HomeMy WebLinkAboutRomero General Construction Corporation; 2004-12-10; 30721Recording requested by:
CITY OF CARLSBAD
When recorded mail to:
City Clerk
City of Carlsbad
1200 Carlsbad Village Dr.
Carlsbad. CA 92008
DQC# 2006-0244423
APR 10, 2006 8:30 AM
OFFICIAL RECORDS
SAN DIEKO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 0.00
PAGES: 1
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 of improvement on the property hereinafter described was completed on April 6,
2005.
6. The name of the contractor for such work of improvement is Romero General Construction
Corp.
7. The property on which the work of improvement was completed is in the City of Carlsbad,
County of San Diego, State of California, and is described as Phase 1 (Clearing &
Grubbing), Carlsbad City Golf Course, Contract No. 30721 (Project No. 3972).
CITYQF
GLE'NN PRUIM
Deputy Public Works Director
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 March 28 , 2006, accepted the
above described work as completed and ordered that a Notice of Completion be filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on March 30 2006, at Carlsbad, California.
CITY OF CARLSBAD
o-City Clerk
/- t CITY -OF CARLSBAD
CARLSBAD PUBLIC
FINANCING AUTHORITY
San Diego County
California
CONTRACT DOCUMENTS AND
f- SUPPLEMENTAL PROVISIONS
FOR
PHASE 1 - CLEARING & GRUBBING
AT
CARLSBAD MUNICIPAL GOLF
COURSE
CONTRACT NO. 30721
June 17,2004
t3 lO/R/03 Contract No. 30721 Page 1 of 71 Pages
TABLE OF CONTENTS
1 Item Paae
Notice Inviting Bids ........................................................................................................................ 5
.
Contractor's Proposal .................................................................................................................... 9
Bid Security Form .......................................................................................................................... 13
Bidder's Bond to Accompany Proposal ........................................................................................ 14
Guide For Completing the "Designation of Subcontractor and Amount of Subcontractor's
Bid Items" and "Designation of Owner Operator/Lessor and Amount of Owner Operator/Lessor
Work" Forms .......................................................................................................................... 15
Designation of Subcontractor and Amount of Subcontractor's Bid Items ...................................
Designation of Owner Operator/Lessor and Amount of Owner Operator/Lessor Work .............
17
18
Bidderk Statement of Financial Responsibility ............................................................................. 19
Bidder's Statement of Technical Ability and Experience .............................................................. 20
Bidder's Certificate of Insurance for General Liability. Employers' Liability. Automotive
Liability and Workers' Compensation ...........................................................................................
Bidder's Statement of Re Debarment ...........................................................................................
21
22
-
Bidder's Disclosure of Discipline Record .......................................................................... 23 .
Non-Collusion Affidavit to be Executed by Bidder and Submitted With Bid ................................. 25
Contract Public Works .................................................................................................................. 26
Labor And Materials Bond ............................................................................................................ 32
Faithful PerformanceNVarranty Bond ........................................................................................... 34
Optional Escrow Agreement for Surety Deposits In Lieu of Retention ........................................ 36
.
10/8/03 Contract No . 30721 Page 2 of 71 Pages
SUPPLEMENTAL PROVISIONS
.
.
PART 1
Section 1
1-1
1 -2
1 -3
Section 2
2-3
2-4
2-5
2-9 2-1 0
Section 3
3-2
3-3
3-4
3-5
Section 4
4-1 4-2
Section 5
5- 1
5-2
Section 6
6- 1
6-2
6-7
6-8
6-9
6-1 1
6-6
Section 7
7-3
7-4
7-8
7-1 0
7-1 2
7-1 3
Section 9
9-1
9-3
GENERAL PROVISIONS
Terms. Definitions. Abbreviations and Symbols
Terms .................................................................................................................... 39
Definitions ............................................................................................................. 39
Abbreviations ........................................................................................................ 40
Scope and Control of the Work
Subcontracts ......................................................................................................... 41
Contract Bonds ..................................................................................................... 41
Surveying .............................................................................................................. 44 Authority of Board and Engineer ........................................................................... 45
Plans and Specifications ....................................................................................... 42
Changes In Work Changes initiated by the Agency .......................................................................... 45
Extra Work ............................................................................................................ 45
Changed Conditions ............................................................................................. 46
Disputed Work ...................................................................................................... 47
Control of Materials
Materials and Workmanship ................................................................................. 49
Materials Transportation. Handling and Storage .................................................. 50
Utilities
Location ................................................................................................................. 50
Cooperation ........................................................................................................... 51
Prosecution. Progress and Acceptance of the Work Construction Schedule and Commencement of Work ......................................... 51
Prosecution of Work ............................................................................................. 58
Delays and Extensions of Time ............................................................................ 58
Time of Completion ............................................................................................... 58
Completion and Acceptance ................................................................................. 59
Liquidated Damages ............................................................................................. 59
Site Observation Visits .......................................................................................... 59
Responsibilities of the Contractor
Liability Insurance ................................................................................................. 60 Workers' Compensation Insurance ...................................................................... 60
Project Site Maintenance ...................................................................................... 60 Public Convenience and Safety ............................................................................ 61
Advertising ............................................................................................................ 61 Laws to Be Observed ............................................................................................ 61
Measurement and Payment Measurement of Quantities For Unit Price Work .................................................. 62
Payment ................................................................................................................ 63
Contract No . 30721 Page 3 of 71 Pages
PART 2 CONSTRUCTION MATERIALS
Section 21 3 Engineering Fabrics I
21 3-3 Temporary Erosion and Sedimentation Control .......................................... 65
Section 21 5 Temporary Fencing
21 5-1 Temporary Chain Link Fencing ............................................................................. 66
21 5-2 Temporary Silt Fence Posts .................................................................................. 66
21 5-3 Temporary Orange Conshction Fence Posts ..................................................... 66
PART 3 CONSTRUCTION METHODS
Section 300 Earthwork 300-1 Clearing and Grubbing ......................................................................................... 67
Section 31 2 Temporary Fencing 31 2-1 68
Section 31 3
Temporary Chain Link and Orange Construction Fencing ...................................
Temporary Erosion and Sedimentation Control
313-1 Temporary Erosion and Sedimentation Control Measures .................................. 69
Copies of the following Permits and Approvals are included for information and notice to all Contractors:
1. Aareement Reaardinq Proposed Stream or Lake Alteration, Notification No. 5-1 22-00 from the California Department of Fish and Game, Region 5,4949 Viewridge Avenue, San Diego, California 92123. Pages 1 through 5 inclusive.
2. Department of the Army Permit, No. 972020600-MAT,,from the Los Angeles District Office of U.S. Army Corps of Engineers. Pages 1 through 8 inclusive.
3. Notice of Intent to Issue Permit, No. A-6-Cl l-00-087 from the California Coastal Commission, San Diego Coast Area Ofice. Pages 1 through 17 inclusive.
4. Resional Water Qualitv Control Board 401 Action issued by SDRWQCB San Diego Region 9. Page 1 of I.
@ 10/8/03 Contract No. 30721 Page 4 of 71 Pages
CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Sealed bids will be received at the Office of the Purchasing Officer, Faraday Center, 1635 Faraday
Avenue, Carlsbad, California 92008-1989, until 4:OO P.M. on the 15th day of SeDtember, 2004, at
which time they will be opened and read, for performing the work as follows: Grading improvements,
and construction of the Carlsbad Municipal Golf Course and appurtenances.
CONTRACT NO. 30721
CARLSBAD MUNlClPa GOLF COURSE
PHASE 1 - CLEARING AND GRUBBING AT
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 180 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, 1997 Edition, and the
1998 and 1999 supplements, all 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:
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 and Amount of Owner/Operator Lessor Work a 1018103 Contract No. 30721 Page 5 of 71 Pages
6.
7.
8. 9.
10. 11. 12.
All
Bidder's Statement of Financial Responsibility
Bidder's Statement of Technical Ability and Experience
Acknowledgement of Addendum(s) 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.
Bidder's Statement re: Debarment Bidder's Disclosure of Discipline Record Escrow Agreement of Security Deposits - (optional, must be completed if the Bidder wishes to
use the Escrow Agreement for Security).
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
within a range of $250,000 to $550,000.
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: CLASSIFICATIONS FOR CONTRACTORS ARE: A, General Engineering
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 Purchasing
Department, Faraday Center, 1635 Faraday Avenue, Carlsbad, California, 92008 for a non-
refundable fee of $50.00 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
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 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
@ 10/8/03 Contract No. 30721 Page 6 of 71 Pages
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 Sections 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.
There will be NO job site meeting or pre-bid meeting for this proJect.
All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or
written in with ink and must be initialed in ink by a person authorized to sign for the Contractor.
Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid.
The 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 ($1 0,000,000).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000).
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 I 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:
I) 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
Contract No. 30721 Page 7 of 71 Pages
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.
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 oft
adopted on the do* day of
74/-b31
Date
@ 10/8/03 Contract No. 30721 Page 8 of 71 Pages
CITY OF CARLSBAD
,---
CONTRACT NO. 30721
"-..
