season. -.- The Contractor shall implement, year-round and throughout the duration of the project, control measures included in the SWPPP for sediment tracking, wind erosion, non-storm water management and waste management and disposal. • ; The Engineer may order the suspension of construction operations, at the Contractor's cost, which create water pollution if the Contractor fails to conform to the requirements of this section as determined by the Engineer. ^^^^ Revised 10/08/03 Contract No. 3907 Page 100 of 114 .• -/• •: Pages . . . . / . K Add the following section: . 300-13.1.5 Maintenance. To ensure the proper implementation and functioning of control measures, the Contractor shall regularly inspect and maintain the construction site for the control measures identified in the SWPPP. The Contractor shall identify corrective actions and time frames to address any damaged measures or reinitiate any measures that have been discontinued. The construction site inspection checklist provided in the "Handbook" shall be used to ensure that the necessary measures are being properly implemented, and to ensure that the control measures are functioning adequately. The Contractor shall submit one copy of each site inspection record to the Engineer, within two days of the inspection. During the winter season, inspections of the construction site shall be conducted by the Contractor to identify deficient measures, as follows: 1., When the five-day rain probability forecast exceeds forty percent (40%). 2. After any precipitation which causes runoff capable of carrying sediment from the construction site; . 3. At 24 hour intervals during extended precipitation events; and 4. Routinely, at a minimum of once every week. :lf the Contractor or the Engineer identifies a deficiency in the deployment or functioning of an identified control measure, the deficiency shall be corrected by the Contractor immediately, or by a later date and time if requested by the Contractor and accepted by the Engineer in writing, but not later than the onset of subsequent precipitation events. The correction of deficiencies shall be at no additional cost to the City. SECTION 302 - ROADWAY SURFACING Add the following section: 302-11 ASPHALT PAVEMENT REPAIRS AND REMEDIATION Add the following section. 302-11.1 General. Asphalt pavement Repairs and Remediation shall consist of the repair and restoration of existing asphalt pavement. Repair of asphalt pavement shall consist of the saw cutting, removal and disposal of existing asphalt pavement in conformance with section 300-1.3, compaction of existing subgrade in conformance with section 301-1, grading and compaction of base material in conformance with section 301-2, application of grade SS-1h emulsified asphalt and the placement of asphalt concrete base and wearing courses as specified herein Add the following section. 302-11.2 Full Depth Asphalt Concrete Patch. Full depth asphalt concrete patch shall consist of removing asphalt concrete and/or aggregate base/subgrade to 300 mm (1') below existing asphalt surface and placing replacing the material so removed with asphalt concrete. The area shown on the plans or set forth in the bid item are for estimating purposes only, final quantity will be as measured in the field. The Engineer will designate and mark the final limits of the asphalt patch area by outlining the area to be patched. The Contractor shall cut such areas to straight lines in square or rectangular areas as marked. The area so cut shall have two of the sides at right angles to the direction of traffic. The excavated faces of the base/subgrade shall be straight and vertical. The .Contractor shall compact the upper 300mm (1') of subgrade to 95% relative compaction. A tack coat of SS-1h emulsified asphalt shall be applied uniformly to all asphalt to asphalt contact surfaces Revised 10/08/03 Contract No. 3907 . . Page 101 of 114 Pages at a rate of 0.25 L/m2 to 0.45 L/m2 (0.05 to O.IOgallons per square yard) in accordance with subsection .302-5.4, SSPWC The Contractor shall fill and compact areas designated to be removed with 300 mm (1.0') full depth.asphalt concrete. Asphalt concrete for full depth asphalt .concrete patch shall be B-AR-4000. The asphalt concrete so constructed shall have a finish surface and density conforming to subsection 302-5.6.2 SSPWC. ••-=••. , , , Add the following section. •* :'•'••'.••'••.• 302-11.3 Crack Sealing The Contractor shall wash, blow out and thoroughly dry all cracks designated to be sealed before installing .elastomeric sealant material. The Contractor shall dispose debris from crack cleaning outside the public way in accordance with Section 7-8.1, "Cleanup and Dust Control." The hot-melt rubberized asphalt shall be melted in a jacketed, double boiler type melting unit. Temperature of the heat transfer medium shall not exceed 245°C (475°F). Application of the hot-melt sealant shall be made with a pressure feed applicator or pour pot. Sealant shall be applied when the pavement surface temperature is greater than 4°C (40°F). Containers of hot-melt sealant shall be delivered to the job-site in unopened containers that are clearly marked with data showing the manufacturer's name, the product designation and the manufacturer's batch number and lot numbers. The level of the sealant shall be flush with the surface of the existing pavement. All excess sealant shall be removed from the crack with a minimum overlap onto adjacent pavement. Add the following section. 302-11.4. Measurement and Payment. Quantities of full depth asphalt concrete patch and crack sealing set forth irt the bid item are for estimating purposes only, final quantity will be as designated and measured in the field/The Engineer will designate and mark the limits of the Full depth.asphalt concrete patch and crack sealant application areas: Payment for emulsion-aggregate slurry treatments shall include post emergent herbicide treatment of the areas to receive for emulsion- aggregate slurry treatment. Full compensation for conforming to the requirements of constructing full depth asphalt concrete patch shall include but not be limited to: furnishing all labor, tools, equipment, and materials necessary for doing the work including, saw cutting and removing and disposing 300 mm (1') thick section of existing asphalt concrete, aggregate base/subbase and basement soil as designated by the engineer, placement of asphalt concrete, compaction of subbase and asphalt concrete, placement of SS-1h asphalt emulsion and all other work incidental to full depth asphalt concrete patch shall be considered as included in the contract unit price bid for full depth asphalt concrete patch and no additional compensation will be allowed therefore. Full compensation for conforming to the requirements of crack sealing shall include but not be limited to, furnishing all labor, materials, tools, equipment, and incidentals necessary to do the work. Crack cleaning, roadway clean up, application of sealant, removal of excess sealant and all other work incidental to crack sealing shall be considered as included in the contract unit price bid and no additional compensation will be. allowed therefore. • • , SECTION 306 - UNDERGROUND CONDUIT CONSTRUCTION 306-1 OPEN TRENCH OPERATIONS Add the following section: " • .^ .."••-. 306-1.1.7 Steel Plate Bridging - With a Non-Skid Surface. This section covers the use of steel plate bridging. The Contractor shall not employ the use or use steel plate bridging or trench plate that does not meet the requirements of this section both in application and circumstance of use. ., Add the following section: . -. . , Revised 10/08/03 V. Contract No. 3907 v Page 102 of 114 •-• Pages 306-1.1.7.1 Requirements for Use. Alternate construction methods that avoid the use of steel plate bridging shall be used by the Contractor unless otherwise approved by the Engineer. It is recognized that to accommodate excavation work, steel plate bridging may be necessary. All conditions for use of steel plate bridging set forth in the following requirements must be fulfilled as conditions of approval of the use of steel plate bridging. Consideration of steel plate bridging in the review process will take into account the following factors: -.. ' . 1. Traffic volume and composition. . 2. Duration of use of the steel plate bridging. 3. Size of the proposed excavation. 4. Weather conditions. The following formula shall be used to score the permitted use of steel plate bridging: PS = [ADT+EWL + DAYS + 10 X WEEKEND + 5 X NIGHTS + 20 X WEATHER + SPEED fkmh) + SLOPE X 100] X LANES 1000 ' ' 8 PS = [ ADT±EWL + DAYS + 10 X WEEKEND + 5 X NIGHTS + 20 X WEATHER + SPEED (moh) +'SLOPE X 100] X LANES , 1000 5 where: •. • PS = - plate score. ADT = average daily traffic as defined in the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement. EWL = equivalent wheel loads as defined in the Federal Highway Administration (FHWA) i Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement. DAYS . - total number of 24 hour periods during which the plates will be utilized at the site being considered. WEEKEND = , total number of Saturdays, Sundays and holidays that the plates will be utilized at the site being considered. NIGHTS = total number of overnight periods that the plates will be in place, exclusive of Saturday, Sunday and holiday nights. WEATHER = total number of 24-hour periods that the plates will be utilized at the site being considered when the possibility of rain exceeds 40 percent. SPEED = the design speed in kilometers per hour or miles per hour, as applicable in the formulae above, of the street where the plates are to be installed. This number shall not be reduced for construction zone speed reductions. SLOPE = the quotient of the vertical differential divided by the horizontal distance. The vertical and horizontal dimensions shall be measured at the locations spanning a : , distance of 15 m (50') up and downstream of the. position of the proposed steel . . plate bridging. LANES = the number of lanes where plates will be used. When the computed value of the plate score exceeds 50, steel plate bridging shall not be used unless, and at the sole discretion of the Engineer, the Engineer determines that no alternative method of construction is possible in lieu of using steel plate bridging or that other overriding considerations make the use of steel plate bridging acceptable. Alternatives considered to bridging shall include, but not be limited to, detouring traffic, construction detour routes, tunneling, boring and other methods of trenchless construction. Unless specifically noted in the provisions of the Engineer's approval, the use of steel plate bridging at each location so approved shall not exceed four (4) consecutive working days in any given week. Add the following section: . . /v•K Revised 10/08/03 Contract No. 3907 Page 103 of 114 ' Pages 306-1.1.7.2 Additional Requirements. . In all cases.when the depth of the trench exceeds the width of the steel plate bridging resting on each side of.the pavement adjacent to the trench, .safety regulations require or the Engineer determines that shoring is necessary to protect the health or safety of workers or the public the Contractor shall install shoring conforming to Section 7-10.4.1 of the Standard Specifications. The trench shoring shall be designed and installed to support the steel plate bridging and traffic loads. All approvals for design, substitution of materials or methods shall be submitted by the Contractor in accordance with all provisions of section 2-5.3 Shop Drawings and Submittals. The Contractor shall backfill and resurface excavations in accordance with section 306- 1.5. •)-..'. ••• Add the following section: 306-1.1.7.3 Installation. When backfilling operations of an excavation in the traveled way, whether transverse or longitudinal cannot be properly completed within a work day, steel plate bridging with a non-skid surface and shoring may be required to preserve unobstructed traffic flow. In such cases, the following conditions shall apply: a) Steel plate bridging when the plate score exceeds 50 is not allowed except when, at the sole discretion of the Engineer, it is approved as specified hereinbefore. b) Steel plates used for bridging must extend a minimum of 610 mm (2') beyond the edges of the trench. c) Steel plate bridging shall be installed to operate with minimum noise. When the use of steel plate bridging and shoring is approved by the Engineer, the Contractor shall install using either.Method (1) or (2) depending on the design speed of the portion of street where the steel plate-bridging is proposed for use. : •-.,..-. Method 1 [For speeds more than 70 Km/hr (45 MPH)]: The pavement shall be cold planed to a depth equal to the thickness of the plate and to a width and length equal to the dimensions of the plate. The cold milling shall produce a flat surface that the plate shall rest on with no horizontal or vertical movement. Horizontal gaps between-the unmilled pavement and the plate shall not exceed 25 mm (1") and shall be filled with elastomeric sealant material which may, at the contractor's option, be mixed with no more that 50%, by volume, of Type I aggregate conforming to the requirements of tables 203-5.2(6) and 203-5.3(A). : . ', "' - ' •- ,•'*'. • • . • * Method 2 [For speeds 70 Km/hr (45 MPH) or less]: "Approach plate(s) and ending plate (if longitudinal placement) shall be attached to the roadway and shall be secured against displacement by using two adjustable cleats that are no less than 50 mm (2") shorter than the width of the trench bolted to the underside of each plate and located within 150 mm (6") of the beginning and end of the trench for plates at the beginning and end of the trench, a minimum of two 300 mm long by 19 mm diameter (12" x %") steel bolts placed through' the plate and driven into holes drilled 300 mm (12") into the pavement section, or other devices approved by the Engineer. Subsequent plates shall be butted to each other. Fine graded asphalt concrete shall be compacted to form ramps, maximum slope 8.5% with a minimum 300 mm (12") taper to cover all edges of the steel plates. When steel plates are removed, the dowel holes in the pavement section shall be completely filled with elastomeric sealant material. At the Contractor's option, the methods required for Method 1 may be used. If the Contractor so elects/all requirements of Method 1 shall be used. The Contractor shall maintain/the steel plates, shoring, and asphalt concrete ramps and maintain_and restore the street surface during and after their use. -•••;•' Add the following section: ' ' 306-1.1.7.4 Materials. The minimal thickness of steel plate bridging.shall be as shown in Table 306-1.1.7.4(A) ; '•''"' ' '"' TABLE 306-1.1.7.4(A) REQUIRED PLATE THICKNESS FOR A GIVEN TRENCH WIDTH Revised 10/08/03 • Contract No. 3907 ''."•'. Page-104 of 114 «Pages Maximum Trench Width (1) 0.3m (10") 0.6 m (23") 0.8m (31") . 1.0m (41") 1.6m (63") Minimum Plate Thickness 13mm (V) 19mm (3/4") 22mm (7/8") ^_ 25mm (1") 32 mm (1 %") (1) For spans greater than 1.6 m (5'), a structural design shall be prepared by a registered civil engineer and submitted to the Engineer,for review and approval in accordance with section 2-5.3. Steel plate bridging shall be steel plate designed to support the HS20-44 truck loading per :CALTRANS Bridge Design Specifications Manual. The Contractor shall maintain a non-skid surface on the steel plate with no less than a coefficient of friction of 0.35 as determined by California Test Method 342. If a different test method is used, the Contractor may utilize standard test plates with known coefficients of friction available from the CALTRANS District 11 Materials Engineer to correlate skid resistance results to California Test Method 342. In addition to all other required construction signing, the Contractor shall install Rough Road (W33) sign with black lettering on an orange background in advance of steel plate bridging. Add the following section: 306-1.1.7.5 Measurement and Payment. Steel plate bridge materials including, but not limited to: steel plates, anchoring devices, cold milling, elastomeric sealant material, asphalt ramping and padding, sighage, placing, installation, removal, relocation, preparation and processing of shop drawings and submittals to support the use of steel plate bridging and all other materials, labor, supervision, overhead of any type or description will be paid for as an incidental to the work that the bridging is installed to facilitate. No separate payment for steel plate bridging will be made. No extension to contract time will be allowed for, or because of, the use of steel plate bridging. 306-1.2.4 Field Jointing of Reinforced Concrete Pipe, add the following. The Contractor shall provide Gasket-type joints for reinforced concrete pipe (watertight joints) where indicated on plans. 