,--
PHASE I - CLEARING AND GRUBBING AT
CARLSBAD MUNICIPAL GOLF COURSE
CONTRACTOR'S PROPOSAL
SCHEDULE I: LUMP SUM
Descrbtion
n z 4 n w cn cn w z I= 5 d w z w % Total
1. Lump sum for the entire scope of work as defined in the Contract Documents.
Total Amount of bid for Item No. 1 in words: .Fowhu@ka. 0IJq tw 0
VSGUOA ! ml h)m f\fM do\\MA 61,m
Price@) given above are firm for 180 days after date of bid opening.
Addendum(a) No@). I hadhave 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 aci of a contractor within the State f a 'fornia, validly licensed under -k 'It b which expires on
business or act in th 'i.etq2-q @T5& , classification
, and that this statement is true and correct and has the legal effect of an am avit.
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 § 7028.1 5(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 S20104.
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 hidher 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
t"s 10l8103 Contract No. 30721 Page 9 of 71 Pages
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2. That this bid is made without connection with any person, firm, or corporation making a bid for the
Accompanying this proposal is ELM& (Cash, Certified Check,@r Cashier's Check) for tempercent (10%) of the amount bid.
same work, and is in all respects fair and without collusion or fraud.
The Undersigned is aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for workers' compensation or to undertake self-insurance in
accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete.
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the
Contract and agrees to comply with its provisions.
IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname) of proprietor
_-
(3) Place of Business
City and State
(Street and Number)
(4) Zip Code Telephone No.
IF A PARTNERSHIP, SIGN HERE:
(I) Name under which business is conducted
(2) Signature (given and surname and character of partner) (Note: Signature must be made by a
general partner)
(3) Place of Business (Street and Number)
City and State
(4) Zip Code Telephone No.
The basis of award will be the lump sum.
'3 1018103 Contract No. 30721 Page 10 of 71 Pages
c
IF A CORPORATION. SIGN HERE:
(1) Name under which business is conducted
-_ ha\ h G&ulotloci kp ,
I
I
I
1
1
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(Title)
Impress Corporate Seal here ... . . ., ... ... ... ... ...
(3)
(4)
Incorporated under the laws of the State of
Place of Business ‘;f
(Street and Number) ’
City and State
(5) ZipCode %- Telephone No. 0) 73 048’7
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATTACHED
List below names of president, vice president, secretary and assistant secretary, if a Zorporation; if a
and managing partners:
Bidder Company Name:
1018l03 Contract No. 30721 Page 11 of 71 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California 'I
County of
On
personally appeared
*rsonally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person(% whose name& is/a\
subscribed to the within instrument and
acknowledged to me that he/sh@th executed
the same in his/hk/th&q authorized
the entity upon behalf of which the personN
acted, executed the instrument.
capacity(&), and that by
signatureb) on the instrument the
P WITNE my hand and official seal. 7r- I1 Signature of Ndary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons re/ying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
0 Individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact 0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
0 1999 National Notary Association * 9350 De Sot0 Ave , P.0 Box 2402 * Chalsworth. CA91313-2402 - www.nalionalnotary.org Prod No 5907 Reorder: Cali Toll-Free 1-800-876-6827
CITY OF CARLSBAD
CONTRACT NO. 30721
CARLSBAD MUNICIPAL GOLF COURSE
PHASE I - CLEARING AND GRUBBING AT
CONTRACTOR’S PROPOSAL
SCHEDULEOFVALUES
City Council
City of Carlsbad 1200 Carlsbad Village Drive
Carlsbad, California 92008
The undersigned declares he/she has carefully examined the location of the work, read the Notice
Inviting Bids, examined the Plans, Specifications, Supplemental Provisions and addenda thereto,
and hereby proposes to furnish all labor, materials, equipment, transportation, and services required
to do all the work to complete Contract No. 30721 in accordance with the Plans, Specifications,
Supplemental Provisions and addenda thereto. This schedule of values is provided as an
informational item only. It is the responsibility of the bidder to determine the accuracy of the
quantities.
SCHEDULE “A” CLEARING & GRUBBING
Item - No.
1
2
3
4
5
6
7
DescriDtion
Approximate Quantity and Unit Unit Price
Mobilization and Preparatory L.S. $ ‘\\,Ob()’
Not to exceed $10,000. II
Clearing, Grubbing & Removals 115 Ac $ \, olpz.q3
Temporary Chain Link Construction 13,400 L.F. $ \3.43 Fence
SDG&E/City Access Gate 5 EA $ 399b”
%% Temporary Orange Construction 60,850 L.F. $ 6 Fence
Temporary Erosion and LS Sedimentation Control Measures
Project Sign 2 EA
Contract No. 30721 Page 12 of 71 Pages
BID SECURITY FORM
(Check to Accompany Bid)
CONTRACT NO. 30721
PHASE I - CLEARING AND GRUBBING AT
CARLSBAD MUNICIPAL GOLF COURSE
(NOTE: The following form shall be used if check accompanies bid.)
kN1b
Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF
CARLSBAD, in the sum of
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.
m
dollars ($ )I
4
Ici m
--
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.) M /--
a 1018103 Contract No. 30721 Page 13 of 71 Pages
BIDDER'S BOND TO ACCOMPANY PROPOSAL CONTRACT NO. 30721
" PHASE I - CLEARING AND GRUBBING AT
CARLSBAD MUNICIPAL GULF COURSE
FIDJ&ITY AND DEPOSIT KNOW ALL PERSONS BY THESE PRESENTS:
That we, ROMWO GENEIRBZ. CONSTRUCTION COW, as Principal, and COMPANY OF MARYLAND 8s Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as followsi (mud be at least ten percent 10%) of the bid amount) T" PERCENT OF BID (lO%)-,for which payment, well and truly ma d e we bind ourselves, our heirs, execwtors and admmistrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITDN QF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Prindpal for
CARLSBAD MUNICIPAL GOLF COUKSE, PHASE I, PROJECT NO. 30721 (BID DATE: 9-15-04) in the City of Carlsbad is accepted by the City Council. and if the Pripcipal shall execute a Contract indudin required bonds and insurance policies within
award, then this obligation shall became null and void; othenrvise. it shall be date of award of Contract !y the City Council of the City of-Carlsbad, being
k and effect, and the amount specified herein shall be forfeited to the said C In the event Principal executed this bond as an individual, it is agreed that e death of Principal shall not exonerate the Surety from its obligations under this bond.
Executed by PRINCIPAL this 13TH day of SIPTEMBER t 4.
.. PRINCIPAL PRlNClPAlLr .
Lt-V and Organization--
(print name here)
.7title and organization of signatory)
Executed b SURElYthis 13TH day
SURETY:
(name of Surety) '
of S&ER 8
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
14172 HOONCREST ST., WESmNSTW, -92683
-
TAWRENCE F. MC"0N
?printed name of Attorney-In-)-act)
(Attach co rate resolution showing current power of a cp" orney.)
(Proper notariaf ackndedgment of execution by PRINCIPAL and SURETY must be attached.)
(President or vice-president and secretary or assisfant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistan? secretary under corporate seal empowering that officer to bind the corporation,)
APPROVED AS TO FORM: RONALD R, BALL
a 69 10/8/03 Contract No. 30721 Page 14 of 71 Pages
CALIFORNIA ALLPURPOSE ACKNOWLEDGMENT
State of California
County of SAN DIEGO } SS.
On SEP 13 2004 beforeme, MARIA V. DRIPPS, NOTARY PUBLIC ,
Name and Title of Oflicer (e.g.. “Jane Doe, Notary PuMiy Date
personally appeared LAWRENCE F. MCMAHON
Name($ of Signer(s)
El personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person(g whose name&) is/&&
subscribed to the within instrument and
acknowledged to me that he/- executed
the same in his/- authorized
capacity(ies), and that by his$&$&@
signature@) on the instrument the person(9, or
the entity upon behalf of which the person(9
acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
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Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name:
0 Individual
0 Corporate Officer - Title(@:
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
0 1999 National Notary Association ’ 9350 De Solo Ave , P.O. Box 2402 * Chatsworth, CA 91 31 3-2402 * www.nationalnotar/.org Prod. No. 5907 Reorder: Call Toll-Free 1-BW-876-6827
I ZURICH
-. THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND
We are malung the following informational &closures in compliance with The Terrorism Risk Insurance Act of
2002. No action is required on your part.
Disclosure of Terrorism Premium
The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is
$-waived-. This amount is reflected in the total premium for this bond.
Disclosure of Availabilitv of Coverage for Terrorism Losses
As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses
resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ
materially as those for losses arising from events other than acts of terrorism.
Disclosure of Federal Share of Insurance Company's Terrorism Losses
The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will
share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company
has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1% of
direct earned premium in the prior year; for 2003,7% of direct earned premium in the prior year; for 2004,10% of
direct earned premium in the prior year; and for 2005, 15% of direct earned premium in the prior year. The federal
I ,ticipates in losses, the United States government may direct insurance companies to collect a terrorism surcharge
from policyholders. The Act does not currently provide for insurance industry or United States government
participation in terrorism losses that exceed $100 billion in any one calendar year.
"'re of an insurance company's losses above its deductible is 90%. In the event the United States government
Definition of Act of Terrorism
The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the
Treasury, in concurrence with the Secretary of State and the Attorney General of the United States:
1. to be an act of terrorism;
2. to be a violent act or an act that is dangerous to human life, property or infrastructure;
3. to have resulted in damage within the United States, or outside of the United States in the case of an air
carrier (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a
vessel based principally in the United States, on which United States income tax is paid and whose insurance
coverage is subject to regulation in the United States), or the premises of a United States mission; and
4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign
interest as part of an effort to coerce the civilian population of the United States or to influence the policy or
affect the conduct of the United States Government by coercion.
But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a
war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting
from the act, in the aggregate, do not exceed $5,000,000.
These disclosures are informational only and do not modify your bond or affect your rights under the bond.
Copyright Zurich American Insurance Company 2003
surety terrorism disclosure notice.doc
c
f
--
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE: 3910 KESWCK ROAD, BALTIMORE, MD 21211
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and L. L. GOUCHER, Assistant Secretary, in
pursuance of authority granted by Article V1, Section 2, of the By-Laws of said Company, which are set forth on the reverse
side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and
appoint Lawrence F. MCMAHON, of San Diego, Ca wful agent and Attorney-in-Fact, to make,
execute, seal and deliver, for, and on its behalf as surety any and all bonds and undertakings and the execution of such bonds or u said Company, as fully and amply, to all intents and purposes, as if the acknowledged by the regularly elected officers
of the Company at its office in Baltimore, Md.,
The said Assistant Secretary does hereby the reverse side hereof is a true copy of Article VI,
Section 2, of the By-Laws of said Company,
IN WITNESS WHEREOF, the said Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said OMPANY OF MARYLAND, this 23rd day of May, A.D. 2001.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Vice President
}ss: State of Maryland
County of Baltimore
On this 23rd day of May, A.D. 2001, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came M. P. HAMMOND, Vice President, and L. L. GOUCHER, Assistant Secretary of the
FIDELIIY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affied my Official Seal the day and year first above
written.
,--
Carol J. Fader Nptary Public
My Commission Expires: August 1,2004
POA-F 01 2-931 OB
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
“Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attomeys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages, ... and to affi the seal of the Company thereto.”
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the
date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of
the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in
Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the loth day of May, 1990.
RESOLVED: “That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affied.”
M TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company
SEP 13 2004 this day of
Assistant Secretary
- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Jwk } ss.
u
2, Nh
Name and Tine of Officer (e.g., “&e Doe, Notary Publu
On 44\5-03 h %hw Date
personally appeared
Name(s&igner(s)
&ersonally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person(N whose name(% is/-
subscribed to the within instrument and
acknowledged to me that he/she/thb executed
the same in his/hy/ttqr authorized
capacity(im, and that by hislhkthbk
signaturw on the instrument the persow, or
the entity upon behalf of which the personw
acted, executed the instrument.
\I Signature of Notary Public
Though the information below is not required by law, it may prove valuable to persons re/ying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name:
0 Individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
0 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 * Chatsworth, CA 91313-2402 * wwwnationalnoiaryog Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
Company Profile Page 1 of 2
Company Profile
FIDELITY AND DEPOSIT COMPANY OF
MARYLAND
1400 AMERICAN LANE, 19TH FLOOR TOWER 1
SCHUAMBURG, IL 60196-1056
800-382-2150
Agent for Service of Process
ANDREW K. PLATT, C/O ZURICH NORTH AMERICA 801 N. BRAND BLVD., 13TH FLOOR
GLENDALE, CA 91203
Unable to Locate . - ._ ~ the - Agent for Service of Process?
Reference Information
./ NAIC #: 39306
California Company ID #: 2479-4
Date authorized in Ctllifornia:
License Status: UNLIMITED-NORMAL
Company Type: Property & Casualty
State of Domicile: MARYLAND
NAlC Group #: 02 12
January 01, 1982
Lines of Insurance Authorized to Transact
The company is authorized to transact business within these lines of insurance. For an explanation of
any of these terms, please refer to the glossary.
AIRCRAFT
AUTOMOBILE
BOILER AND MACHINERY
BURGLARY
CREDIT
FIRE
LIABILITY
MARINE
MISCELLANEOUS
http://cdinsww w . i n surance.ca. gov/pls/w u~co~prof/idb~co~prof~utl .get_co_prof?p_EID=6.. . 91 1 5/2004
Company Profile Page 2 of 2
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http://cdinswww.insurance.ca.gov/pls/wu~co~prof/idb_co_prof_utl.get~co~prof?p~EID=6 ... 9/15/2004
ROMERO GENERAL CONSTRUCTION CORPORATION
TABLE OF CONTENTS
Accountants' Report
Balance Sheet
Statement of Income
Statement of Retained Earnings
Statement of Cash Flows
Notes to Financial Statements
Supplementary Schedules:
Schedule of Contracts in Progress - December 3 1,2003
Schedule of Contract Revenues - December 3 1,2003
Schedule of Contracts in Progress - December 3 1,2002
Schedule of Contract Revenues - December 3 1,2002
1
2
3
4
5
6-1 1
12
13-14
15
16-17
I RYAN & THUM
I -R&T CERTIFIED PUBLIC ACCOUNTANTS
Board of Directors
Romero General Construction Corporation
Escondido, California
2150 North Centre City Parkway Suite F
Escondido, California 92026- 1347
Fax (760) 747-2937 Telephone (760) 747-2660
We have audited the accompanying balance sheet of Romero General Construction Corporation (a
California corporation) as of December 3 1, 2003 and 2002 and the related statements of income,
retained earnings, cash flows and the supplementary schedules for the years then ended. These
financial statements are the responsibility of the company's management. Our responsibility is to
express an opinion on the financial statement based on our audit.
We conducted our audit in accordance with generally accepted auditing standards in the United
States of America. Those standards require that we plan and perform the audit to obtain
reasonable assurance about whether the financial statements are free of material misstatement. An
audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the
financial statement. An audit also includes assessing the accounting principles used and
significant estimates made by management, as well as evaluating the overall financial statement
presentation. We believe that our audit provides a reasonable basis for our opinion.
In our opinion, the financial statements referred to above present fairly, in all material respects,
the financial position of Romero General Construction Corporation as of December 31, 2003 and
2002 and the results of operations and cash flows for the years then ended, in conformity with
generally accepted accounting principles.
Our audit was conducted for the purpose of forming an opinion on the basic financial statements
taken as a whole. The supplementary schedules on pages 12-17 are presented for purposes of
additional analysis and are not a required part of the basic financial statements. Such information
has been subjected to the auditing procedures applied in the audit of the basic financial statements
and, in our opinion, is fairly stated in all material respects in relation to the basic financial
statements taken as a whole.
RYA~ & THUM CPAS
June 4,2004
ROMERO GENERAL CONSTRUCTION CORPORATION
Balance Sheet
December 3 1
ASSETS
CURRENT ASSETS
Cash in bank and cash equivalents (Note 1)
Trade receivables, net of allowance (Note 2)
Retention receivables (Note 2)
Costs & estimated earnings in excess of
Inventory, at cost
Prepaid expenses and deposits (Notes 8 and 10)
billings on uncompleted contracts (Notes 1 and 13)
Total current assets
PROPERTY AND EQUIPMENT (Notes 1 and 3)
Property and equipment
Less accumulated depreciation
Net property & equipment
OTHER ASSETS
Investment in joint venture (Note 4)
Deposit (Note 10)
Total other assets
d--
LIABILITIES & EQUITY
CURRENT LIABILITIES
Short-term debt (Notes 6 and 7)
Accounts payable
Retentions payable
Billings in excess of costs & estimated
Accrued expenses (Note 8)
Deferred income taxes, current (Notes 1 and 8)
Total current liabilities
earnings on uncompleted contracts (Notes 1 and 13)
NONCURRENT LIABILITIES
Long-term debt (Notes 5 and 7)
Total liabilities
STOCKHOLDERS' EQUITY
Common stock: 10,000 shares authorized; issued and
outstanding 10,000 shares, no par or stated Value
Retained earnings
Total stockholders' equity .--
(Restated) .
2003 - 2002
$233,835 $36 1,256
3,789,162 1,7 16,963
509,643 820,637
2,237,195 1,768,824
785,114 630,249
854,995 186,492
8.409.944 5.484.42 1
1,454,019 734,440
37 1,433 235,928
1,082,586 4983 12
184,129 0
0 25 0,000
184,129 250,000
$9,676,659 $6,232,933
$1,755,442 $925,000
3,662,506 1,596,977
9,48 1 9,9 18
30,354 285,052
578,377 257,137
38,865 38,865
6,075,025 3,112,949
547,820 260,000
6.622.845 3.372.949
1,000 1,000
3,05233 14 2,858,984
3.053.8 14 2.859.984
$9,676,659 $6,232,933
See acconqmying notes.
2
ROMERO GENERAL CONSTRUCTION CORPORATION
Statement of Income
For the Years Ended December 3 1
(Rest at ed)
2003
REVENUES
Construct ion revenues
Crushing revenues
In teres t income
COSTS AND EXPENSES
Construction and crushing costs
General and administrative expenses
Interest expense
INCOME (LOSS) FROM OPERATIONS
OTHER INCOME (EXPENSE)
Gain on disposals of fixed assets
'"-'rCOME (LOSS) BEFORE INCOME TAXES
Provision for Income Taxes (Note 8)
NET INCOME (LOSS)
$14,190,794 $12,943,109
4,450,372 3,652,529
480 965
18,64 1,646 16,596,603
17,348,826 15,297,275
995,756 873,442
142,418 135,2 14
18,487,000 16,305,93 1
154,646 290,672
42,121 10,202
42.121 10.202
196,767 300,874
2,937 7,109
$193,830 $293,765
r-
See accompanying notes.