306-1.3.1 General, add the following: The Contractor shall install detectable underground utility marking tape 230 mm x75 mm (9" x 3") above each or, in the case of bundled underground conduit of the same type, the upper underground conduit being installed by the open trench method. The type and color of detectable underground utility marking tape shall conform to the requirements of section 207-25 et seq. 306-1.3.4 Compaction Requirements, delete Section 306-1.3.4 and replace with the following: The Contractor shall densify trench backfill to a minimum of 90 percent relative compaction except that in the top 300 mm (12") of the street right-of-way, compaction shall be 95 percent. 306-1.5 Trench Resurfacing. 306-1.5.1 Temporary Resurfacing. Delete the fourth and fifth paragraphs and substitute the following: Temporary bituminous resurfacing materials which are placed by the Contractor are for its convenience and shall be at no cost to the Agency. Temporary bituminous resurfacing materials shall be used in lieu of permanent resurfacing only when approved by the Engineer. When temporary bituminous resurfacing materials are used in lieu of permanent resurfacing it shall be removed and replaced with permanent resurfacing within 7 days of placement. No additional payment will be made for temporary bituminous resurfacing materials. The price bid for the associated conduit or Revised 10/08/03 Contract No. 3907 Page 105 of 114 Pages structure shall include full compensation for furnishing, placing, maintaining, removing, and disposing of such temporary resurfacing materials. ' 306-1.5.2 Permanent Resurfacing. Add the following: Except as provided in section 306-1.5.1, "Temporary Resurfacing," the Contractor shall perform permanent trench resurfacing within 24 hours after the completion of backfill and densification of backfill and aggregate base materials. 306-1.6 Basis of Payment for Open Trench Installation, add the following: Payment for utilities undergrounding which includes the utility trench for CATV and SDG&E and conduit for SDG&E's electric conversion shall be made on the basis of contract lump s'um price for utilities undergrounding and no other payments will be made. Cox Cable will supply and deliver conduits and fittings to be installed by the Contractor. Cox Cable will install enclosures. The Contractor will furnish and install 6.4 mm (%") nylon pull ropes in all conduit. , /**^\ SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATION 308-2 EARTHWORK AND TOPSOIL PLACEMENT 308-2.3.2 Fertilization and Conditioning Procedures, add the following: The Contractor shall cultivate the surface of all areas to be planted or hydroseeded by discing, ripping or scarifying the finish grade. After cultivation the Contractor shall clear the planting areas of stones to the depth of cultivation and shall be rake the planting areas to a smooth friable and plantable surface. The Contractor shall cultivate all planting areas, except slopes steeper than 3-1/2:1 (horizontal to vertical), to a depth of 300 mm (12"). The planting areas that are slopes steeper than 3-1/2:1, shall be cultivated to a depth of 150 mm (6"). Except for planting pits the cultivation depths are designated as the root area. Backfill for planting pits shall conform to the requirements of section 308-4.5. After surface preparation and application of any soil amendments the Contractor shall obtain a minimum of one test.for each soil property listed in Tables 308-2.3.2(A). and 308-2.3.2(6) from each median planter, at least one test per 150 m (500') from each parkway and for,each hectare (2.5 acres) of hydroseeded area and shall submit the results of said tests to the Engineer. The Contractor shal! then adjust ^he soil properties to the acceptable ranges of soil properties shown in Tables 3C, 2.3.2(A) and 308-2.3.2(6) using such materials and methods as may be necessary. Organic SLV amendment materials shall not be included in the samples used-to determine compliance to the. soil particle gradation requirements of Table 308-2.3.2(6). If adjustments are necessary the soil shall be tested by the Contractor after such adjustments for each soil property listed in Table 308-2.3.2(A) and 308-2.3.2(6) 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 surface and root area shall ^be evenly and thoroughly moistened to no less than 75 percent of field capacity. 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. . - •. • - , TABLE 308-2.3.2(A) SOIL PROPERTIES . Soil Property PH Dissolved Salts (ECe) Acceptable Range 6. 5 to 7.3 <4.0dSnT1 Test Method Saturation Paste pH Saturation Paste Soluble Salts Repeatability Range of Test ±0.1 pH ± 7% 'o Revised 10/08/03 Contract No. 3907 Pages .Page 106 of 114 Liquid Limit |N/Ato30 I ASTM D 423 I ± 2 Plasticity Index |NPto10 JASTMD424 \±2 TABLE 308-2.3.2(B) SOIL PARTICLE GRADATION Sieve Siize 19 mm(3/4") 9.5 mm (%") 4.75 mm (No. 4) 1.89 mm {No. 10) 475 ixm (No. 40) 75 fim (No. 200) Percent Passing 100 95-100 60-85 40-75 35-70 30-70 For areas to receive planting of all types, excluding only hydroseeding, the Contractor shall amend the prepared soil by blending 200 g of 7-7-7 fertilizer per square meter (40 Ibs. per 1,000 square feet) into the top 150 mm (6") of soil after the completion of adjustment of soil properties and acceptance of the planting area by the Engineer. The Contractor shall apply post-plant 12-4-6 fertilizer at the rate of 20 pounds per 1,000 square feet, 30 days after planting and every 30 days through the end of the maintenance period. 308-2.4 Finish Grading., add following: The Contractor shall prepare the finish grade in hydrbseed slope areas with a moderately rough texture to provide a suitable surface for adherence of the hydroseed mix.. . 308-4 PLANTING. 308-4.1 General, add the following: The Contractor shall. perform actual planting during those periods when weather and soil conditions are suitable and in accordance with locaNy accepted horticultural practice and as approved by the Engineer. No planting shall be done in any area until it has been satisfactorily prepared in accordance with these specifications. Soil moisture level prior to planting shall be no less than 75 percent of field capacity. The Contractor shall obtain the Engineer's approval of planting pits before planting operations begin. For pit planted vegetation when the soil rnc-isture level is found to be insufficient for planting, the Contractor shall fill the planting pits with water and allow them to drain before starting planting operations. No more plants shall be distributed in the planting area on any day than can be planted and watered on that day. The Contractor shall plant and water all plants as herein specified immediately after removal from their containers. Containers shall not be cut prior to placing the plants in the planting area. It shall be the responsibility of the Contractor to provide continuous horticultural services and temporary arid/or permanent irrigation to all planted and hydroseeded areas so that the planted and hydroseeded vegetation is 100 percent healthy and thriving prior to, and throughout the, landscape maintenance period. 308-4.2 Protection and Storage, add the following: The Contractor shall submit a sheltered and secure location for on-site plant storage area for the Engineer's approval prior to the delivery of any plant materials. Any plant determined by the Engineer to be wilted, broken, or 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. 308-4.3 Layout and Plant Location, modify as follows: Planting areas shall be staked by the Contractor and the Contractor shall obtain the Engineer's approval of the planting layout before planting operations begin. A*¥ Revised 10/08/03 Contract No: 3907 Page 107 of 114 Pages 308-4.5 Tree and Shrub Planting, add the following: The Contractor shall amend the backfill for planting holes to a thoroughly blended mixture of clean loamy soil meeting the requirements of Tables 308-2.3.2(A) and 308-2.3.2(8) and then blend the amendments listed in Table 308-4.5(A) into the backfill for planting holes. TABLE 308-4.5(A) BACKFILL AND AMENDMENTS FOR TREE AND SHRUB PLANTING Soil Amendment Agricultural Gypsum Iron Sulfate - Calcium Carbonate Lime Organic Soil Amendment Planting Tablets1 Planting Tablets n Planting Tablets 1 Metric Application Rate 18 kg per cubic meter 600 g per cubic meter 6 kg per cubic meter 0.67 cubic meters per cubic meter 1 per 100 mm dia. pot container 2 per 19 liter container •'1 per each 50 mm width of each box-: size container " Approx. U.S. Application Rate 30 Ibs. per cubic yard 1 Ib. per cubic yard 10 Ibs. per cubic yard % cubic yards per cubic yard 1 per 4" dia. pot container 2 per 5 gal. container 1 per each 2" width of each box- size container ' Planting tablet requirements are not cumulative and apply to the.size container indicated Pruning shall be limited to the minimum necessary to remove injured twigs and branches, and to compensate for loss of roots during transplanting, but never to exceed one-tenth the branching structure: Pruning may be done only with the approval of,_and in the .presence of, the Engineer. Cuts over 19 mm (3/i") shall be painted with an approved tree wound paint. 308-4.6 Plant Staking and Guying, add the following: The Contractor shall install all boxed trees per drawings L-1 and L-2 of the San Diego Regional Standard Drawings unless details shown on the project plans differ therefrom.. , •. - 308-4.8.2(b) Method B. add the following: The Contractor shall prepare hydroseeding slurry on the job site. Slurry additives shall arrive.at the site in bags, sealed and properly identified by the manufacturer. All specified additives and water shall be. added on the job site at the rates .specified and shall be thoroughly mixed at the job site. The Contractor shall add seed to the slurry after the fiber mulch has been thoroughly incorporated: the Contractor shall .spray all areas with a uniform, visible coat using the green color of the mulch as a guide. The Contractor shall apply the slurry in a sweeping motion, in an arched stream so as to fall like rain allowing the mulch fibers to built on each other until a good coat is achieved and the material is spread, evenly, at the required rate per area. 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. Any slurry mixture which has not been applied to the planting areas within four (4) hours after mixing is be rejected and removed from the project at the Contractor's expense. Any slurry spilled into areas outside the limits of work shall be cleaned up at the Contractor's expense to the, satisfaction of the Engineer. .The Contractor shall assure that the site is properly prepared. The Contractor shall repair all tire ruts created by the equipment. Areas needing grading repair prior to hydroseeding shall be blended and floated to match surrounding grades. Areas having less than .80% plant coverage wjthjn 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. ,. . . ' . . . ' ;. ., ., Add the following section: . .. ... 308-4.8.3.1 Weed Eradication. The Contractor shall water all irrigated areas to be hydroseeded for three (3) weeks prior to hydroseeding to allow'for germination of the weed seeds. The Contractor shall spray all weeds with a post emergent herbicide immediately after the completion of the three Revised 10/08/03 Contract No. 3907 Pages . ..: 'Page .108 of 114 o week irrigation period. After two (2) weeks, the Contractor shall again eradicate the weeds and complete the preparation of the soil prior to the application of the hydroseed mixes. Add the following section, 308-4.10 Erosion Control Matting Installation Add the following section, 308-4.10.1 General. Before installation of erosion control matting the Contractor shall complete all soil preparation, fine grading, arid hydroseeding of the areas to receive erosion control matting. Add the following section: 308-4.10.2 Coordination with Hydroseeding. Erosion control matting shall be installed by the Contractor immediately after the first application of hydroseed materials. In all cases the Contractor shall place the erosion control matting within three days after the first hydroseed material application. Should any seed in the hydroseed materials begin to germinate within the three-day period after application or before the installation of the erosion control matting, the installation of the erosion control matting shall be considered as late and the Contractor shall disc the hydroseed materials into the top 100m (4") of the underlying soil, condition the soil for hydroseeding, apply hydroseeding materials at the rates and of the type specified and then install the erosion control matting. No additional payment will be made for second or subsequent hydroseed applications resulting from late installation of erosion control matting. Add the following section: 308-4.10.3 Installation. The Contractor shall install erosion control matting using the following techniques: , 1. Begin at the top of-the slope by placing the erosion control matting into a 150 mm (6") wide by 150 mm (6") deep trench with the end of the matting laid flat in the bottom of the trench 2. Anchor the end of the erosion control matting with erosion control mat staples spaced no more than 300 mm (12") on centers placed at the intersection of the bottom and the downhill vertical face of the trench. 3. Roll the erosion control matting down the slope. 4. Staple the erosion control matting on an alternating grid consisting of three across and two across lines of staples in horizontal lines spaced 900mm (3') on centers. 5. Erosion control mat so stapled shall be spaced such that no less than 1 % staples per square meter (1 !4 staples per square yard) are provided to anchor the erosion control matting. 6. Start the adjacent erosion control mat as in Item 1. of this section, overlapping the previously placed mat by no less than 50 mm (2"). 7. Staple placement may be such as to use the staples used to secure the adjacent mat to secure both mats along their edges. 308-5 IRRIGATION SYSTEM INSTALLATION. 308-5.1 General. add the following: The Contractor shall apply irrigation water as often and in sufficient amounts, as conditions may require, to germinate and establish the seed and keep the container plants healthy and growing. The Contractor shall lay out lines, valves, and other underground utilities and receive the approval of the Engineer before digging trenches. The Contractor shall be responsible for damages caused by its operations. Connections shall be made at approximately the locations shown on the drawings. The Contractor shall be responsible for unapproved changes. Permission to shut off any existing in-use water lines must be obtained 48 hours in advance, as to the date, time and exact length of time of each shut-off. The Contractor shall demonstrate that the entire irrigation system is under full automatic operation for a period of seven days prior to any planting. Revised 10/08/03 Contract No. 3907 . Page 109 of 114 Pages 308-5.2 Irrigation Pipeline Installation, add the following: The Contractorshall install all pressure main line piping from the irrigation system so as to maintain 3.1 m (10') minimum horizontal separation from all potable water piping. Where reclaimed and potable water pressure mainline piping cross, the reclaimed water piping shall be installed below the potable water piping, sleeved in a pressure rating of 200 PSI SDR 21 "Alertline" PVC sleeve which extends a minimum of 3.1 m (10') on either side of the potable water piping and be located to provide a minimum vertical clearance of 300 mm (12") between the reclaimed and potable water lines. Conventional (white) PVC pipe Schedule 40 may be used for sleeving material if it is taped'along its entire length with 75 mm (3") wide purple warning tape which reads "Caution Reclaimed Water". ; -.-..• For trenching through areas where topsoil has been spread, the Contractor shall deposit topsoil on one side of trench and subsoil on opposite side. Subsoil shall be free of all rocks 13 mm (1/2U) in diameter or larger, debris, and litter, prior to use as backfill. The Contractorshall repair any leaks and replace all defective pipe or fittings until lines meet test requirements. The Contractor shall not cover any lines until they have been inspected and approved by the Engineer for tightness, quality of workmanship, and materials. The Contractor shall not be backfill trenches until all required tests and 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 cover until used, and all pipe and fittings shall transported in a vehicle with a bed long enough to allow the length, of pipe to lay flat so as not to be subjected to undue bending or concentrated external load at any point. Pipe ends and fittings shall be wiped with MEK, or equal, before welding solvent is applied. Welded joints shall be given a minimum of 15 minutes to set before moving or handling. All 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: . ' 308-5.2.6 Installation of Brass Pipe. The Contractor shall cut brass piping by power hacksaw, circular cutting machine using an abrasive wheel, or hand hacksaw. No piping shall be cut with metallic wheel cutter of any description. The Contractor shall ream and remove rough edges or burrs on all pipe so that smooth and unobstructed flow is obtained, place Teflon tape, Teflon dope, or approved equal on male threads only, and tighten to prevent any leakage. The Contractor shall tighten screwed joints with.tongs or wrenches. Caulking is not permitted. • . ;', Add the following section: : . , ,. . H., . ' 308-5.3.1 Valves, add the following: .... .,-.