3
I
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ROMERO GENERAL CONSTRUCTION CORPORATION
Statement of Retained Earnings
For the Years Ended December 3 1
COMPONENTS OF RETAINED EARNINGS:
S CORPORATION EARNlNGS Notes 1 and 9)
1
I
I
I
ACCUMULATED ADJUSTMENTS ACCOUNT
Beginning balance
Taxable income (loss)
Nondeductible expenses
Dividend distributions
Ending balance
TAX TIMING ADJUSTMENTS
Beginning balance
Tax deferred income (loss)
Ending balance
Total S Corporation Earnings
C CORPORA TION EARNINGS
ACCUMULATED EARNINGS AND PROFITS
Beginning balance
Ending balance / Total C Corporation Earnings
1
I
1
,,--
TOTAL RETAINED EARNINGS, ENDING
(Restated) - 2003 2002
$273,639 $462,332
156,836 (101,978)
( 12,13 0) (697 07)
0 (80,008)
418.345 273.639
2,586,248 2,183,798
49,124 402,450
2,635,372 2,586,248
3,053,717 2,859,887
.I .,
$3,052~3 14 $2,858,984
1 SCHEDULE OF INCOME ALLOCATION (Note 9)
Taxable to stockholder in current year
Taxable to stockholder in future years
Nondeductible expenses
Net income (loss)
I
1
$156,836 ($101,978)
49,124 402,450
$193.830 $293,765
(12,130) (6,707)
See accompanying notes.
4
ROMERO GENERAL CONSTRUCTION CORPORATION
Statement of Cash Flows
For the Years Ended December 3 1 rc-
CASH FLOWS FROM OPERATIONS
Adjustments to reconcile net income to cash flows from operations:
Net Income (Loss)
Depreciation and amortization
(Gain) loss on sale of fixed assets
Deferred taxes provided (amortized)
Change in operating assets and liabilities:
(Increase) decrease in receivables, retentions and net
change in costs & estimated earnings related to
billings on uncompleted contracts
(Increase) decrease in inventory
(Increase) decrease in prepaid expenses, deposits
Increase (decrease) in payables and accrued expenses
Cash Provided (Used) By Operations
CASH FLOWS FROM INVESTING ACTIVITIES
Purchase of property and equipment
Investment in joint venture
Proceeds from sale of equipment --
Cash Provided (Used) In Investing Activities
CASH FLOWS FROM FINANCING ACTIVITIES
Net proceeds (repayments) on short term debt
Proceeds on long term borrowings
Repayments on long-term borrowings
Payments on accrued liability from purchase of property & equipment
Dividend distributions
Cash Provided (Used) By Financing Activities
Increase (decrease) in Cash and Cash Equivalents
Cash and Cash Equivalents, Beginning
Cash and Cash Equivalents, Ending
OTHER INFORMATION
Interest paid
Income taxes paid
$193,830
192,356
(42,121)
0
(2,4 8 4,2 74)
(154,865)
(4 18,504)
(257,593)
2,455,985
(88934 1)
(1 84,129)
155,233
(918,437)
5 7 5,000
704,229
(160,967)
(69,653)
0
1.048.609
(127,42 1)
361,256
$233,835
(Restated)
2002
$293,765
144,716
6,309
(1 0,202)
2,185,098
226,802
(433 12)
(1,602,729)
1.200.247
(186,4 14)
0
13,373
(173,041)
(5 7 5,000)
(71,610)
(726,6 18)
(80,008)
300,588
60.668
$36 1.256
$142,4 18 $135,2 14
$6,000 $18,000
r-
See accompanying notes.
5
/-
ROMERO GENERAL CONSTRUCTION CORPORATION
Notes to Financial Statements
December 3 1,2003
NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
Comuanv's Activities and Operatine; Cycle. The Company is engaged in grading, paving,
concrete, and material crushing operations, as well as design and build construction
projects, for Bands of Native Americans in the Southern California area. Work is
performed under fixed-price and unit-price contracts. The length of the contracts varies.
Some contracts are a few days, while other contracts may extend for one to three years.
The Company uses portable crushing equipment to produce base material at various
jobsites. For financial statement presentation, the normal operating cycle is one year.
Revenue and Cost Recognition. Revenues from construction contracts are recognized
using the percentage-of-completion method, measured by the percentage of costs incurred
to date to estimated total costs for each contract., This method is used because
management considers it to be the best available measure of progress on these contracts.
Because of the inherent uncertainties in estimating costs, it is at least reasonably possible
that the estimated costs could increase or decrease within the next normal operating cycle.
In the ordinary course of its construction business, the company has filed construction
contract claims for additional compensation resulting from changes in the scope of work
of the contract. Revenue related to these claims is uncertain and is reported at
management's estimate of net realizable value of such claims. Although the eventual
settlement on these claims is uncertain, based on the company's history in resolving
construction claim matters, management believes that the outcome of these claims will
not have a material adverse impact on the company's financial position as presented.
Contract costs include all direct material, labor, equipment, and subcontract costs, and
those indirect costs related to contract performance such as indirect labor, supplies,
repairs and insurance. Provisions for estimated losses on uncompleted contracts are made
in the period in which such losses are determined. Changes in job performance, job
conditions, and estimated profitability, including those arising from contract penalty
provisions, and final contract settlements may result in revisions to costs and income and
are recognized in the period in which the revisions are determined. These changes are
accounted for as changes in estimates in the current period.
The asset, "Costs and estimated earnings in excess of billings on uncompleted contracts"
represents revenues recognized in excess of amounts billed. The liability, "Billings in
excess of costs and estimated earnings on uncompleted contracts" represents billings in
excess of revenues recognized.
Inventory. Crushed material inventory is stated at the lower of cost or market value. Cost
is calculated at an average cost per unit and includes all direct materials, labor,
equipment, and related overhead.
6
NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)
Cash. The company maintains cash balances at several banks. Accounts at each
institution are insured by the Federal Deposit Insurance Corporation up to $100,000.
Balances in excess of the FDIC-insured limits were $122,168 and $259,856 for the years
presented. The company considers all highly liquid investments with a maturity of three
months or less when purchased to be cash equivalents.
ProDertv and EauiDment. Property and equipment are stated at cost. Depreciation is
provided using the straight-line method over the estimated useful lives of the assets
ranging from three to seven years.
Pension Plans. All of the construction workers are covered by various union benefit
agreements that are renegotiated periodically. Contributions to union benefit plans for the
years presented totaled $752,936 and $719,641 respectively. The company has a qualified
profit-sharing and voluntary savings plan (a 401k plan) that covers eligible employees not
covered under union benefit plans. Pension expense for discretionary and matching
contributions for the years presented is $2,796 and $1,729.
Income Taxes. The company is an S Corporation. Net income of the corporation is
reported on the tax returns of its stockholders. There is no federal tax at the corporate
level. The 1.5% state tax is provided for the income reported in the financial statements
and consists of taxes currently due plus deferred taxes. Deferred taxes represent future tax
consequences of timing differences between financial reporting and income tax reporting.
Timing differences arise from:
_/--
1) Accounting for construction contracts, using the percentage of completion
method for financial reporting, and the completed contract method for pre-200 1 contracts
for tax reporting,
2) Depreciation, using the straight-line method for financial reporting, statutory recovery
methods for tax reporting.
Use of Estimates Reauired by Generally Accepted Accounting Principles. Preparation of
financial statements in conformity with generally accepted accounting principles requires
management to make estimates and assumptions that affect certain reported amounts and
disclosures. Accordingly, actual results could differ from those estimates.
NOTE 2. CONTRACT RECEIVABLES 2003 2002
Contracts in progress $ 1,876,834 $660,113
Completed contracts 891,770 351,894
Retentions 509,643 820,637
Crushing and other receivables 1.020.558 704,956
4,298,805 2,537,600
Less allowance for doubtful accounts 0 0
Lil2wu-
Bad debt expense (recovery) for the years presented is $0 and $0. The bad debt allowance
has been reduced to $0.
7
1
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I
I
I
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I
1
I
I
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1
1
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I
NOTE 2. CONTRACT RECEIVABLES (continued)
Concentrations of receivables and revenues:
Receivables, government contracts
Revenues, government contracts
55% 60%
26% 23%
NOTE 3. PROPERTY AND EQUIPMENT
Assets
Construction equipment
Crushing equipment
General and administrative equipment
Less accumulated depreciation
Net property and equipment
$ 126,272 $249,026 1,199,40 1 3 78,45 9
128.346 106,955
1,454,O 19 734,440
37 1,433 235.928
3=laLzEu
NOTE 4. INVESTMENT IN JOINT VENTURE
*- The investment in joint venture is comprised of startup costs. There has been no operating
activity to date.
NOTE 5. RELATED PARTY TRANSACTIONS
The company has borrowed a total of $260,000 from its stockholder, at 10% and 8%
interest payable monthly. All unpaid principal and interest is due July 1, 2009. Interest
expense related to this loan for the years presented is $24,800 and $24,800, respectively.
NOTE 6. SHORT-TERM DEBT
Short-term debt at December 3 1 consists of the following:
$1,500,000 line of credit, secured by a blanket security
agreement on all tangible and intangible assets,
variable interest at prime plus 1.5%, payable monthly.