-. The Contractor shall install each control valve in a separate valve box with a minimum of 300 mm (12") separation between valves and 150 mm (6") from any fixed object or structure. » Add the following section ••-".-. , , ; .. . 308-5.3.2 Valve Boxes. The Contractor shall install no more than one valve per box. All boxes are to be marked as to the type of valve. Remote control valve boxes shall also indicate control station number. . . Add the following section: ." " . . • 308-5.3.3 Backflow Preventer. The Contractor shall install backflow preventer assembly in accordance with manufacturer's specifications and -as directed on drawings. Exact .location and positioning shall be verified on-the site by the Engineer. . •-. -•'...-• O , Revised 10/08/03 Contract No. 3907 . /Page 110 of 114 : Pages •r ; ' . • • • all irrigation .heads and valves for optimum performance and to prevent overspray onto walks, roadways buildings, walls, and other structures. Add the following section: 308-5.4.5 Drip Assembly. The Contractor shall install drip emitter filter on the supply side of all electric pressure regulating control valve for all emitter systems. The Contractor shall install a flush valve on the discharge side of all drip laterals. 308-5.5 Automatic Control System Installation, add the following: The Contractor shall install all portions of the electrical installation with materials and methods conforming to the requirements of the 1996 National Electrical Code. The Contractor shall provide no less than one control wire and one .common ground wire to service each valve in system. 308-5.6.3 Sprinkler Coverage Test: add the following: This test shall be accomplished before any .ground cover is planted. 308-6 MAINTENANCE AND PLANT ESTABLISHMENT. Add the following: For hydroseeded areas, median planting and mitigation area, The Contractor shall maintain said areas for period of no - less than 120 days or until final acceptance of the project, whichever is the greater. Mowing is not required for hydroseeded areas. The Contractor shall provide complete landscape maintenance of all planted areas. The work shall include, but not be limited to, watering, litter control, weed control; stake repair, cultivating, supplementary fertilization, repair of irrigation systems, and control of diseases and pests. The Contractor shall submit a written plan to control weeds, disease, and pest infestations in the planting areas. The submittal shall conform to the requirements for shop drawings as specified in .section 2-5.3 et seq. of the specifications. The Engineer shall approve all methods and materials for such control^ Upon approval, the Contractor shall implement the control measures, exercising extreme caution in using pesticides and taking all steps to ensure the safety of the public. Only licensed personnel will be permitted to perform toxic spraying work. During the plant establishment period, the Contractor Shall furnish sufficient workers and equipment on a daily basis to perform the work required, by this section. Any day when the Contractor fails to adequately carry out specified maintenance work, as determined necessary by the Engineer, will not be credited as one of the plant establishment days. All planting areas which are damaged by construction shall be repaired by the Contractor within twenty (20) days following completion of construction in such. The Contractor shall repair such damaged areas. The repair shall consist of bringing the damaged area back to final grade, preparing the soil, replanting the area with the same vegetation as originally specified, and maintaining the area to achieve acceptable plant establishment. The Contractor shall provide temporary irrigation for hydroseeded areas for a minimum of 120 days to ensure adequate plant establishment. Towards the end of the maintenance period, the Contractor shall gradually reduce the amount of irrigation to allow plant adaptation to non-irrigated conditions. Upon the approval of the engineer, the temporary irrigation system shall be shut off at the end of the maintenance period. The hydroseeded areas must have their growth of 80% established and the coverage must be evenly successful over the entire hydroseeded area and adequate to prevent erosion no less than 30 days before the end of the maintenance period. Should, the coverage not be achieved the maintenance period shall be extended until the required coverage is achieved plus an additional 30 day period. The Contractor shall call for a final inspection 30 days before the end of the maintenance period, and at the end of the maintenance period. Failure to pass inspection will result in an extension, of. the maintenance period. The Contractor shall continue to provide maintenance for such time necessary to obtain conformance to the specifications. 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 0Revised 10/08/03 •• Contract No. 3907 Page 111 of 114 Pages and grow for a period of 30 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 the maintenance period within 5 days of discovery of such plant material. The Engineer shall be the sole judge as to the condition of theplant material. Plant material found to be dead or in poor condition within the guarantee period shall be replaced by the Contractor,,at its expense, within 15 days of written notification. Replacements shall be made to the same specifications required for the original plantings. The Contractor shall submit written vegetation, planting and irrigation guarantee in approved form that all work showing defects in materials or workmanship will be repaired or replaced at no cost to the Engineer for'a period of one year from the date of acceptance by the Engineer. The Guarantee form shall be retyped on the Contractor's letterhead and contain the following verbiage: "Guarantee For Vegetation, Planting and Irrigation System For (Project Name)' We hereby guarantee that the vegetation, planting and irrigation system we have furnished and installed for (project name) is free from defects in materials and workmanship, and the work has been completed in accordance with the drawings and specifications. We agree to repair or replace any defect in-vegetation, material or workmanship, including that due to ordinary wear and tear, which may develop during the periods specified in section 308-7 of the Standard Specifications,and the Special Provisions of said project from date of completion of the Work or termination of any maintenance period, whichever is the later, and also to repair or replace any damage resulting from the repairing or replacing of such defects at no additional cost to the Agency: * • : . . 777/s guarantee does not extend to unusual abuse or neglect that may occur subsequent to the date of completion of the Work or termination of any maintenance period, whichever is the later. We shall make such repairs or replacements within a reasonable time, as determined by the Engineer, after receipt of written notice. In the. event of failure to make such repairs or replacements within a reasonable time after receipt of written notice from the Engineer, we authorize-the Engineer to proceed, to have said repairs or replacements made at our expense, and we will pay the. costs and charges therefore upon demand. - • :.-..-• '••*-. Project: (ProjectName) .. , " , • ,...'.•. ..;>•-..... Location: (Legal Description of. Project Property) ..;.,. ^ ; ...'•' : Name of Contractor: . ••'.'. ' :: - Address: (Of Contractor) ...•••_ . • '. • . ' cv,~ . •..-: ... • ' ' , . •"" , ; . ' .. ' • • ', •" •'••;..(' • V •.. .- Telephone:: (Of Contractor) : i By: (Typed or printed names of signing Officer(s) of the Contractor authorized to bind the Contractor in legal matters), . . •; : . : . • / Title: (Of said officers)) • .. ,*:•>..• • , '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 shaO 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. Wheh 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 (™ j Revised 10/08/03 Contract No. 3907 Page 112 of 114 Pages 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 1.50 mm (6") in both the vertical and horizontal planes. All text and numerals placed on drawings shall be 0.30 mm (V8") 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 preventers d) Ball, gate and check valves - e) Irrigation control valves. f) Quick coupler valves g) ' Routing of service wires hj .Routing of control wires i) Electrical service equipment j) Electrical junction boxes k) Irrigation controllers I) Sleeves for future connections m) Other equipment of a similar nature (as directed by the Engineer). The Contractor shall keep the blue print drawings available for the Engineer's inspection at any time. The Contractor shall make all changes to reproducible drawings in waterproof black ink (no ball point pen). Changes in dimensions shall be recorded in a legible and professional manner. Record construction drawings shall be maintained at the job site during construction. The Contractor shall provide one set of mylar "record" drawings to the Engineer after submitting blueline prints of the proposed "record" drawings for, and obtaining their approval by, the Engineer. Add the following section: 308-7.2 Controller Chart. The Contractor shall prepare record drawings which shall be submitted to .the Engineer for approval by the Engineer before charts are prepared. The Contractor shall provide one controller chart of the maximum size the controller doorwill allow, for each controller supplied, showing the area covered by that automatic controller. The chart shall be a reduction of the actual record system drawing with a legend to explain all symbols. If the controller sequence is not legible when the drawing is reduced, The Contractor shall enlarge it to a size that will be readable when reduced. The Contractor shall photocopy the chart, with a pastel transparent color used to show area of coverage for each station. When completed and approved, the Contractor shall hermetically seal the chart between two pieces of plastic, each piece being a minimum 20 mils thick. The Contractor shall complete the charts and obtain the Engineers approval prior to final inspection of the irrigation system. Add the following section: 308-7.3 Operation and Maintenance Manuals. The Contractor shall prepare and deliver to the Engineer, within 10 calendar days prior to completion of construction, all required and necessary descriptive material in complete detail and sufficient quantity, 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 Revised 10/08/03 Contract No. 3907 Page 113 of 114 Pages the conclusion of the work that this service has been rendered. ~ "• Add the following section: - ••"-•" • -. v_y 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) ' ; • '' b) Materials approval • c) Pressure mainline test (by whom, and date) d) Record drawings completed (received by, and date) - e) Controller chart completed (received by, and date) f) Materials furnished (received by, and date) ; : g) Operation and maintenance manuals furnished (received by, and date) ' h) System and equipment operation instructions (received by, and date) i) 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-built" drawings, controller charts, assembly and submittal of the check list and operation and maintenance manuals and all appurtenances to the aforementioned items, as well as 120 days' maintenance and project guarantees. After completion of the project, the Engineer will retain $20,000 of the total contract amount, and will subsequently disburse the $20,000 to the Contractor on a monthly basis of $5,000 per month. The Engineer reserves the right to stop payment until all punch list submitted to the Contractor every month are completed. o Revised 10/08/03 ••••'' Contract No. 3907 • Page 114 of 114 -•' Pages APPENDIX A: VARIOUS STANDARD PLAN DRAWINGS o NO STANDARD DRAWINGS INCLUDED APPENDIX B: VARIOUS RESOURCE AGENCY PERMITS t^by: FEDERAL HIGHWAY ADMINISTRATION 916 498 5008;01/25/02 17:55; #724;Page 2/3 *un«» U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION CALIFORNIA DIVISION 980 Ninth Street, Suite «)f) Sacramento, CA. 95S14-2724 January 25, 2002 IN REPLY REFER TO HDA-CA File#:ll-SD-0-Carlsbad Rancho Santa Fe STPLF-5308(007) Document #: P38246 Mr. Pedro Orso-Delgado, Interim District Director Caltrans, District 11 P.O. Box 85406 San Diego. CA. 92186-5406 Attention: Kelly Dunlap, Associate Environmental Planner Dear Mr. Orso-Delgado: SUBJECT: RANCHO SANTA FE REALIGNMENT/BRIDGE REPLACEMENT FONSl We have reviewed the Environmental Assessment (EA) (received on January 22,2002) for the proposed Rancho Santa Fe realignment and bridge replacement in the City of Carlsbad, County of San Diego and have determined that a Finding of No Significant Impact (FONSl) is applicable. The design features as presented in the EA are conceptually approved. The original signed FONSi is enclosed. You may proceed with the notification to the State and area wide clearinghouse of the availability of this FONSL Should you have any questions, please contact Jeff Lewis, Senior Transportation Engineer at (916) 498-5035 or e-mail "jeff. lewis@fhwa.dot.gov." Sincerely, Michael G. Ritchie Division Administrator Enclosure o FEDERAL HIGHWAY ADMINISTRATION FINDING OF NO SIGNIFICANT IMPACT FOR Proposed Rancho Santa Fe Realignment and Bridge Replacement Project City of Carlsbad In San Diego County The Federal Highway Administration (FHWA) has determined thai the proposed Rancho Santa Fe realignment and bridge replacement project will have no significant impact on the human environment. This Finding of No Significant Impact is based on the attached Environmental Assessment (EA) and incorporated technical reports, which have been independently evaluated by the FHWA and determined to adequately and accurately discuss the need, environmental issues, and impacts of the proposed project and appropriate mitigation measures. These documents provide sufficient evidence and analysis for determining that an Environmental Impact Statement (EIS) is not required. The FHWA assumes responsibility for the accuracy, scope, and content of the attached EA and incorporated technical reports. Jeffrey. W. Kolb Date Chief. District Operations - South DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS SAN DIEGO FIELD OFFICE 16885 WEST BERNARDO DRIVE, SUITE 300A SAN DIEGO, CALIFORNIA 92127 REPLYTO August 24,2000 Office of the Chief, . ...... Regulatory Branch ,- : City of Carlsbad ; , - ',v ; . ATTNT: Mn Dave Hansen '-'-,.. . . . . ,; • ,- Deputy City Engineer . : Engineering Department . 2075 Las Palmas Court , '.. - .,, ; -,,.... . , Carlsbad, California 92009 File Number: 200001251 . ' . >\. •••'•'. -\ Gentlemen: This is in reply to your May 19,2000 letter concerning your proposal to widen and realign a section of Rahcho Santa Fe Road from approximately 100 feet south of the La Costa Avenue/Rancho Santa Fe Road intersection to approximately 100 feet north of the Melrose Drive/Rancho Santa Fe Road intersection. This project is part of the City of Carlsbad's General Plan to upgrade Rancho Sata Fe Road to meet its designation as a Prime Arterial Roadway and affects a portion of San Marcos Creek and its tributaries in the City of San Marcos, San Diego County, California. This project includes the relocation of a sanitary sewer line from the old bridge structure to a location under San Marcos Creek in the footprint of the construction disturbance area for the new bridge. The Corps has determined that your proposed activity complies with the terms and conditions of nationwide permit NW14 for fills for roads crossing waters of the United States (including wetlands and other special aquatic sites) and encompasses three separate locations with permanent impacts of 0.5,0.27 and 0.15 respectively. Additionally, the Corps has determined that your proposed activity complies with the terms and conditions of the nationwide permits NW12 for utility line discharges (0.04 of an acre of impact) lying within the foot print at the San Marcos Creek Bridge site, NW 18 for minor discharges (0.01 acre of permanent impact) and NW 33 temporary construction access and dewatering for roads crossing waters of the United States (including wetlands and other special aquatic sites) encompasses two separate descriptions with temporary impacts of 1.18 acres. - ; You must comply with all terms and applicable conditions (regional, general, 404 only, and 401 conditions) described in Enclosure 1 and complete the compliance statement (Enclosure 2). o -2- Furthermore, you must comply with the following Special Condition(s): 1. The permittee shall abide by any special conditions stated in the Section 401 Water Quality Certification or waiver from the California Regional Water Quality Board and/or the Section 1601 Streambed Alteration Agreement from the California Department of Fish and Game. 2. The permittee shall compensate for impacts to waters of the U.S, including wetlands by restoring and/or enhancing at least 231 acres of riparian habitat within the San Marcos Creek watershed as close to the impact area as is feasible. This acreage is estimated using a minimum ratio of 3:1 for impacts to Southern Willow Scrub and disturbed wetlands and a 1:1 ratio for impacts to unvegetated ephemeral waters. Prior to initiating construction of Ranchp Santa Fe Road Realignment and widening project, the permittee shall submit to the Corps a mitigation plan consistent with the Los Angeles District Habitat Mitigation and Monitoring Proposal Guidelines, dated June 1993. The permittee shall obtain final written approval of their mitigation plan from the Corps prior to construction of the Rancho Santa Fe Road Realignment and widening project. 3. The permittee! shall develop a Biological Mitigation and Monitoring Plan, which identifies the location, duration, and method for a monitoring program, success standards, and contingency measures. The permittee shall obtain written approval of this plan from the Corps of Engineers prior to initiation of construction. 4. The permittee shall submit to the Corps annual written progress reports on the mitigation area in accordance with the approved plan. These reports shall include photographic documentation of the mitigation area. Five years after the project is completed, the permittee shall submit to the Corps a report documenting the degree of revegetation of the site. If the mitigation area(s) have not achieved the criteria stated in the approved mitigation plan the permittee shall reevaluate the soil, vegetative, and hydrologic conditions of the mitigation area to determine what remedial actions need to be taken. Following implementation of appropriate corrective actions, the permittee shall replant the project site with native wetland and riparian vegetation and monitor until the stated success criteria are achieved. 5. The permittee shall employ all standard Best Management Practices to ensure that toxic material, silt, debris or excessive erosion do not enter S^n Marcos Creek during project construction. 6. The permittee shall ensure that all vehicles maintenance, staging, storage and dispensing of fuel occurs in designated upland areas. The permittee shall ensure that these designated upland areas are located in such a manner as to prevent any runoff from entering waters of the U.S. -3-o 7. The permittee shall remove all excess fill and/or construction debris, temporary fill or structures used for access and dewatering for construction purposes, and equipment from me site immediately upon completion of construction. , , 8. Prior to onset of construction /excavation, the permittee shall provide the contractor(s) with a copy of this permit. The contractor shall read and agree to comply with all conditions herein. 9. Disturbed slope areas in the vicinity of any jurisdictional waters of the U.S. Shall be stabilized using jute netting or other appropriate means, and revegetated withnative vegetation prior to me onset of the first winter rains following construction, so as to minimize sedimentation and related impacts to the drainage. ;-.;... 10. The permittee shall provide notification, either written or verbal, to the Corps of Engineers at least one week prior to the start of work as to the anticipated beginning and ending , dates of construction. . 11. A copy of the permit shall be on the job site at all times during construction. The permittee shall provide a copy of this permit to all onsite contractors), subcontractors) and forepersons(s). The permittee shall require that all such contractor(s), subcontractors) s»n*\ and forepersons(s) read this authorization in its entirety prior to initiation of the project V / and ensure that all appropriate permit conditions are implemented as intended. 12. Implementation of the mitigation plan shall be initiated as a point when the continued development of the site would not impinge upon the potential viability of the installed mitigation. Implementation of the mitigation should be timed to take advantage of the cool winter wet season. 13. .Within 45 days of completion of the project, the permittee shall submit to the. Corps of .Engineers: . . • -.-'_ _ • a. Photographs taken at the project site before, during and after Construction for those aspects significant to impacts to waters of the U.S,;-and b. One copy of "as built'' drawings. • • •'.•'•"• This letter of verification is valid for a period not to exceed two years unless the nationwide permit is modified, reissued, or revoked before that time. It is incumbent upon you to remain informed of changes to the nationwide permits. A nationwide permit does not grant any property rights or exclusive .privileges. Also, it does not authorize any injury to the property or rights of others or authorize interference with any existing or proposed Federal project. Furthermore, it does not obviate the need to obtain other Federal, state, or local authorizations required by law. O -4- Thank you for participating in our regulatory program. If you have questions, please contact Karon MMarzec at (858) 674-5384. Sincerely, Enclosures Mark Durham Chief, South Coast Section Regulatory Branch -1- LOS ANGELES DISTRICT U.S. ARMY CORPS OF ENGINEERS CERTIFICATION OF COMPLIANCE WITH DEPARTMENT OF THE ARMY NATIONWIDE PERMIT Permit Number: 200001251 Date of Issuance: August 24,2000 Name of Permittee: City of Carlsbad City of Carlsbad Engineering Department 2075 Las Palmas Court Carlsbad, California 92009 Upon completion of the activity authorized by this permit, sign this certification and return it with an original signature to the following address: US. Army Corps of Engineers ATTENTION: Regulatory Branc^ (200001251) P.O. Box 532711 Los Angeles, California 90053-2325 Please note that your permitted activity is subject to a compliance inspection by a Corps of Engineers' representative. If you fail to comply with these Nationwide permits you may be subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced Nationwide permit has been completed in accordance with the terms and conditions of said permit. Signature of Permittee Date NATIONWIDE PERMIT NUMBER NW12, NW14, NW18, and NW33 TERMS AND CONDITIONS i. Nationwide Pennit NW12, NWU, NW18, and NW33 Terms: Your activity is authorized under NW12, NW14, NW18 ,and NW33 subject to the following terms: Nationwide Number 12: Utility Lien Discharges. Discharges of dredged of fill material associated with excavation, backfill or bedding for utility lines, including outfall and intake structures) provided there is no change in preconstruction contours. A "utility line "is defined as any pipe or pipeline for the transportation of any gaseous, liquid, liquefiable, or slurry substance, for the purpose/and any cable, line, or wire for the transmission for any purpose of electrical energy, telephone and telegraph messages/and radio and television communication. The term "utility line" does not apply to pipes conveying drainage from another area. This NWP authorizes mechanized land clearing necessary for the installation of utility lines, including overhead utility lines, provided the cleared area is kept to the minimum necessary and preconstruction contours are maintained. -However, access roads, temporary or permanent, or foundations associated with overhead utility lines, are not authorized by this NWP. Material resulting from, trench excavation may be temporarily sidecast (up to three months) into waters of the United States, provided that the material is not placed in such a manner that it is dispersed by currents or other forces. The DE may extend the period of temporary side-casting not to exceed a total of 180 days, where appropriate. The area of waters of the United States that is disturbed must be limited to the minimum necessary to construct the utility line. In wetlands the top 6" to 12" of the trench should generally be backfilled with topsoil from the trench. Excess material must be removed to upland areas immediately up completion of construction. Any exposed slopes and stream banks must be stabilized immediately upon completion of the utility line. (See 33 CFR Part 322). Notification: The permittee must notify the district engineer in accordance with the "Notification" general condition, if any of the following criteria are net: a. Mechanized land clearing in a forested wetland; b. A Section 10 permit is required for the utility line; c. The utility line is waters of the united States exceeds 500 feet; or, d. The utility line is placed within a jurisdictional area (i.e., a water of the United States), and it runs parallel to a streambed that is within that jurisdictional area. (Section 10 and 404) Nationwide Number 14: Road Crossings. Fills for roads crossing waters of the United States (including wetlands and other special aquatic sites) provided the activity meets all of the following criteria: a. The width of the fill is limited to the minimum necessary for the actual crossing; ' • . - ..am.. b. The fill placed in non-tidal waters of the United States is limited to a filled area of no more than 1/2 acre for each separate and distinct crossing. c. The crossing is culverted, bridged or otherwise designed to prevent the restriction of, and to withstand, expected high flows and tidal flows, and to prevent the restriction of low flows and the movement of aquatic organisms; : . d. The crossing, including all attendant features, both temporary and permanent, is part of a single and complete project for crossing of a water of the United States; and, e. For fills in special aquatic sites, including wetlands, the permittee notifies the District Engineer in accordance with the "Notification" general condition. The notification must also include a delineation of affected special aquatic sites, including wetlands. This NWP may not be combined with NWP18 or NWP 26 for the purpose of increasing the footprint of the road crossing. Some road fills may be eligible for an exemption from the need for a Section 404 permit altogether (see 33 CFR 3234): Also, where local circumstances indicate the need, District Engineers will define the term "expected high flows" for the purpose of establishing applicability of this NWP. (Sections 10 and 404) Nationwide Number 18: Minor Discharges. Minor discharges of dredged'or fill material into all waters of the United States provided that the activity meets all of the following criteria: • a. The quantity of discharged material and the volume of excavated area does not exceed 25 cubic yards below the plane of the ordinary high water mark or the high tide •line; . ' •: - . b. The discharge, including any excavated area, will not cause the loss of more than 1/10 acre of a special aquatic site, including wetlands. For the purposes of this NWP, the acreage limitation includes the filled area and excavated area plus special aquatic sites that are adversely affected by flooding and special aquatic sites that are drained so that they would no longer be a water of the United States as a result of the project; c. If the discharge, including any excavated area, exceeds 10 cubic yards below the plane of the ordinary high water mark or the high tide line or if the discharge is in a special aquatic site, including wetlands, the permittee notifies the District Engineer in accordance with the "Notification" general condition. For discharges in special aquatic sites, including wetlands, the notification must also include a delineation of affected special aquatic sites, including wetlands (Also see 33,CFR 330.1(e)); and d. The discharge, including all attendant features, both temporary and permanent, is part of a single and complete project and is not placed for the purpose of a stream diversion. e. This NWP cannot be used inL conjunction with NWP 26 for any single and complete project. (Sections 10 and 404) Nationwide Number 33: Temporary Construction, Access and Dewatering. Temporary structures, work and discharges, including cofferdams, necessary for construction activities or access fills or dewatering of construction sites; provided that the associated primary activity is authorized by the Corps of Engineers or the U.S. Coast Guard, or for other construction activities not subject to the Corps or U.S. Coast Guard regulations. Appropriate measures must be taken to maintain near normal downstream flows and to minimize flooding. Fill must be of materials, and placed in a manner, that will not be eroded by expected high flows. The use of dredged material may be allowed if it is determined by the District Engineer that it will not cause more than minimal adverse effects on aquatic resources. Temporary fill must be entirely removed to upland areas, or dredged material returned to its original location, following completion of the construction activity, and the affected areas must be restored to the pre-project conditions. Cofferdams cannot be used to dewater wetlands or'other aquatic areas so as to change their use. Structures left in place after cofferdams are removed require a Section 10 permit if located in navigable waters of the United States. (See 33 CFR Part 322). The permittee must notify the District Engineer in accordance with the "Notification" general condition. The notification must also include a restoration plan of reasonable measures to avoid and minimize adverse effects to aquatic resources. The District Engineer will add special conditions, where necessary, to ensure that adverse environmental effects are minimal. Such conditions may include: limiting the temporary work to the minimum necessary; requiring seasonal restrictions; modifying the restoration plan; and requiring alternative construction .methods (e.g., construction mats in wetlands where practicable.). (Sections 10 and 404) 2. Nationwide Permit General Conditions A. The following general conditions must be followed in order for any authorization by a NWP to be valid: 1. Navigation. No activity may cause more than a minimal adverse effect on navigation. 2. Proper Maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to ensure public safety. 3. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. • '. .' 4. Aquatic Life Movements. No activity may substantially disrupt the movement of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. Culverts placed in streams must be installed to maintain low flow conditions. " 5. Equipment. Heavy equipment working in wetlands must be placed on mats, or other measures must be taken to minimize soil disturbance. 6. Regional and Case-By-Case Conditions. The activity must comply with any regional conditions that may have been added by the division engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the State or tribe in its Section 401 water quality certification and Coastal Zone Management'Act consistency determination. 7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System; or in a river officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an official study status; unless the appropriate Federal agency, with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation, or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency in the area (e.g.. National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). 8. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 9. Water Quality. . (a) In certain States and tribal lands an individual 401 water quality certification must be obtained or waived (See 33 CFR 330.4(c)). (b) For NWPs 12,14,17,18, 32, 39,40,42,43, and 44, where the State or tribal 401 certification (either genetically or individually) does not require or approve a water,quality management plan, the ( ) permittee must include design criteria and techniques that will ensure that the authorized work does not result in more than minimal degradation of water quality. An important component of a water quality management plan includesstormwater management that minimizes degradation of the downstream aquatic system, including water quality. Refer to General Condition 21 for stormwater management requirements. Another important component of a water quality management plan is the - - • establishment and maintenance of vegetated buffers next to open waters, including streams.; Refer to : ;. General Condition 19 for vegetated buffer requirements for the^NWPs. 10. Coastal Zone Management. In certain states, an individual state coastal zone management consistency concurrence must be obtained or waived (see Section 330.4(d)). • 11. Endangered Species, ' ' ' f ' (a) No activity is authorized under any NWP which is likely to jeopardize the continued existence of a "• threatened or endangered species or a species proposed for such designation, as identified under the ':.. Federal Endangered Species Act, or which will destroy or adversely modify the critical habitat of such , •-• species. Non-federal.permittees shall notify the District Engineer if any listed species or designated •critical habitat might be affected or is in the vicinity of the project, or is located in the designated critical Habitat and shall'not begin work on the activity until notified by the District Engineer that the • requirements of the Endangered Species Act have been satisfied and that the activity is authorized. For •••' • activities that may affect Federally-listed endangered or -threatened species of designated critical '-.-. '" habitat, the notification must include the name(s) of the endangered or threatened species that may be affected by the proposed work or that utilize the designated critical habitat that may be affected by the .proposed work. As a result of formal or informal consultation with the FWS or NMFS, the District Engineer may add species-specific regioriaTendangered species conditions to the NWPs. (b) Authorization of an activity by a nationwide permit does not authorize the "take" of a' threatened or endangered species as defined under the Federal Endangered Species Act. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the U.S. Fish and Wildlife Service or the National Marine Fisheries Service, both lethal and . non-lethal "takes" of protected species are in violation of the Endangered Species Act. Information on the location of threatened and endangered species and their critical habitat can be obtained directly from,the offices of .the U.S. Fish(and Wildlife Service and National Marine Fisheries Service or their .,-.,.. world wide web pages at http://www.fWs.gpv/r9endspp/endspp.html and ,, http://www.nmfs.gov/prot_res/esahome.html/respectively. 12. Historic Properties. No activity which may affect historic properties listed, or eligible for listing, in the National Register of Historic Places is authorized, until the DE has complied with the provisions of 33 CFR Part 325, Appendix C. The prospective permittee must notify the District Engineer if the authorized activity may affect any historic properties listed, determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on the.National Register of Historic Places, and shall not begin , the activity, until notified by the District Engineer that the requirements of the National Historic .Preservation Act have been satisfied and that the activity is authorized. Information on the location and existence of historic resources can be obtained from the State Historic Preservation Office and the National Register of Historic Places (see 33 CFR 330.4(g)). For activities that may affect historic properties listed in, or eligible for listing in, the National Register of Historic Places, the notification must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the ; ' historic property. , 13. Notification. . .,. • . . , • .- • (a) Timing: Where required by the terms of the NWP, the prospective permittee must notify the ,, •;.. . ^District Engineer with a preconstruction notification (PCN) as early as possible. The District Engineer must determine if the PCN is complete within 30 days of the date of receipt and can request the K additional information necessary to make the PCN complete only once. However, if the prospective , permittee does not provide all of the requested information, then the District Engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process-will not commence until all of the requested information has been received by the District Engineer. The prospective •permittee shall not begin the activity: •-,: (1) Until notified in writing by the District Engineer that,the activity may proceed under the NWP with any special conditions imposed by the District or Division Engineer; or . : (2) If notified in writing by the District or Division Engineer that an individual permit is required; Pr • ' r. . . • •...-.- (3) Unless 45 days have passed from the District Engineer's receipt of the complete notification and the prospective permittee has not received written notice from the District or Division Engineer. Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Notification: The notification must be in writing and include the following information: (I) Name, address, and telephone numbers of the prospective permittee; . (2) Location of the proposed project; (3) Brief description of the proposed project; the project's purpose; direct and indirect adverse environmental effects the project would cause; any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity; and (4) For NWPs 7,12,14,18,21,34,38,39,40,42, and 43, the PCN must also include a delineation of affected special aquatic sites, including wetlands, vegetated shallows (e.g., submerged aquatic vegetation, seagrass beds), and riffle and pool complexes (see paragraph 13(f)); (5) For NWP 7, Outfall Structures and Maintenance, the PCN must include information regarding the original'design capacities and configurations of those areas of the facility where maintenance dredging or excavation is proposed. • (6) For NWP 14, Linear Transportation Crossings, the PCN must include a compensatory mitigation proposal to offset permanent losses of waters of the United States and a statement describing how temporary losses of waters of the United States will be minimized to the maximum extent practicable. • (7) For NWP 21, Surface Coal Mining Activities, the PCN must include an Office of Surface Mining (OSM) or state-approved mitigation plan. • (8) For NWP 27, Stream and Wetland Restoration, the PCN must include documentation of the prior condition of the site that will be reverted by the permittee. (9) For NWP 29, Single-Family Housing, the PCN must also include: (i) Any past use of this NWP by the individual permittee and/or the permittee's spouse; (ii) A statement that the single-family housing activity is for a personal residence of the permittee; . (iii) A description of the entire parcel, including its size, and a delineation of wetlands. For the purpose of this NWP, parcels of land measuring 1 /4 acre or less will not require a formal on-site delineation. However, the applicant shall provide an indication of where the wetlands are and the amount of wetlands that exists on the property. For parcels greater than 1/4 acre in size, a formal wetland delineation must be prepared in accordance with the current method required by the Corps. (See paragraph 13(f)); (iv) A written description of all land (including, if available, legal descriptions) owned by the prospective permittee and/or the prospective permittee's spouse, within a one mile radius of the parcel, in any form of ownership (including any land owned as a partner, corporation, joint tenant, co-tenant, or as a tenant-by-the-entirety) and any land on which a purchase and sale agreement or other contract for sale or purchase has been executed; (10) For NWP 31, Maintenance of Existing Flood-Control Projects, the prospective permittee must either notify the District Engineer with a PCN prior to each maintenance activity or submit a five year (or less) maintenance plan. In addition, the PCN must include all of the following: . (i) Sufficient baseline information so as to identify the approved channel depths and configurations and existing facilities. Minor deviations are authorized, provided the approved flood control protection or drainage is not increased; (ii) A delineation of any affected special aquatic sites, including wetlands; and, (iii) Location of the dredged material disposal site. (II) For NWP 33, Temporary Construction, Access, and Dewatering, the PCN must also include a restoration plan of reasonable measures to avoid and minimize adverse effects to aquatic resources. (12) For NWPs 39,43, and 44, the PCN must also include a written statement to the District Engineer explaining how avoidance and minimization of losses of waters of the United States were achieved on the pjroject site. 13) For NWP 39, Residential, Commercial, and Institutional Developments, the PCN must include a compensatory mitigation proposal that offsets unavoidable losses of waters of the United States or justification explaining why compensatory mitigation should not be required. (14) For NWP 40, Agricultural Activities, the PCN must include a compensatory mitigation proposal to offset losses of waters of the United States. (15) For NWP 43, Stormwater Management Facilities, the PCN must include, for the construction .of new stormwater management facilities, a maintenance plan (in accordance with State and local requirements, if applicable) and a compensatory mitigation proposal to offset losses of waters of :. : the United States. •..•-' ' .%••• •-.-'• . . " (16) For NWP 44, Mining Activities, the PGN must include a description of all waters of the United States adversely affected by the project, a description of measures taken to minimize adverse effects to waters of the United States, a description of measures taken to comply with the criteria of the NWP, and a reclamation plan (for aggregate mining activities in isolated waters and non-tidal wetlands adjacent to headwaters and any hard rock/mineral mining activities). " - (17) For activities that may adversely affect Federally-listed endangered or threatened species, the PCN must include the name(s) of those endangered or threatened species that may be affected by the proposed work or utilize the designated critical habitat that may be affected by. the proposed . work. , ' • ' • (18) For activities that may affect historic properties listed in, or eligible for listing in, the National Register of Historic Places, the PCN must state which historic property may be affected by the proposed work or include a vicinity map indicating,the location of the historic property. (19) For NWPs 12,14,29, 39,40,42,43, and 44, where the proposed work involves discharges of dredged or fill material into waters of the United States resulting in permanent, above-grade fills within 100-year floodplains (as identified on FEMA's Flood Insurance Rate'Maps or FEMA- approved local floodplain maps), the notification must include documentation demonstrating that the proposed work complies with the'appropriate FEMA or FEMA-approved local floodplain construction requirements. (c) Form of Notification: The standard individual permit application form (Form ENG 4345) may be used as the notification but must dearly indicate that it is a PCN and must include all of the information required in (b) (1)-(19) of General Condition 13. A letter containing the requisite information may also beused. - (d) District Engineer's Decision: In reviewing the PCN for the proposed activity, the District Engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest. The prospective permittee may, optionally, submit a proposed mitigation plan with the PCN to expedite the process and the District Engineer will consider any proposed compensatory mitigation the applicant has included in the proposal in determining whether the net adverse environmental effects to the aquatic environment of the proposed work are minimal. If the District Engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse effects on the aquatic environment are minimal, the District Engineer will notify the permittee and include any conditions the District Engineer deems necessary.. ' - • » Any compensatory mitigation proposal must be approved by the District Engineer prior to commencing work. If the prospective permittee is required to submit a compensatory mitigation 'proposal with the PCN, the proposal may be either conceptual or detailed: • If the prospective permittee elects to submit a compensatory mitigation plan with1 the PGN, the District Engineer will expeditiously review the proposed compensatory mitigation plan. The District Engineer must review the plan within 45 days of receiving a complete PCN and determine whether the conceptual or specific proposed mitigation would ensure no more than minimal adverse effects on the aquatic environment. If the net adverse effects of the project on the aquatic environment (after consideration of the compensatory mitigation proposal) are determined by the District Engineer to be minimal, the District Engineer will provide a timely written response to the applicant stating that the project can proceed under the terms and conditions of the nationwide permit. . . . . If the District Engineer determines that the adverse effects of the proposed work are more than minimal, then he will notify the applicant either: (1) that the project does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit; (2) that the project is authorized under the NWP subject to the applicant's submission of a mitigation proposal that would reduce the adverse effects on the aquatic environment to the minimal level; or (3) that the project is authorized under the NWP with specific modifications or conditions. Where the District Engineer determines that mitigation is required in order to ensure no more than minimal adverse effects on the aquatic environment, the activity will be authorized within the 45-day PCN period, including .the necessary conceptual or specific mitigation or a requirement that the applicant submit a mitigation proposal that would reduce the adverse effects on the aquatic environment to the minimal level: When conceptual mitigation is included; or a mitigation plan is required under item (2) above, no work in waters of the United States will occur until the District •Engineer has approved a specific mitigation plan. • (e) Agency Coordination: The District Engineer will consider any comments from Federal and State o o agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and . the need for mitigation to reduce the project's adverse effects on the aquatic environment to a minimal level. For activities requiring notification to the District Engineer that result in the loss of greater than 1 /2 acre of waters of the United States, the District Engineer will, upon receipt of a notification, provide immediately (e.g., via facsimile transmission, overnight mail, or other expeditious manner), a copy to the appropriate offices of the Fish and Wildlife Service, State natural resource or water quality agency, EPA, State Historic Preservation Officer (SHPO), and, if appropriate, the National Marine Fisheries Service. With the exception of NWP 37, these agencies will then have 10 calendar days from the date the material is transmitted to telephone or fax the District Engineer notice that they intend to provide substantive, site-specific comments. If so contacted by an agency, the District Engineer will wait an , additional 15 calendar days before making a decision on the notification. The District Engineer will fully consider agency comments received within the specified time frame, but will provide no response to the resource agency, except as provided below. The District Engineer will indicate in the administrative record associated with each notification that the resource agencies' concerns were considered. As required by Section 305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and Management Act, the District Engineer will provide a response to National Marine Fisheries Service within 30 days of receipt of any Essential Fish Habitat conservation recommendations. Applicants are encouraged to provide the Corps multiple copies of notifications to expedite agency notification, (f) Wetlands Delineations: Wetland delineations must be prepared in accordance with the current method required by the Corps. For NWP 29 see paragraph (b)(9)(iii) for parcels less than 1/4 acre in: ' size. The permittee may ask the Corps to delineate the special aquatic site. There may be some delay if the Corps does the delineation. Furthermore, the 45-day period will not start until the wetland delineation has been completed and submitted to the Corps, where appropriate. 