- 2003 2002
Line of credit facility expires June 30,2004. 3L4uua-
8
NOTE 7. LONG-TERM DEBT
Long-term debt at December 3 1 consists of the following:
Unsecured promissory notes totaling $260,000, (see Note 5)
interest at 10% and 8% per annum, payable monthly. All unpaid
principal and interest is due July 1,2009. This debt is
subordinated to any outstanding balance on the line of
credit agreement described in Note 6. $260,000 $260,000
rc
2003 - 2002
Various installment loans to purchase equipment, monthly
payments totaling $29,598, interest rates from 5.28% to 8.0%
collateralized by equipment. 543,262 0
Less current portion 255,442 0
Long-term debt 3L2?LuQm
803,262 260,000
Aggregate maturities of long-term notes payable are as follows: Total
2004 255,442
2005 1 75,463
2006 112,357
2007 260,000
2008 and later 0
$803.262 /"-
NOTE 8. INCOME TAXES AND DEFERRED INCOME TAXES
r-
The provision for income taxes consists of:
Currently payable
Deferred
Contract related
Bad debt related
Contribution carryover
Depreciation related
The components of deferred income taxes are:
Contract related
Depreciation related
Income taxes prepaid and payable are:
Income taxes, current
Amounts paid to date
Included in the balance sheet as:
Deposits and prepaid expenses (current asset)
(Restated) 2003 2002
$ 2,937 $800
0 5,114
0 225
0 40
0 930
~~
36,743 36,743
2,122 2.122
&ilUif&w
$2,937 $800
6.1 10 18.910 mw
$ 3,173 $ 18,110
9
NOTE 9. ESTIMATED STOCKHOLDER INCOME TAXES
As indicated in Note 1, the corporation's taxable income or loss will be reported on the
tax returns of its stockholder. It is probable that funds needed by the stockholder to pay
current income taxes will be distributed fiom the Accumulated Adjustments Account.
Estimated current and future taxes on income taxable to stockholder are:
-
Current Year Future Years
Taxable Taxable
Income - Tax Income Tax
Federal tax at 28%
State tax at 9.3%
$ 168,119 $47,073 $2,646,644 $741,060
$217,559 20,233 $2,580,936 240.030 m l2iuJBQ
NOTE 10. OPERATING LEASES
The company leases office space under a one year lease, and construction equipment
under short-term (daily/weekly) and long-term operating leases expiring in years 2003
through 2008. The long-term construction equipment leases provide for advance
payments and for purchase options at predetermined prices at the end of their lease terms.
None of the long-term leases are considered capital leases.
2003 2002
f-
Unamortized prepaid lease expense
Security deposit, crushing equipment lease
Rental expense under all operating leases:
Office space $ 11,551 $ 10,880
Administrative equipment 2,292 13,092
Crushing equipment 1,160,194 1 ,O 16,683
Construction equipment (long-term leases) 255.087 247,936
$1.429.124-
Minimum future rental payments under non-cancelable operating leases having remaining
terms in excess of one year as of December 3 1,2003 for each of the next five years and in
the aggregate are:
2004
2005
2006
2007
2008 and later
$1,42 1,084
1,341,838
584,148
139,562
66,247
3Gi2su2
r-
10
NOTE 1 1. COMPENSATED ABSENCES .--
Employees of the company are entitled to paid vacation, paid sick days, and personal days
off, depending on job classification, length of service, and other factors. Many employees
are represented by a number of labor unions, and each contract contains different
provisions for such employeecompensated absences. In addition, management and other
nonunion employees have contracts or agreements that provide for compensated
absences. It is not practical to estimate the amount of compensation for future absences,
and, accordingly, no liability has been recorded in the financial statements. The
company's policy is to recognize the costs of compensated absences when actually paid to
employees.
NOTE 12. BACKLOG
Backlog represents the amount of revenue the company expects to realize from
uncompleted contracts in progress at year end and from signed contracts not yet started.
Contracts in progress
Contracts and adjustments
Less revenue earned to date
Contracts not started
Estimated future gross revenues
.'A-
$33,012,623 $41,736,200
18.945.137 35,585,204
14,067,486 6,150,996
66.950 923.942
$ 14.134,436 $i=zucu
NOTE 13. CONTRACTS IN PROGRESS
A summary of contracts in progress as presented on the following pages:
Costs incurred to date
Profit recognized to date
Billings to date
$ 15,106,9 17 $3 1,620,493
3,838,220 3,964.71 1
18,945,137 35,585,204
16.738,296 34.1 01.432 m-
Costs and estimated earnings in excess of billings
Billings in excess of costs and estimated earnings (30.3541 (285.0521
$2,237,195 $ 1,768,824
llLzaQu $1- 483.772
NOTE 14. COMMITMENTS
Under the terms of loan agreements with the bank, the company has made various
commitments to maintain minimum current ratios, cash flow coverage ratios, and tangible
net worth, and to limit outside financing.
11
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GUIDE FOR COMPLETING
THE "DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS"
AND
"DESIGNATION OF OWNER OPERATOWLESSOR AND
AMOUNT OF OWNER OPERATOWLESSOR WORK" FORMS
REFERENCES Prior to preparation of the following Subcontractor and Owner Operator/Lessor
disclosure forms Bidders are urged to review the definitions in Section 1-2 of the SSPWC and of 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" and "Owner
OperatorLessor." Bidders are further urged to review Section 2-3 SUBCONTRACTS of the SSPWC
and Section 2-3.1 of these Supplemental Provisions.
CAUTIONS These forms 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 a single subcontractor or owner operator/lessors or otherwise
to be performed by forces other than the Bidder's own organization will be rejected as non-
responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's
Proposal" are not included in computing the percentage of work proposed to be performed by the
Bidder.
INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every
subcontractor or Owner Operator/Lessor who the Bidder proposes to perform work or labor or render
service in or about the work or improvement, and every subcontractor or Owner Operator/Lessor
licensed as a contractor by the State of California who 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 ten
thousand dollars ($1 0,000) 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.
Bidder shall use separate disclosure forms for each Subcontractor or Owner Operator/Lessor of
manpower and equipment that it proposes to use to complete the Work. Additional copies of the
forms must be attached if required to accommodate the Contractor's decision to use more than one
Subcontractor or Owner Operator/Lessor. All items of information must be completely filled out.
These forms must be submitted as a part of the Bidder'ssealed bid. Failure to provide complete and
correct information may result in rejection of the bid as non-responsive.
Neither the amount, in dollars, of work performed by the Bidder's own forces (as Contractor) nor the
Bidder's overhead and profit for subcontracted items of the work is included to compute the
percentage of the work performed by Subcontractors or Owner 0peratorslLessot-s.
When the Bidder proposes that any bid item will installed by a Subcontractor or Owner
Operator/Lessor the amount, in dollars, of the bid item installed by each Subcontractor or Owner
Operator/ Lessor must be entered under the columns "Amount of Subcontracted Bid Item Including
Subcontractor's Overhead & Profit" or " Amount of Owner OperatorlLessor Bid Item Including Owner
Operator/Lessor's Overhead & Profit " unless the dollar amount of all work performed by any
Subcontractor or Owner Operator/Lessor is less than one-half of one percent (0.5%) of the Bidder's
total bid or ten thousand dollars ($10,000) whichever is greater. If a Subcontractor or Owner
OperatorlLessor installs or constructs any portion of a bid item the entire amount of the Contract Unit
@ 10/8/03 Contract No. 30721 Page 15 of 71 Pages
Price, less the Bidder‘s overhead and profit, shall be multiplied by the Quantity of the bid item that the
Subcontractor or Owner Operator/Lessor installs to compute the amount of work so installed.
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, the Subcontractor, or the Owner Operator/Lessor, as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in
any Subcontractor or Owner Operator/Lessor 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 or Owner Operator/Lessor installing said item.
The item number from the “CONTRACTOR’S PROPOSAL“ (Bid Sheets) shall be entered in the ”Bid
Item No.” column.
When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the number must
be entered on the form. If the Subcontractor does not have a valid business license enter “NONE” in
the appropriate space.
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.
Determination of the subcontract and Owner Operator/Lessor amounts for purposes of award of the contract shall 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.
FOR THE PURPOSES OF THIS BID, THE FOLLOWING ITEMS ARE HEREBY DECLARED BY
THE AGENCY AS “SPECIALTY ITEMS,’ TO BE USED TO DETERMINE COMPLIANCE WITH THE
REQUIREMENTS HEREIN: REFERENCE PAGE 12 HEREIN, “CONTRACTOR’S PROPOSAL,
SCHEDULE OF VALUES.” ITEM NO. 2: “CLEARING, GRUBBING AND REMOVALS;’ ITEM NO. - 3: “CHAIN LINK CONSTRUCTION FENCE;” ITEM NO. 4: “SDG&E ACCESS GATE;” ITEM NO. - 5: “ORANGE CONSTRUCTION FENCE.”
clr t? 1018103 Contract No. 30721 Page 16 of 71 Pages
I-
I
I
I
I
1
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1
x- I
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTORS BID ITEMS
CONTRACT NO. 30721
PHASE 1 - CLEARING AND GRUBBING AT
CARLSBAD MUNICIPAL GOLF COURSE
The Bidder certifies that it has used the sub-bid of the following listed subcontractor in preparing this
bid for the Work and that the listed subcontractor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and Section 4100 et seq. of the Public Contracts 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 than one-half of one percent (0.5%) of the Bidder's total bid 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.