14. Compliance Certification. Every permittee who has received a Nationwide permit verification from the Corps will submit a signed certification regarding the completed work and any required mitigation. The certification will be forwarded by the Corps with the authorization letter. The certification will include: a.) A statement that the authorized work was done in accordance with the Corps authorization, including any general or specific conditions; b.) A statement that any required mitigation was completed in accordance with the permit conditions; and c.) The signature of the permittee certifying the completion of the work and mitigation. 15. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is . prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3 acre. , • 16. Water Supply Intakes. No activity, including structures and work in navigable waters of the United States or discharges of dredged or fill material, may occur in the proximity of a public water supply intake except where the activity is for repair of the public water supply intake structures or adjacent bank stabilization. 17. Shellfish Beds. No activity, including structures and work in navigable waters of the United States or discharges of dredged or fill material, may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWP 4. . 18. Suitable Material. No activity, including structures and work in navigable waters of the United States or discharges of dredged or fill material, may consist of unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.) and material used for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act). 19. Mitigation. The project must be designed and constructed to avoid and minimize adverse effects to waters of the United States to the maximum extent practicable at the project site (i.e., on site). Mitigation will be required when necessary to ensure that the adverse effects to the aquatic environment are minimal. The District Engineer will consider the factors discussed below when determining the acceptability of appropriate and practicable mitigation necessary to offset adverse effects on the aquatic environment that: are more than minimal. "*" (a) To be practicable, the mitigation must be available and capable of being done considering costs, existing technology, and logistics in light of the overall project purposes. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project- establishing and maintaining wetland or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferably in the same watershed; : " '(b) The District Engineer will require restoration, creation, enhancement, or preservation of other aquatic resources in order to offset the authorized impacts to the extent necessary to ensure that the adverse effects on the aquatic environment are minimal. An important element of any compensatory mitigation plan for projects in or near streams or other open waters is the establishment and T-' maintenance; to the maximum extent practicable, of vegetated buffers next to open waters on the ; '' project site. The vegetated buffer should consist of native species. The District Engineer will determine . • the appropriate width of the vegetated buffer and in which cases it will be required. Normally, the vegetated buffer will be 25 to 50 feet wide on each side of the.stream, but the District Engineer may require wider vegetated buffers to address documented water quality concerns: If there are open waters on the project site and the District Engineer requires compensatory mitigation for wetland i impacts to ensure that the net adverse effects on the aquatic environment are minimal, any vegetated buffer will'comprise no more than 1 /3 of the remaining compensatory mitigation acreage after the -. permanently filled wetlands have been replaced on a one-to-one acreage basis. In addition, , compensatory mitigation must address adverse effects on wetland functions and values and cannot be used to offset the acreage of wetland losses that would occur in order to meet the acreage limits of some of the NWPs (e.g., for NWP 39,1/4 acre of wetlands .cannot be created to change a 1 /2 acre loss of wetlands to a 1 /4 acre loss; however, 1 /2 acre of created wetlands can be used to reduce the impacts of a 1/3 acre loss of wetlands). If the prospective permittee is required to submit a compensatory mitigation proposal with the PCN, the proposal may be either conceptual or detailed. •.. . (c) To the extent appropriate, permittees should consider mitigation banking and' other appropriate forms of compensatory mitigation. If the District Engineer determines that compensatory mitigation is necessary to offset losses of waters of the United States and ensure that the net adverse effects of the authorized work on the aquatic environment are minimal, consolidated mitigation approaches, such as mitigation banks, will be the preferred method of providing compensatory mitigation, unless the District Engineer determines that activity-specific compensatory mitigation is more appropriate, based • on which is best for the aquatic environment These types of mitigation are preferred because they involve larger blocks of protected aquatic environment, are more likely'to meet the mitigation goals, and are more easily checked for compliance. If a mitigation bank or other consolidated mitigation • • approach is not available in the watershed, the District Engineer will consider other appropriate forms ' . of compensatory mitigation to offset the losses of waters of the United States to ensure that the net •• adverse effects of me authorized work on the aquatic environment are minimal. . •- 20. Spawning Areas. Activities, including structures and work in navigable waters of the United States or •?. discharges of dredged or fill material, in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., excavate, fill; or smother downstream by substantial turbidity) of an important spawning area are not authorized. • • - • 21. Management of .Water Flows. To the maximum extent practicable, the activity must be designed to —' maintain preconstruction downstream flow conditions (e.g., location, capacity, and flow rates). •• Furthermore, the activity must hot permanently restrict or impede the passage of normal or expected high flows (unless theprimary purpose of the fill is to impound.waters) and the structure or discharge of dredged or fill material must withstand expected high flows. The activity must, to the maximum extent practicable, provide for retaining excesS'flows from the site, provide for maintaining surface flow rates from the site similar to preconstruction conditions; and must not increase water flows from the project site, relocate water, or redirect water flow beyond preconstruction conditions. In addition, the.activity must, to the maximum extent practicable, reduce adverse effects such as flooding or erosion downstream and upstream of the project site, unless the activity is part of a larger system designed to manage water flows. 22. Adverse Effects From Impoundments. If the activity, including structures and work in navigable waters of the United States or discharge of dredged or fill material, creates !an impoundment'of water, adverse effects on the aquatic system caused by the accelerated passage of water and/or the restriction of its flow shall be minimized to the maximum extent practicable. ' ' '• < : '; •• 23. Waterfowl Breeding Areas. Activities, including structures and work in'navigabJe waters of the United States or discharges of dredged or fill material, into breeding areas for migratory waterfowl must be " avoided to the maximum'extent practicable. ; .. • ;. ' • • -. -• 24. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and the affected areas returned to their preexisting elevation. - . ' ' •••<.. 25. Designated Critical Resource Waters: Critical resource waters include; NOAA-designated marine • sanctuaries. National Estuarine Research Reserves, National Wild and Scenic Rivers, critical habitat for Federally listed threatened and endangered'species, coral-reefs. State natural heritage sites, and outstanding national resource waters or other waters officially designated by a State as having particular environmental or ecological significance and-identified by the District Engineer after notice and opportunity for public comment. The District Engineer may also designate additional critical resource waters after notice and opportunity for comment. ' . (a) Except as noted below, discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7,12,14,16,17,21,29,31,35,39,40,42,43, and 44 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. Discharges of dredged or fill materials into waters of the United States may be authorized by the above NWPs in National Wild and Scenic Rivers if the activity complies with General Condition 7. Further, such discharges may be authorized in designated critical habitat for Federally listed threatened or .endangered species if the activity complies with General Condition 11 and the US. Fish and Wildlife Service or the National Marine Fisheries Service has concurred in a determination of compliance with this condition. . (b) For NWPs 3,8,10,13,15,18,19,22,23,25,27,28,30,33,34,36,37, and 38, notification is required in accordance with General Condition 13, for any activity proposed in1 the designated critical resource waters including wetlands adjacent to those waters. The District Engineer may authorize activities under these NWPs only after he determines that the impacts to the critical resource waters will be no more than minimal. 26. Fills Within 100-Year Floodplains. For purposes of this general condition, 100-year floodplains will be identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or FEMA-approved local floodplain maps. (a) Discharges Below Headwaters. Discharges of dredged or fill material into waters of the United States resulting in permanent, above-grade fills within the 100-year floodplain at or below the point on a stream where the average annual flow is five cubic feet per second (i.e., below headwaters) are not authorized by NWPs 29,39,40,42,43, and 44. For NWPs 12 and 14, the prospective permittee must notify the District Engineer in accordance with General Condition 13 and the notification must include documentation that any permanent, above-grade fills in waters of the United States within the 100-year floodplain below headwaters comply with FEMA or FEMA-approved local floodplain construction requirements. (b) Discharges in Headwaters (i.e., above the point on a stream where the average annual flow is five '. cubic feet per second). (1) Flood Fringe. Discharges of dredged or fill material into waters of the United States resulting in permanent, above-grade fills within the flood fringe of the 100-year floodplain of headwaters are not authorized by NWPs 12,14,29,39,40,42,43, and 44, unless the prospective permittee notifies the District Engineer in accordance with General Condition 13. The notification must include documentation that such discharges comply with FEMA or FEMA-approved local floodplain construction requirements. (2) Floodway. Discharges of dredged or fill material into waters of the United States resulting in permanent, above- grade fills within the floodway of the 100-year floodplain of headwaters are not authorized by NWPs 29,39, 40,42, 43, and 44. For NWPs 12 and 14, the permittee must notify the District Engineer in accordance with General Condition 13 and the notification must include documentation that,any permanent, above grade fills proposed in the floodway comply with FEMA or FEMA-approved local floodplain construction requirements. comment. The Distrirt Engineer may also designate additional critical resource waters after notice and opportunity for comment. , (a) Except as noted below, discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7,12,14,16,17,21,29,31,35,39,40,42/43, and 44 for any activity'within, or directlyAffecting, critical resource waters, including wetlands adjacent to such waters. Discharges of dredged or fill materials into waters of the United States may be authorized by the above NWPs in National Wild and Scenic Rivers if the activity complies with General Condition 7. Further, such . discharges may be authorized in designated critical habitat for Federally listed threatened or endangered species if the" activity complies with General Condition 11 and the U.S. Fish and Wildlife Service or the National Marine Fisheries 'Service has concurred in a determination of compliance with .this condition. . - , ; . - frV'For NWPs 3,8,10,13,15,18,19,22,23,25,27,28,30,33,34,36,37, and 38, notification is required in ~. accordance with General Condition 13, for any activity proposed in-the designated critical resource waters'including wetlands adjacent to those waters. The District Engineer may authorize activities under these NWPs only after he determines that the impacts to the critical resource waters will be no more than minimal. , . . . ".' 26. Fills Within 100-Year Floodplains. For purposes of this general condition, 100-year floodplains will be identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or FEMA-approved local floodplain maps. (a) Discharges Below Headwaters. Discharges of dredged or fill material into waters of the United ; States resulting in permanent, above-grade fills within the 100-year floodplain at or below the point on a stream where the average annual flow is five cubic feet per second (i.e., below headwaters) are not authorized by NWPs 29,39,40,42,43, and 44. For NWPs 12 and 14, the prospective permittee must notify the District Engineer in accordance with General Condition 13 and the notification must include documentation that any permanent, above-grade fills in waters of the United States within the 100-year floodplain below headwaters comply with FEMA or FEMA-approved local floodplain construction requirements. ...,., (b) Discharges in Headwaters (ile., above the point on a stream where the average annuaLflow is five , cubic feet per second). , • . . . xs*»x. (1) FloodFringe. Discharges of dredged or fill material into waters of the United States resulting ( ) in permanent/above-grade fills within the.flood fringe of the 100-year floodplain of headwaters are ^~>^ not authorized by NWPs 12,14,. 29,39,40,42,43, and 44, unless the prospective permittee notifies the District Engineer in accordance with General Condition 13. The notification must^include documentation that such discharges comply with FEMA or FEMA-approved local floodplain construction requirements. (2) Floodway. Discharges of dredged or fill material into'waters of the United States resulting in permanent, above- grade fills within the floodway of the 100-year floodplain of headwaters are not authorized by NWPs 29,39,40,42, 43, and 44. For NWPs 12 and 14, the permittee must notify the District Engineer in accordance with General Condition 13 and the notification must include documentation that'any permanent, above grade fills proposed in the floodway comply with FEMA or FEMA-approved local floodplain'construction requirements. o California Regional Water Quality Control Board San Diego Region ' .: . • : Winston H. Hickox Internet Address: http://www.swrcb.ca.gov/-rwqcb9/ rvC-V-yJtiJ V.tyJSjlfoy Davis -.Tetaryfor • •• . 9771 Qairemont Mesa Boulevard, Suite A, San Diego, California 92124-1324 Governor >ironmcnlai -. Phone (858) 467-2952 • FAX (858) 571-6972 JAW 1 A Protection Action on Request for Clean Water Act section 401 Water Quality Certification for Discharge of Dredged and/or Fill Materials PROJECT: Rancho Santa Fe Road (File No. OOC-045) ' APPLICANT: Mr. David Hauser . City of Carlsbad 1635 Faraday Avenue • . Carlsbad, CA 92008 ACTION: 1. D Order for Standard Certification 2. •. Order for Technically-conditioned Certification 3. D Order for Denial of Certification STANDARD CONDITIONS: The following three standard conditions apply to all certification actions, except as rioted under Condition 3 for denials (Action 3). 1. This certification action is subject to modification or revocation upon administrative or judicial review, including review and amendment pursuant to section 13330 of the California Water Code and section 3867 of Title 23 of the California Code of Regulations (23 CCR). 2. This certification action is not intended and shall not be construed to apply to any discharge from any activity involving a hydroelectric facility requiring a Federal Energy Regulatory Commission (FERC) license or an amendment to a FERC license unless the pertinent certification application was filed pursuant to 23 CCR subsection 3855(b) and the application specifically identified that a FERC license or amendment to a FERC license for a hydroelectric facility was being sought. 3. The validity of any non-denial certification action (Actions 1 and 2) shall be conditioned upon total payment of the full fee required under 23 CCR section 3833, unless otherwise stated in writing by the certifying agency. California Environmental Protection Agency Recycled Paper File No. OOC-Q45 ADDITIONAL CONDITIONS: In addition to the three standard conditions, the applicant shall satisfy the following: 1 * ': , •" • ' t 1. The project shall be implemented as described in the application submitted on April 26, 2000. Any deviation from the proposed project, as described in File No. OOC-045, shall require additional 401 Water Quality Certification. 2. All storm drain inlets shall have storm drain inlet filters (e.g., Fossil filters or their,- . equivalent) to treat urban runoff. Maintenance of these.filters shall be conducted per the manufacturers specifications by the City of Carlsbad. • REGIONAL WATER QUALITY CONTROL BOARD CONTACT PERSON: Stacey Baczkowski California Regional Water Quality Control Board, San Diego Region 9771 Clairemont Mesa Blvd:, Suite A San Diego, CA 92124 . . . 858-637-5594 .'"' WATER QUALITY CERTIFICATION: I hereby certify that the proposed discharge from the Rancho Santa Fe Road project will comply with the applicable provisions of sections 301 ("Effluent Limitations"), 302 ("Water Quality Related Effluent Limitations"), 303 ("Water Quality Standards and Implementation Plans"), 306 ("National Standards of Performance"), and 307 ("Toxic and Pretreatment Effluent Standards") of the Clean Water Act. Although we anticipate no further regulatory involvement, should new information come to our attention that indicates a water quality problem, we may issue waste discharge requirements at that time. . / o JofiVH. Robertus ','.'.-. ... Date :utive Officer " . Regional Water Quality'Cpntrol Board , Attachments 1 and 2 Attachment 1 File No. OOC-045 Applicant: Applicant Representatives: Project Name: Project Location: Type of Project: Project Description: ATTACHMENT 1 PROJECT INFORMATION Mr. David Hauser City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 760-602-2739 760-602-8562(0 Ms. Sherri Miller Dudek and Associates, Inc. 605 Third Street Encinitas, CA 92024 .760-942-5147 760-632-8710 (f) Rancho Santa Fe Road (OOC-045) The proposed project site is located in the eastern portion of the City of Carlsbad, in northern San Diego County. The project footprint lies within the northwestern portion of the Rancho Santa Fe United States Geological Survey 7.5 minute^quadrangle; sections 1, 6, 19, 20,29, 30, 31, 32; Townships 12 and 13 South; Range 3 and 4 West. Road realignment and sewer pipeline. The proposed widening aiid realignment project is part of the City of Carlsbad's General Plan to upgrade Rancho Santa Fe Road to a Prime Arterial Roadway Designation. A Prime Arterial Roadway has a 126-foot right-of-way containing six travel lanes, a bike lane, an 18 foot raised median, sidewalks, curb, and gutter. The northerly approach for the new bridge(s) would be approximately 2,200 feet long and include the reconstruction of the La Costa Meadows Drive/Rancho Santa Fe Road intersection, and the reconstruction of approximately 300 feet of La Costa Meadows Drive east of the intersection. The realigned Rancho Santa Fe Road would be constructed to the full width on the east side of the median, with sidewalks, curb and gutter, and street lights from the bridge to north of Melrose Drive. The Melrose Drive/Rancho Santa Fe Road intersection would be moved approximately 400 feet to the north of the present intersection. Melrose Drive would be realigned from the Comita Drive/Melrose Drive intersection northwest to the realigned Melrose Drive/Rancho Santa Fe Road intersection. Comita Drive would be extended to connect with the realigned Melrose Drive. A 24-inch sewer pipeline would also be installed by the Vallecitos Water Attachment 1 Federal Agency/Permit: Other Required Regulatory Approvals: California Environmental Quality Act (CEQA) Compliance: Receiving Water FiJeNo.OOC-045 District during construction of the bridge. The pipeline would be within the limits of temporary disturbance associated with the bridge and would not result in any additional impacts. The pipeline will be encased with concrete and riprap, with a slope of 1.5:1, will be placed around the pipe. The pipeline, concrete, and riprap will be placed below grade with a minimum of 1 foot of cover over the top. U.S. Army Corps of Engineers ' Nationwide Permit 14, 18, and 33 California Department of Fish and^ Game Streambed Alteration Agreement In 1992, the City of Carlsbad approved the preliminary alignment for the Rancho Santa Fe Road realignment and Mass Grading Project; the EIR for this project was certified by the City of Carlsbad on April 3, 1992. An addendum to the final EIR was prepared in March 2000 to address the final alignment of Rancho Santa Fe Road. San Marcos Creek, unnamed ephemeral drainages o Impacted Waters of the United States: Dredge Volume: Related Projects Implemented/to be Implemented by the Applicant(s): Compensatory Mitigation: Best Management Practices: The proposed project will permanently impact 0.42 acre of southern willow scrub, 0.27 acre of disturbed wetlands, and 0.24 acre of unvegetated ephemeral waters of the U.S. Temporary impacts include 0.97 acre of southern willow scrub. 1,227 cubic yards. v ' . The City of Carlsbad has implemented two projects in the past five years that have resulted in temporary impacts to San Marcos Creek. The first project consisted of emergency access to repair a dip section of the Gibralter Street bridge. The second project replaced and/or repaired pedestrian and golf cart bridges at La Costa. Temporary impacts for both of these projects are estimated at 0.1 to 0.3 acre. The proposed mitigation program will include a total of 2.2 acres of offsite creation and 1.4 acres of offsite enhancement of jurisdictional southern willow scrub and freshwater marsh. The proposed mitigation area is located immediately east Of the project area within University Commons along San Marcos Creek. The mitigation area will be preserved as an element of the Fieldstone HCP. In addition, 0.54 acre of jurisdictional southern willow scrub will be restored onsite within the area of impact along San Marcos Creek. ' All storm drain inlets shall have storm drain inlet filters (e.g., Fossil filters or their equivalent) to treat urban runoff. Maintenance of these filters shall be conducted per the manufacturers specifications by the City of Carlsbad. , . - • -.. . . • O o Attachment 2 File No. OOC-045 ATTACHMENT 2 DISTRIBUTION LIST Mr. Terry Dean Army Corps of Engineers Regulatory Branch 16885 West Bernardo Drive, Suite 300A San Diego, CA 92127 , Ms. Sherri Miller Dudek and Associates, Inc. 605 Third Street Encinitas, CA 92024 State Water Resources Control Board Division of Water Quality STATE OF CAIIFORNIA-THE RESOURCES AGENCY J3RAY Ol OEPARTMEMT OF FISH AND GAME juth Coast Region \3 Viewridge Avenue an Diago. California 3Z123 (8581 467-4201 FAX (858) 467-4235 RECEIVED JUN 072001 ENGINEERING DEPARTMENT June 05. 2001 City of Carlsbad •...,-• -.:.-.•. ! Attn: David Hauser • ^ , 1635 Faraday Avenue Carlsbad, CA 92009 Dear Mr. Hauser: Enclosed is Streambed Alteration Agreement 5-142-00 that authorizes work on the Rancho Santa Fe Road Realignment and Mass Grading project impacting San Marcos Creek in San Diego County. This action is authorized under Section 1600 of the Fish and Game Code and has been approved by the California Department of Fish and Game. Pursuant to the requirements of the California Environmental Quality Act (CEQA). the Department filed a Notice of Determination (NOD) on the project on OL/&»{OI __. Under CEQA regulations, the project has a 30-day statute of limitations on court challenges of the Department's approval under CEQA. The Department believes that the project fully meets the requirements of the Fish and Game Code and CEQA However, if court challenges on the NOD are received during the 30- day period, then an additional review or even modification of the project may be required. If no comments are received during the 30-day period, then any subsequent comments need not be responded to. This information is provided to you so that if you choose to undertake the project prior to the close of the 30-day period, you do so with the knowledge that additional actions may be required based on the results of any court challenges that are filed during that period. Please contact Tamara Spear at (858) 467-4223 if you have any questions regarding the Streambed Alteration Agreement. Sincerely, o C.F. Raysbrook Regional Manager Enclosure cc: Tamara Spear CALIFORNIA DEPARTMENT OF FISH AND GAME 4949 Viewridge Avenue San Diego. California 92123 Notification No. 5-142-00 AGREEMENT REGARDING PROPOSED STREAM OR LAKE ALTERATION/ ' • THIS AGREEMENT, entered into between the State of California. Department of Fish and Game, hereinafter called the Department, and David Hauser. representing the Q'tv of Carlsbad, a municipal corporation State of California.-, hereinafter called the Operator, is as follows: WHEREAS, pursuant to Section 1601 of California fish and Game Code, the Operator, on the 22nd day of May. 2000. notified the Department that they intend to divert or obstruct tho natural flow of. or change the bed. channel, or bank of, or use material from the streambed(s) of. the following waterfs): thirteen unnamed ephemeral drainages, tributaries to San Marcos Creek and San Marcos Creek. San Diego County, California. Sections 1.6.19.20.29.30.31.32 Township 12S. 13S Range 3W. 4W . WHEREAS, the Department (represented by Tamara Spear through a site visit on the 15th day of June. 2000) has determined that such operations may substantially adversely affect those existing fish and wildlife resources within the streambed of thirteen unnamed ephemeral drainages, tributaries to San Marcos Creek and San Marcos Creek specifically identified as fallows: Birds: least Bell's vireo (Vireo belfn pusillus). southwestern willow flycatcher (Empidonax trailii exfrmc/s).California qnatcatcher (Polioptila cafifbmica califomica). northern harrier (Circus cvaneus). white-tailed kite (Elanus leucurus). Cooper's hawk (Accioitercooperi) red-tailed hawk (Buteo iamaicensis). red-shouldered hawk (Buteo ptatwtervs platypterus).southern California rufous-crowned sparrow (Aimophifa rvficeps). Bell's sage sparrow (Amphisoiza belli belli}, loggerhead shrike (Lanius fudovicianusY Reptiles and Amphibians: arroyo southwestern toad (Bufo microscaohus califomicus). San Diego homed lizard IPhrvnosoma coronatum blainvitlei). western spadefoot toad (Scaphiopus hammondi}. red-diamond rattlesnake (Crotalus rude/1, coastal rosy boa (Uchanura MvinjataL two-striped garter snake (Thamnophis hammondii): Mammals: San Diego pocket mouse (Chaetodipus fallax fallax). Dulzura California pocket mouse (Chaetodipus califomicus femorafis). San Diego black-tailed lack rabbit (Leous califomicus). desert woodrat (Neotoma leoida): Invertebrates:ouinocheckerspot butterfly (Euphydrvasedithaquino). monarch butterfly (Danaus p/ex/pus): Plants: San Diego golden star (Muillaclevelandii). San Diego thommint (Acanthomintha ilicifblia). Nevin's barberry fSerfeen's nevinii). thread-leaved brodiaea IBnodiaea filifolia). coast woolly-heads (Nemacaulis denudata var. denudata). smooth tarplant fHemizonia oungens sso. laevis) mud nama (Nama stenocamum) including the southern willow scrub, freshwater marsh, and surrounding Diegan coastal sage scrub, southern mixed chaparral, valley needlegrass grassland, annual grassland and eucalyptus grassland which provide habitat for such species in the area, THEREFORE, the Department hereby proposes measures to protect fish and wildlife resources during the Operator's work. The Operator hereby agrees to accept the following measures/conditions as part of the proposed work. If the Operator's work changes from that stated in the notification specified above, this Agreement is no longer valid and a new notification shall be submitted to the Department of Fish and Game. Failure to comply with the provisions of this Agreement and with other pertinent code sections, including but not limited to Fish and Game Code Sections 5650. 5652,5937, and 5948, may result in prosecution: ' . STREAMBED ALTERATION AGREEMENT #5-142-00 Nothing in this Agreement authorizes the Operator to trespass on any land or property, nor does it relieve the Operator of responsibility for compliance with applicable federal, state, ' or local laws or ordinances. A consummated Agreement does not constitute Department of' Rsh and Game endorsement of the proposed operation, or assure the Department's concurrence with permits required from other agencies. This Agreement becomes effective the date of Departmenfs signature and terminates December 31.2004 for project construction only. This Agreement shall remain in effect for that time necessary to satisfy the terms/conditions of this Agreement. • '.'•". " . ' - ' v , . . ' -.''"._•. 1. The following provisions constitute the limit of activities agreed to and resolved by this Agreement. The signing of this Agreement does not imply that the Operator is precluded from doing other activities at the site. However, activities not specifically agreed to and resolved by this Agreement shall be subject to separate notification pursuant to Fish and Game Code Sections 1600 etseq. 2. The Operator proposes to alter the streambed of thirteen unnamed ephemeral drainages, tributaries to San Marcos Creek and San Marcos Creek to accommodate the roadway realignment, widening and bridge replacement improvements to Rancho Santa Fa Road. A 24-inch sewer pipeline will also be installed within the limits of temporary disturbance at the proposed bridge footprint by Vallecitos Water District during the bridge construction. The project is located from approximately 100 south of the La Costa Avenue/Rancho Fa Road intersection to approximately 100 feet north of the Melrose Drive/Rancho Santa Fe Road within the City of Carlsbad, San Diego County impacting 2.11 acres of strearnbed. 3. The agreed work includes activities associated with No. 2 above. The project area is located in the streambed of thirteen unnamed ephemeral drainages, tributaries to San Marcos Creek and San Marcos Creek, San Diego County. Specific work areas and mitigation measures are described on/in the plans and documents submitted by the Operator, including an Addendum to the Final Environmental Impact Report for the Rancho Santa Fe Road Realignment and Mass Grading. SCH#90010B50 dated March 2000: Conceptual Wetland Mitigation and Monitoring Plan for the Rancho Santa Fe Road Realignment, dated December 2000: Biological Resources Report and Impact Analysis for the Rancho Santa Fe Road Realignment-dated November 200Q and-shall be implemented as proposed unless directed differently by this agreement. 4. The Operator shall not impact more than 2.11 acres of jurisdictional habitat comprised of 1.39 acres southern willow scrub. 0.27 acres disturbed freshwater marsh, 0.45 unvegetated ephemeral streambed. Of these impacts, 0.93 are permanent and 1.18 are temporary. ^ •••-'.' , Permanent impacts caused by the project include 0.42 acres of southern willow scrub, 0.27 of disturbed wetland .and 0.24 acres unvegetated streambed. Mitigation for permanent impacts to southern willow scrub shall occur at a 3:1 ratio of .creation. Disturbed freshwater marsh shall be mitigated at a 1:1 ratio of creation and 2:1 ratio of enhancement, and unvegetated strearnbed shall be mitigated at a 1:1 ratio of creation. All mitigation for permanent impacts shall.be in-kind, occur off-site, and include 1.77 acres creation and 0.54 acres enhancement for a total of 2.31 acres. , , Temporary impacts caused by the project include 0.97 acres of southern willow scrub and o STREAMBED ALTERATION AGREEMENT #5-142-00 0.21 acres unyegetated streambed. 0.54 acres of southern willow scrub shall be restored on-site at a 1:1 ratio. 0.47 acres of southern willow scrub shall be mitigated at a 1:1 ratio of creation and 2:1 ratio of enhancement. 0.21 acres of unvegetated streambed shall also be restored on-site. 1.29 acres of mitigation for temporary impacts shall occur off-site including 0.43 acres of creation and 0.86 enhancement and shall be in-kind. The off-site mitigation area of 3.60 acres for the project is located along San Marcos Creek in (he City of San Marcos, within the University Commons Specific Plan. 5. The Operator shall submit a FinalRevegetation/Monitoring Plan for both the 3.60 acres of mitigation off-site and the 0.54 acres on-site to the Department for review within 30 days of signing this Streambed Alteration Agreement The plan shall specify a non-native plant control program, plant palette and include a long-term maintenance provision for the on-site mitigation and a plant palette for the on-site revegetation. The Operator shall receive Department approval prior to project initiation/impacts. All mitigation shall be installed no later than March 31. 2003. 