Full Company Name of Subcontractor:
Subcontractor's Location of Business Street Address
City State Zip
Subcontractor's Telephone Number including Area Code: 1 1 - Subcontractor's California State Contractors License No. and Classification:
Subcontractor's Carlsbad Business License No.:
SUBCONTRACTOR'S BID ITEMS
Overhead & Profit In
Explanation: Column 1 - Bid Item No. from the bid proposal, pages NN through NN, inclusive. Column 2 - The dollar amount of the item to be performed by the Subcontractor. Column 3 - The dollar amount of the item to be performed by Contractots own forces. Column 4 - The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the Subcontractor's forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages NN through NN, inclusive.
Page of pages of this Subcontractor Designation form
a w 10/8/03 Contract No. 30721 Page 17 of 71 Pages
DESIGNATION OF OWNER OPERATOWLESSOR AND
AMOUNT OF OWNER OPERATOWLESSOR WORK
CONTRACT NO. 30721
PHASE I -CLEARING AND GRUBBING AT
CARLSBAD MUNICIPAL GOLF COURSE
The Bidder certifies that it has used the sub-bid of the following listed Owner Operator/Lessor in preparing this bid for the Work and that the listed Owner Operator/Lessor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and Section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional Owner Operator/Lessor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the Owner Operator/Lessors listed work will be made except upon the prior approval of the Agency.
Full Owner Operator/Lessor Name:
Owner Operator/Lessor Location of Business
Street Address
City State Zip
Owner Operator/Lessor Telephone Number including Area Code: ( 1 -
Owner Operator/Lessor City of Carlsbad Business License No.:
OWNER OPERATOWLESSOR WORK ITEMS
Explanation: Column 1 - Bid Item No. from the bid proposal, pages NN through ", inclusive. Column 2 - The dollar amount of the item to be performed by the Owner Operator/Lessor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the Owner OperatorlLessor's forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal a ,.-- pages NN through NN, inclusive.
Page of pages of this Owner Operator/Lessor form
1018103 Contract No. 30721 Page 18 of 71 Pages
BIDDERS STATEMENT OF FINANCIAL
(To Accompany Proposal)
CONTRACT NO. 30721
RESPONSIBILITY
PHASE I - CLEARING AND GRUBBING AT
CARLSBAD MUNICIPAL GOLF COURSE
Copies of the latest Annual Report, audited financial statements or Balance Sheets may be
submitted under separate cover marked CONFIDENTIAL.
10/8103 Contract No. 30721 Page 19 of 71 Pages
,--
BIDDERS STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
CONTRACT NO. 30721
PHASE 1 - CLEARING AND GRUBBING AT
CARLSBAD MUNICIPAL GOLF COURSE
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 hisher responsibility, experience and skill. An attachment can be used.
Contract No. 30721 Page 20 of 71 Pages
--
PARTIAL PROJECT LIST
Tvpe of Work: Street Improvements
Project Name:
Owner: US Marine Corps
Client: RA Burch
Address:
Amount of Contract: $3 14,754.83
Point of Contact: Dora Beltran
Marine Corps Air Ground Combat Center
PO Box 1590,1112 B Street, Ramona CA 92065
Phone Number: 760-788-0800
Project Name: Olivenhein Dam
Owner: Olivenhein Water District
Client: Kiewit Pacific
Address:
Point of Contact: Michael Bredlie
PO Box 1769, Vancouver WA 98668 --- Amount of Contract: $302,790.35
Phone Number: 858-756-4089
Project name: Otay Ranch Village
Owner: Per unit ownership
Client: Pacific Coast Communities
Address:
Amount of Contract: $565,000
Point of Contact: Dawn Norton
3820 Valley Center Drive, San Diego, CA 92 130
Phone Number: 858-259-2960
Project name: San Marcos Blvd
Owner: City of San Marcos
Client: Hensel Phelps Address:
Amount of Contract: $1,041,63 1.70
Point of Contact: Andy Burdett
2415 Campus Dr., Ste. 100, Imine, CA 92612
Phone Number: 949-852-01 11
BIDDERS CERTIFICATE OF INSURANCE FOR
GENERAL LlABl LITY, EM PLOY ERS' LIABILITY, AUTO MOTIVE
LIABILITY AND WORKERS' COMPENSATION
(To Accompany Proposal)
CONTRACT NO. 30721
PHASE 1 - CLEARING AND GRUBBING AT
CARLSBAD MUNICIPAL GOLF COURSE
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:
Comprehensive General Liability
Automobile Liability
0 Workers Compensation
0 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.
1-
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.
1018l03 Contract No. 30721 Page 21 of 71 Pages
MARSH
~- ~- 156937-00008--
INSURED
~~
ROMERO GENERAL CONSTRUCTION CORP 2150 N CENTRE CITY PKWY.. SUITE I ESCONDIDO. CA 92026
C E RTlFlCATE OF INSURANCE CERTIFICATE
LOS-000447476-01
COMPANY
-____ A VIRGINIA SURETY COMPANY INC __ ~
COMPANY
- _~.________~ B
COMPANY
____ C
COMPANY
D
PRODUCER Marsh Risk & Insurance Services 4445 Eastgate Mall, Suite 300 San Diego, CA 92121-1979
co
LT R
A
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POLICIES DESCRIBED HEREIN.
TYPE OF INSURANCE
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY 1 CLAIMSMADE OCCUR
OWNERS 8 CONTRACTORS PROT
__
x $tMo DFnZTlR[ F __
COMPANIES AFFORDING COVERAGE __ ~_____.__~
GENERAL AGGREGATE
PRODUCTS - COMPlOP AGG
PERSONAL & AOV INJURY
EACHOCCURRENCE
FIRE DAMAGE (Any one fire)
~- - _~ -
MED EXP (Any me person)
$ 2,000.00c
2.000,00c
$ 1 ,ooo,ooc
$ 1 ,ooo,ooc
50,000
$ io,ooa
$
-- ~______
__ $
1 CA0000050099202
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRE0 AUTOS
t--
1 010 1 IO4
GARAGE UABIUTY 7 AUTO ONLY - EA ACCIDENT
OTHER THAN AUTO ONCY
EACHACCIDENT
AGGREGATE
EACHOCCURRENCE
AGGREGATE
~~
UMBRELLA FORM
- $
$ .. -
$
$-- __
$ !x OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND h EMPLOYERS LIABILITY
THE PROPRETOW
PARTNERS/EXECUTIVE
OFFICERS ARE:
OTHER
L DESCRIPTION OF OPERATlONSlLOCATlONSNI
POUCY EFFECTIVE POUCY NUMBER
~ IlCLESlSPEClAL ITEMS
-
POLICY EXPIRATION
DATE (MMIDDIYY)
10101 I05
1OIO1 I05
10101 I05
LIMITS
COMBINED SINGLE LIMIT i .ooo,ooo
._____
BODILY INJURY
(Per person)
BODILY INJURY
(Per accident)
I$ PROPERTY DAMAGE
iL EACH ACCIDENT 1,000,000
iL DISEASE-POLICY LIMIT 1,000,000
1.000.000
~~~
-~____.
PROJECT N0.30721-CARLSBAD MUNICIPAL GOLF COURSE PHASE 1-GRUBBING & CLEARING
THE CITY OF CARLSBAD, IT'S OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED AS RESPECTS LIABILITY ARISING OUT OF ACTIVITIES PERFORMED BY OR ON BAHALF OF THE NAMED INSURED. INSURANCE IS PRIMARY AND NON-CONTRIBUTORY.
I SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,
CITY OF CARLSBAD 1635 FARADAY AVENUE CARLSBAD. CA 92008-7314
THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL 3 DAYS WRITTEN NOTICE TO THE
CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE ITS AGENTS OR REPRESENTATIVES, OR THE
ISSUER OF THIS CERTIFICATE
MARSH USA INC.
BY: Gail L. King
POLICY NUMBER: 1 CG50089202
ROMERO GENERAL CONSTRUCTION CORPORATION
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. -
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
THE CITY OF CARLSBAD, IT'S OFFICIALS, EMPLOYEES AND VOLUNTEERS
PROJECT N0.30721- CARLSBAD GOLF COURSE PHASE 1
(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 It) 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.
- PrirnandNon-Contributory
It is agreed that this insurance is primary as respects any other insurance maintained by or available to the certificate
holder and that any other such insurance maintained by or available to the certificate holder is excess and non-
contributory with this policy.
CG20 10 11 85
-
Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1
BIDDERS STATEMENT RE DEBARMENT
(To Accompany Proposal)
CONTRACT NO. 30721
PHASE 1 - CLEARING AND GRUBBING AT
CARLSBAD MUNICIPAL GOLF COURSE
1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California?
Yes no
2) If yes, what washere the name@) of the agency(ies) and what waslwere the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two
debarments.
party debarred
agency
period of debarment
party debarred
agency
period of debarment
BY CONTRACTOR:
(name of Contractor) I
10l8103
Page of pages of this Re Debarment form
Contract No. 30721 Page 22 of 71 Pages
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
CONTRACT NO. 30721
PHASE I -CLEARING AND GRUBBING AT
CARLSBAD MUNICIPAL GOLF COURSE
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.
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?
Has the suspension or revocation of your contractor license ever been stayed? x no
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?
Has the suspension or revocation of the license of any subcontractor’s that you propose to
perform any portion ever been stayed?
Yes
If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of
the violation and the disciplinary action taken therefor.
(If needed attach additional sheets to provide full disclosure.)
Page of pages of this Disclosure of Discipline form
‘Es 1018103 Contract No. 30721 Page 23 of 71 Pages
BIDDERS DISCLOSURE OF DISCIPLINE
(CONTINUED)
(To Accompany Proposal)
CONTRACT NO. 30721
RECORD
PHASE 1 - CLEARING AND GRUBBING AT
CARLSBAD MUNICIPAL GOLF COURSE
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.
(If needed attach additional sheets to provide full disclosure.)
BY CONTRACTOR:
(name of Contractor1
c
By: !bcikhqc* (z&?hwl
(&gn here)
Page of pages of this Disclosure of Discipline form
Contract No. 30721 Page 24 of 71 Pages
.-
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
CONTRACT NO. 30721
PUBLIC CONTRACT CODE SECTION 7106
PHASE 1 - CLEARING AND GRUBBING AT
CARLSBAD MUNICIPAL GOLF COURSE
State of California )
County of 1 ) ss.
JCGW c- RAh,iflq , being first duly swom, deposes
(Name of Bidder)
and says that he or she is
(Title)
I (Name of Firm)
of
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 penalkt perjury that the foregoi g is true and correct and that this affidavit was
executed on the lSJ dayof Sw!mber , 2004.
4w tS 10l8103 Contract No. 30721 Page 25 of 71 Pages
00/10/2004 15:OS FAX
L_
+ ROMERO CARLSBAD @I 001
.a i
I City of Carlsbad
September 9,2004
AqPENDUM NO. I
RE: CARLSBAD MUNICIPAL GOLF COURSE PHASE I - GRUBBING 8
CLEARING, CONTRACT NO. 30721
Please include the attached addendum in the Notice to Bidder/Request for Bids'hu have for the above project
This addendumyeceipt acknowledged-must be attached to your Request for Bid when your bid is submitted.
--
Buyer
KD:dli
Attachment i .
-. I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 ,
A
c-
1635 Faraday Avenue * Carlsbad. CA 92008-7314 - (766) 602-2430 FAX v60) 602-8553
www.ci-carlsbad.ca.us - Busiriess Llcense (760) 602-2495
Purchasing (760) 602-2460 - FAX (760) 602-8556 - Bid Line (760) 602-2464
Utility Billing (760) 602-2420
CONTRACT
PUBLIC WORKS
This agreement is made this 1 04& day of DQcQmbQC ,2004, by and between
the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"),
and ROMERO GENERAL CONSTRUCTION whose principal place of business is
2150 N. CITY CENTRE PARKWAY fl, ESCONDIDO, CA 92026
called "Contractor").
(hereinafter
City and Contractor agree as follows:
I. Description of Work. Contractor shall perform all work specified in the Contract documents
for:
PHASE I - CLEARING AND GRUBBING AT CARLSBAD MUNICIPAL GOLF COURSE,
CONTRACT NO. 30721
(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, Noncollusion 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, herhis 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) 1997 Edition, and the 1998 and 1999 supplements thereto,
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.
a 10/8/03 Contract No. 30721 Page 26 of 71 Pages
5. Independent Investigation. Contractor has made an independent investigation of the
jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the
work, and is aware of those conditions. The Contract price includes payment for all work that may be
done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any
information that may have been furnished to Contractor by City about underground conditions or
other job conditions is for Contractor's convenience only, and City does not warrant that the
conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground
conditions and has not relied on information furnished by City.
6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging
trenches or other excavations that extend deeper than four feet below the surface Contractor shall
promptly, and before the following conditions are disturbed, notify City, in writing, of any:
A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste,
as defined in Section 251 17 of the Health and Safety Code, that is required to be removed to a Class
I, Class II, or Class 111 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 USC 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
Con tract.
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.
e 1018103 Contract No. 30721 Page 27 of 71 Pages
9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and
indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage,
injury and liability of every kind, nature and description, directly or indirectly arising from or in
connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety
and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may
be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except
for loss or damage caused by the sole or active negligence or willful misconduct of the City. The
expenses of defense include all costs and expenses including attorneys' fees for litigation,
arbitration, or other dispute resolution method.
Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense
costs include the cost of separate counsel for City, if City requests separate counsel.
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.
IO. 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 0,000,000 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 0,000,000 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 $10,000,000
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.
Contract No. 30721 Page 28 of 71 Pages
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.
to the City, its officials, employees or volunteers.
Any failure to comply with reporting provisions of the policies shall not affect coverage provided
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.
4m %? 10/8/03 Contract No. 30721 Page 29 of 71 Pages
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 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 venue and jurisdiction for
California.
resolution of any disputes between the parties arising out of this
I have read and understand all provisions of Section 11 above.
(In itial)
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 &he
return of this Contract. Contractor shall notify the City by certified mail of any change of addiess of
such records.
13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with Sectinii 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
Contract No. 30721 Page 30 of 71 Pages
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
AlTACHED
(CORPORATE SEAL)
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
w PY City Attorney
By:
43 10/8/03 Contract No. 30721 Page 31 of 71 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California } SS.
On
personally appeared
&ersonally known to me
0 proved to me on the basis of satisfactory
evidence
to be the personh whose name(& is/*
subscribed to the within instrument and
acknowledged to me that he/shq/tryl executed
the same in his/t)er/their authorized
capacity(h), and that by his/hb@hqir
signaturewon the instrument the personM, or
the entity upon behalf of which the persow
acted, executed the instrument.
hand and official seal.
lgnature d Notary Public
OPTIONAL -?Y----
Though the information below is not required by law, it may prove valuable to persons rewing on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name:
0 Individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
0 1999 National Notary Association * 9350 De Soto Ave., P.0. Box 2402 Chatsworth, CA91313-2402 * www.nationalnotary.org Prod. No. 5907 Reorder. Call Toll-Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of . ~uulDlt&b } ss.
On
personally appeared
fiersonally known to me 7 proved to me on the basis of satisfactory
evidence
to be the personw whose name(!+. isk
subscribed to the within instrument and
acknowledged to me that he/st?&l%y executed
the same in his/h&s@qr authorized
capacity(N, and that by his/ba$hy
signatureRon the instrument the person(hor
the entity upon behalf of which the persow
acted, executed the instrument.
OPTlONA L
Though the information below IS not required by law, it may prove valuable to persons re/ying on the document and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name:
1 0 Individual 1 0 Corporate Officer - Title(s):
0 Partner - 0 Limited C General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator n Other:
Prod. No 5907 Reorder. Call Toll-Free 1-800.876-6827 D 1999 Natlonal Notaw Association. 9350 ~e soto AYB.. p.0 BOX 2402 * Chatswonh CA 91 313-2402 * www natlonalnolary org
Bond #a790259 Premium is included in Performance Bond
LABOR AND MATERIALS BOND
WHEREAS, the City Council of the Ci of Carlsbad State of California, by Resolution No.
, has awarded to 2004-370 , adopted NOVE # BER 16, 2004
ROMERO GENERAL CONSTRUCTION COKP-
(hereinafter designated as the "Principal"), a Contract for:
PHASE 1 - CLEARING AND GRUBBING at Carlsbad Municipal Golf Course, Contract No. 30721.
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,
as Principal, (hereinafter designated as the "Contractor"), and FIDELITY AND DEPOSIT OMPAN'Y OF MAR- as Surety, are held firmly bound unto the Ci of Carlsbad in the sum of tOUR HUNDRtU
($ 482,111.05
ROMERO GENERAL CONSTRUCTION COW?-
, EIGHTY TWO THOUSAND, ONE HUNDRED EL ? VEN and FIVE CENTS Dollars
), said sum being an amount equal to: - One hundred percent (100%) of the total estimated amount payable under said contract by the City
of Carlsbad under the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000) or,
Fifty percent (50%) of the total estimated amount payable under said contract by the City of Carlsbad
under 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) or,
Twenty-five percent (25%) of the total estimated amount payable under said contract by the City of
Carlsbad under the terms of the contract if the contract exceeds ten million dollars ($10,000,000) 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 person or hidher 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, or
for amounts due under the Unemployment Insurance Code with respect to such work or labor, 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 such work and labor that the Surety will pay for the same, not to exceed the sum specified in the bond, and, also, in case suit is brought upon
the bond, costs and reasonable expenses and fees, including reasonable attorney's fees, to be fixed
by the court, as required by the provisions of Section 3248 of the California Civil Code.
m+
10/8/03 Contract No. 30721 Page 32 of 71 Pages
This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file
claims under Title 15 of Part 4 of Division 3 of the Civil Code (commencing with Section 3082).
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.
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 Executed by SURETY this 23rd day
day of ,2004. of November , 2004.
CONTRACTOR: SURETY:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
14172 MOONCREST STREET
WESTMINSTER. CA 92683
(name of Surety)
(address of Surety)
\\u
n (pkint name here)
-.
organization of signatory)
-
(title and organization of signatory)
714-292-7762
LETICIA SAN MARTIN. ATTORNEY-IN-FACT
(printed name of Attorney-in-Fact)
(attach corporate resolution showing current power of attorney)
(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 oniy
one officer signs, the corporation must attach a resolution certified by the secretary or assistan:
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM: RONALD R. BALL
City Attorney
By: / AbeisQnt City Attorney
-
a 10/8/03 Contract No. 30721 Page 33 of 71 Pages
- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
} SS.