6. The Operator shall not remove vegetation within the stream from March 15 to July 31 to avoid impacts to nesting birds. 7. The Operator shall have a qualified biologist onsite daily during any impacts to vegetation for the purpose of monitoring and enforcing condition numbers 6, 9, 14, and 21 of this agreeement 8. No equipment shall be operated in ponded or flowing! areas. 9. Disturbance or removal of vegetation shall not exceed the limits approved by the Department. The disturbed portions of any stream channel shall be restored. Restoration shall include the revegetation of stripped or exposed areas with vegetation native to the area. 10. Installation of bridges, culverts, or other structures shall be such that water flow is not impaired Bottoms of temporary culverts shall be placed at stream channel grade; bottoms of permanent culverts shall be placed at or below stream channel grade. 11. Preparation shall be made so that runoff from steep, erodible surfaces will be diverted into stable areas with little erosion potential. Frequent water checks shall be placed on dirt roads, cat tracks, or other work trails to control erosion. 12. Water containing mud, silt or other pollutants from aggregate washing or other activities shall not be allowed to enter.a lake or flowing stream or placed in locations that may be subjected to high storm flows. .'.•'"*• • 13. Structures and associated materials not designed to withstand high seasonal flows shall be removed to areas above the high water mark before such flows occur. 14. The perimeter of the work site shall be adequately flagged to prevent damage to adjacent riparian habitat. 15.. Staging/storage areas for equipment and materials shall be located outside of the stream. . . • ' .. .. STREAMBED ALTERATION AGREEMENT #5-142-00 /*% 16: The Operator shall comply with all litter and pollution laws. All contractors, subcontractors and employees shall also obey these laws and it shall be the responsibility of the operator to ensure compliance. 17. If a stream's low flow channel, bed or banks/lake bed or banks have been altered, these shall be returned as nearly as possible to their original configuration and width, without creating future erosion problems. 7 18. All planting shall have a minimum of 100% survival the first year, based on the original quantity planted and 90% survival for container trees and 80% survival for container shrubs thereafter and/or shall attain 75% native wetland cover after 3 years and 90% native wetland cover after 5 years for the-iife of the project If the survival and cover requirements have not been met, the Operator is responsible for replacement planting to achieve these requirements! Replacement plants shall be monitored with the same survival and growth requirements for 5 years of planting; ; 19. All planting shall be done between October 1 and April 30 to take advantage of the winter rainy season. 20. An annual report shall be submitted to the Department by January 1 of each year for 5 years after planting. This report shall include the survival, percent cover, and height of both tree and shrub species. The number by species of plants replaced, an overview of the reyegetation effort, and the method used to assess these parameters shall also be included. Photos from designated photo stations shall be included. 21. Access to the work site shall be via existing roads and access ramps. 22. Spoil sites shall not be located within a stream/lake, where spoil shall be washed back into a stream/lake, or where it will cover aquatic or riparian vegetation. 23. Raw cement/concrete or washings thereof, asphalt, paint or other coating material, oil or other petroleum products, or any other substances which could be hazardous to aquatic life, resulting from project related activities, shall be prevented from contaminating the soil and/or entering the waters of the state. These materials, placed within or where they may enter a stream/lake, by Operator or any party working under contract, or with the permission of the Operator, shall be removed immediately. 24. No debris, soil. silt. sand, bark, slash, sawdust, rubbish, cement or concrete or washings thereof, oil or petroleum products or other organic or earthen material from any construction, or associated activity of whatever nature shall be allowed to enter into or placed where it may be washed by rainfall or runoff into, waters of the State. When x operations are completed, any excess materials or debris shall be removed from the work area. No rubbish shall be deposited within 150 feet of the high water mark of any stream or lake. ' " ...... 25. No equipment maintenance shall be done within or near any stream channel where '• petroleum products or other pollutants from the equipment may enter these areas under any flow. • ' .,-•:•:• 26. The Operator shall provide a copy of this Agreement to all contractors, subcontractors, and the Operator's project supervisors. Copies of the Agreement• shall be readily available at work sites at all times during periods of active work and must be presented to any Department personnel, or personnel from another agency upon STREAMBED ALTERATION AGREEMENT #5-142-00 demand. 27. The Department reserves the right to enter the project site at any time to ensure compliance with terms/conditions of this Agreement. 28. The Operator shall notify the Department, in writing, at least five (5) days prior to initiation of construction (project) activities and at least five (5) days prior to completion of construction (project) activities. Notification shall be sent to the Department at 4949 Viewridge Avenue, San Diego, CA 92123 Attn: Tamara A. Spear 29. It is understood the Department has entered iqto this Streambed Alteration Agreement for purposes of establishing protective features for fish and wildlife. The decision to proceed with the project is the sole responsibility of the Operator, and is not required by this agreement. It is further agreed all liability and/or incurred cost related to or arising out of the Operator's project and the fish and wildlife protective conditions of this agreement, remain the sole responsibility of the Operator. The • Operator agrees to hold harmless the State of California and the Department of Fish and Game against any related claim made by any party or parties for personal injury or any other damages. 30. The Operator shall request an extension of this agreement prior to its termination. Extensions may be granted for up to 12 months from the date of termination of the agreement and are subject to Departmental approval. The extension request and fees shall be submitted to the Department's Region 5 office at the above address, if the Operator fails to request the extension prior to the agreement's termination, then the Operator shall submit a new notification with fees and required information to the Department: Any activities conducted under an expired agreement are a violation of Fish and Game Code Section 1600 et. seq. The Operator may request a maximum of one extension of this agreement. 31. The Department reserves the right to suspend or cancel this Agreement for other reasons, including but not limited to the following: a. The Department determines that the information provided by the Operator in support of the Notification/Agreement is incomplete or inaccurate; b. The Department obtains new information that was not known to it in preparing the terms and conditions of the Agreement; c. The project or project activities as described in the Notification/Agreement have changed; d. The conditions affecting fish and wildlife resources change or the Department determines that project activities will result in a substantial adverse effect on the environment. . 32. Before any suspension or cancellation of the Agreement, the Department will notify the Operator in writing of the circumstances which the Department believes warrant suspension or cancellation. The Operator will have seven (7) working days from the date of receipt of this notification to respond in writing to the circumstances described in the Department's notification. During the seven (7) day response period, the Operator shall immediately cease any project activities which the Department specified in its notification. The Operator shall not continue the specified activities until that time when the Department notifies the Operator in writing that adequate methods and/or measures have been identified and agreed upon to mitigate or eliminate the significant adverse effect. STREAMBED ALTERATION AGREEMENT #5-142-00 CONCURRENCE (David Hauser)California Dept. of Fish and Game ti^i y (signature)(date) (signatutt)(date) ctr-y g (tiUe) - • • •-•• C.F. Ravsbrook. Regional Manager (title) •ATEOFCALFORNlA-THERESbURqESACSeNCY GRAY DAVIS, Govwnor DEPARTMENT OF FISH AND GAME ~ ~~~~~~ South CoastRegion 4949 VTewridge Avenue San Diego, California 92123 (858)467-4201 September 5, 2003 David Hauser City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92009 RE: Rancho Santa Fe Road Relignment Project, Streambed Alteration Agreement #5-142-00 Amendment and Extension No. 1 Dear Mr Hauser: We have reviewed your request to amend and extend our Streambed Alteration Agreement, #5-142-00, to alter the streambed of thirteen unnamed ephemeral drainages, tributaries to San Marcos Creek and San Marcos Creek in San Diego County. Pursuant to Fish and (Same Code Section 1600 et. seq., this letter, when countersigned by you amends our agreement as fol lows; 5. The Operator shall submit a Final Revegetation/Monitoring Plan for both the 3.60 acres of mitigation off-site and the 0.54 acres on-site to the Department for review within 30 days of signing this Streambed Alteration Agreement. The plan shall specify a non-native plant control program, plant palette and include a long-term maintenance provision for the on-site mitigation and a plant palette for the on-site revegetation. The Operator shall receive Department approval prior to project initiation/impacts. AH mitigation shall be installed no later than March 31. 2006. This letter, when countersigned by you, extends the period during which activities otherwise authorized by the agreement may continue. .The new termination date of the agreement is December 31, 2005. Be advised that all terms of agreement 5-142-00 remain in force throughout the new term of the agreement. A copy of said agreement AND THIS AMENDMENT AND EXTENSION LETTER must be kept on site and be shown upon request to Department personnel during ail periods of work. Page 1 of 2 Two copies of this letter are being sent to you. PLEASE RETURN ONE SJSNli!> ORIGINAL to the Department of Fish and Game, at 4949 Viewridcje Avenue Sari Diego CA 92123, ' . ." If you have further questions, please contact me at (858)467-4223. Sincerely, ramafaTt Spejir Environmental Sge'cialist FH CONCURRENCE DATE: Page 2 of 2 City of Carlsbad Planning Department November 30, 2001 ... r.. •&" Carrie Loya-Smalley City of Carlsbad Public Works Department 1 635 Faraday Avenue Carlsbad, CA 92008 ' SUBJECT: HDP 01-1 1 - RANCHO SANTA FE ROAD WIDENING The City has completed a review of the application for a Hillside Development Permit for grading for the Rancho Santa Fe North Realignment and Widening Project. Rancho Santa Fe Road North is shown on the City of Carlsbad General Plan Circulation Element as a Prime Arterial roadway. The project extends from La Costa Avenue northerly to Melrose. Drive a distance of approximately 2.25 miles. The project will grade the full road right-of- way of 126 feet and construct four of the ultimate 6 travel lanes. The adjacent landowners will construct the remaining two travel lanes, parkway and median improvements as their property develops. It is the Planning Director's determination that the project is consistent with the City's Hillside Development Ordinance, Chapter 21.95 of the Carlsbad Municipal Code and therefore approves this request based on the following: Findings: 1. Undevelopable areas of the project, pursuant to Section 21.53.230(b) of the Carlsbad Municipal Code, have been properly identified on the constraints map. 2. The project complies with the purpose and intent provisions of Section 21.95.010 of the Carlsbad Municipal Code in that proposed grading has been designed to relate to the slope of the land, the quantity of grading has been minimized and is 7,687 cubic yards per acre which is within the acceptable range listed in the Hillside Development Regulations, and a number of the proposed slopes will be an interim condition that will be modified when the adjacent properties are developed resulting in a lowering of the slope height in several locations. 3. The project complies with. Section 21.95.120 of the Carlsbad Municipal Code, and Section 21.95.140 if a modification to the development and design standards is approved in that hillside areas where a circulation element roadway must be located provided the proposed alignment is environmentally preferred and comply with all other city standards are excluded from the hillside development and design standards of Section 21.95.120. Rancho Santa Fe Road is designated as a prime arterial in the circulation element of the general plan and the proposed alignment has been determined to be environmentally preferred in EIR 91-01 for the Rancho Santa Fe Road Realignment and Mass Grading Project certified by the City Council 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-46CO • FAX (760) 602-8559 • www.ci.carlsbad.ca.us HDP 01-11 - RANCHO SANTA FE ROAD WIDENING November 30, 2001 Page 2 '. •' - ' . - . on June 2, 1992 and the Addendum dated March 2000. The project design results in grading quantities in the acceptable range. Were the exclusion provisions of Section 21.95.130 of the Hillside Development Regulations not applicable to the project proposed slopes which are not contour graded in addition to slopes over the maximum slope height of forty feet also qualify for a modification to the development and design standards pursuant to Section 21.95.140 (1) in that the proposed design will result in significantly more undisturbed area than requiring additional contour grading adjacent to Habitat Conservation Plan Open Space areas as this would extend slope heights and impact the preserve area and the existing native habitat. 4. The project design substantially conforms to the hillside development guidelines manual in that contour grading will occur where it will not create additional environmental impacts, runoff control will be accomplished as required by the • manual through the construction of onsite catchment basins and energy dissipators, • and landscaping will be installed to reduce erosion potential. The remaining design guidelines illustrated in the manual are directed at the construction and placement of structures, which are not included in this project. 5. The Planning Director has determined'that: a. EIR 91-1 was certified on June 2nd, 1992 in connection with the Rancho Santa Fe Road Realignment and Mass Grading project. An Addendum to the Final EIR for the project was prepared and is dated March 2000. The Hillside Development Permit, HDP 01-11 approves the proposed grading' design as being in conformance with the Hillside Development Ordinance and the environmental impacts of the proposed project were analyzed in EIR 91-1 and the March 2000 Addendum; b. The project has no new significant environmental effect not analyzed as significant in the prior EIR 91-1 or the March 2000 Addendum; c. None of the circumstances requiring a Subsequent EIR or .a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist. Conditions: 1. Approval is granted for HDP 01-11,'as shown on Exhibit(s) "A" through "W", dated November 30, 2001, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown on the approved exhibit(s). Any proposed grading and/or development substantially different from this approval as determined by the Planning Director, shall require an amendment to this Hillside Development Permit. ... , . 2. The Developer shall implement, or cause the implementation of, the Rancho Santa Fe Road Realignment and Mass Grading Project Final Environmental Impact Report Project Mitigation Monitoring and Reporting Program as listed in City Council Resolution No. 92-152. o HDP 01-11 - RANCHO SANTA FE ROAD WIDENING November 30, 2001 Page 3 ; ; 3. The paved section of Melrose Drive west of Rancho Santa Fe that will be closed as a result of the new Melrose Drive/Rancho Santa Fe intersection configuration shall be removed. The area shall be landscaped and irrigated in conformance with a landscape and irrigation plan to be submitted to the Planning Director for approval prior to the start of grading in phase 2 of the Rancho Santa Fe Road North project. CITY OF CARLSBAD GARY/E. WAYNE Assistant Planning Director GEW:DN:cs John Maashoff, Associate Engineer Doug Helming, Helming Engineering File Copy Data Entry Planning Aide