V V&UL.Nk~Lh\i On before me, W
personally appeared
F\~~XMIV Name and Ttle of Officer (8 g , “Jane Doe.
Name@) Slgner(s)
drsonally known to me
proved to me on the basis of satisfactory
evidence
to be the person@+,whose nameM is/ak
subscribed to the within instrument and
acknowledged to me that he/sfN$ey executed
the same in his/ r/ ir authorized
signature(qon the instrument the person- or
the entity upon behalf of which the persona
acted, executed the instrument.
capacityw and that \% by his/hWthbq
hand and official seal.
Signature of Notaly Public 0
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons re/ying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name:
Individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
Attorney-in-Fact
Trustee
Guardian or Conservator
0 Other:
Signer Is Representing: I
0 1999 National Notary Association - 9350 De Soto Ave , PO. Box 2402 Chatsworlh. CA 91313-2402 - www.nationalnota~.org Prod No. 5907 Reorder. Call Toll-Free 1-600676-6827
I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
personally known to me
proved to me on the basis of satisfactory
evidence
to be the perso? whose, nameyis/ars,
subscribed to the within instrumen and
acknowledged to me
the same in
capacitw, and
signature&) on the instrument the personw, or
the entity upon behalf of which the persona
acted, executed the instrument.
WITmy hand and official seal.
Signature of Notary Public Y W
OPTIONAL
Though the information below is not required by law. it may prove valuable to persons reking on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer@) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name:
0 Individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing: I
199 National Notary Association * 9350 De Soto Ave , PO Box 2402 - Chatsworlh, CA91313-2402 - wwwnallonalnotaryorg Prod No 5907 Reorder Call Toll-Free 1-800876-6827
CALlFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Diepo } SS.
On November 239 2o04 , before me, Penny E. Kelley, Notary Public I Name and Title of ORicer (e.% "Jane Doe. Notary Public") Date
personally appeared Leticia San Martin 1
Name@) of Signer@)
EFpersonaIly known to me
0 proved to me on the basis of satisfactory
evidence
to be the persorJgg whose name@) iswlEs
subscribed to the within instrument and
acknowledged to me that Wshemexecuted
the same in XEXher/= authorized
capacit-), and that by BBPg/her2UG!IE
signature@) on the instrument the person($), or
the entity upon behalf of which the personw
acted, executed the instrument.
Place Notary Seal Above
OPTIONAL
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Title or Type of Document:
Document Date: Number of Pages:
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0 Individual
D Corporate Officer - Title(s):
0 Partner: - 0 Limited 0 General
D Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 0 1999 National Notav Associaiion - 9350 De Solo Ave., P.0 Box 2402 * Chatswotth, CA9i313-2402 * mnv.nalionalnota~.org
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and GREGORY E. MURRAY, Assistant
constitute and appoint Leticia SAN MARTIN
make, execute, seal and deliver, for, and on its
undertakings, and
The said Assistant
IN WITNESS ice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 9th day of September,
A.D. 2004.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Gregory E. Murray Assistant Secretary William J. Mills Vice President F
State of Maryland ss:
On this 9th day of September, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came WILLIASl J. MILLS, Vice President, and GREGORY E. MURRAY, Assistant Secretary
of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
TN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
City of Baltimore I
Dennis R. Hayden Notary Public
My Commission Expires: February 1,2005
POA-F 01 2-931 OC
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
i
“Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-president, or any of the Senior
Vice-presidents or Vice-presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-presidents, Assistant Vice-presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages, ... and to affix the seal of the Company thereto.”
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice-president who executed the said Power of Attorney was one of the additional Vice-presidents specially authorized
by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: ”That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-president, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed.“
JN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
2004 . -9 this 23rd dayof November
Assislanl secretary
ZURICH
I THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND
We are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of
2002. No action is required on your part,
Disclosure of Terrorism Premium
The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is
$-waived-. This amount is reflected in the total premium for this bond.
Disclosure of Availabilitv of Coverage for Terrorism Losses
As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses
resulting &om acts of terrorism (as defined in the Act) with terms, amounts, and hitations that do not differ
materially as those for losses arising from events other than acts of terrorism.
Disclosure of Federal Share of Insurance Comnanv’s Terrorism Losses
The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will
share in insurance company losses resulting fiom acts of terrorism (as defined in the Act) after a insurance company
has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1 % of
direct earned premium in the prior year; for 2003,7% of direct earned premium in the prior year; for 2004,10% of
direct earned premium in the prior year; and for 2005,15% of direct earned premium in the prior year. The federal
ke of an insurance company’s losses above its deductible is 90%. In the event the United States government
participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge
fiom policyholders. The Act does not currently provide for insurance industry or United States government
participation in terrorism losses that exceed $1 00 billion in any one calendar year.
Definition of Act of Terrorism
The Terrorism Risk Insurance Act defines “act of terrorism” as any act that is certified by the Secretary of the
Treasury, in concurrence with the Secretary of State and the Attorney General of the United States:
1. to be an act of terrorism;
2. to be a violent act or an act that is dangerous to human life, property or infrastructure;
3. to have resulted in damage within the United States, or outside of the United States in the case of an air
carrier (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a
vessel based principally in the United States, on which United States income tax is paid and whose insurance
coverage is subject to regulation in the United States), or the premises of a United States mission; and
4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign
interest as part of an effort to coerce the civilian population of the United States or to influence the policy or
affect the conduct of the United States Government by coercion.
But, no act shall be certified by the Secretary as an act of terrorism ifthe act is committed as part of the course of a
war declared by Congress (except for workers’ compensation) or property and casualty insurance losses resulting
from the act, in the aggregate, do not exceed $5,000,000.
These disclosures are informational only and do not modify your bond or affect your rights under the bond.
copyright Zurich American Insurance Company 2003
surety terrorism disclosure notice.doc
Bond 18790259
Premium: $4665.00 Premium is for contract term and is subject to adjustment based on final contract price.
FAITHFUL PERFORMANCEMARRANTY BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution
, has awarded to N~. 2004-370 , adopted NOVEMBER 16, 2004
, (hereinafter ROMERO GENERAL CONSTRUCTION COW.
designated as the "Principal"), a Contract for: Carlsbad Municipal Golf Course, Contract No. 30721.
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, ROMERO GENERAL CONSTRUCTION COR€'- , as Principal,
(hereinafter designated as the "Contractor"), and Fidelity and Deposit CompanY of Maryland
, as Surety, are held and firmly bound unto the City of Carlsbad,
), said sum being equal to in thesumof ONE HUNDRED ELEVEN FIVE
one hundred percent (100%) of the estimated amount of the Contract, to be paid to City or its certain
pWT4ND FOUR HUNDRED EIGHTY TWO T
o ars ($482,111.05
attorney, its successors and assigns; 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.
@ 10/8/03 Contract No. 30721 Page 34 of 71 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
day of ,2004.
CONTRACTOR:
ROMERO GENERAL CONSTRUCTION COW.
By:
\h& (Title and Organization of Signatory)
By:
-
(Title and Organization of signatory)
Executed by SURETY this 23rd day of
,2004. November
SURETY:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
(name of Surety)
14172 MOONCREST STREET
WESTMINSTER, CA 92683
(address of Surety)
714-292-7762
(telephone number of Surety)
LETICIA SAN MARTIN, ATTORNEY-IN-FACT
(printed name of Attomey-in-Fact)
(Attach corporate resolution showing current
power of attorney.)
(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
10/8/03 Contract No. 30721 Page 35 of 71 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California ’I
before me, %wklwz, Name and Tfile of Mficer (e b , “Jane NW&\ Doe, NoIadPublic”) C!
NaJ of Signer(s)
Dale
personally appeared
personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the personN whose namew is/ak
subscribed to the within instrument and
acknowledged to me that he/sh@ey executed
the same in his/hm(theif authorized
capacity(re4, and that by his/hhth*
signaturewon the instrument the person(!$, or
the entity upon behalf of which the persona
acted, executed the instrument.
I
I U OPTIONAL
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fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(@ Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name:
0 Individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
Guardian or Conservator
0 Other:
Signer IS Representing: u
0 1999 National Notary Association * 9350 De Solo Ave PO Box 2402 - Chatswollh CA91313-2402 - ~~~natlonalnotaryorg Prod No 5907 Reorder Call Toll Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
personally appeared i-
evidence
to be the personm\whose namekis/ac4
subscribed to the within instrument and
acknowledged to me that he/sWWy executed
the same in his/tT?q/tkeir authorized
capacityw and that by his/b@/W
signaturewn the instrument the personts): or
the entity upon behalf of which the persortfs)
acted, executed the instrument.
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
El Corporate Officer - Title(s): n Partner - n Limited 7 General
0 Attorney-in-Fact
fl Guardian or Conservator
Signer Is Representing:
Q 1999 Natjonal Notary Assmation - 9350 De Soto Ave , PO Box 2402 - Chatswcnh. CA 91313-2402 - www natlcnalnotav org Prod No 5907 Reorder Call Tcll~Free 1-800-8764827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Countyof San Diego } SS.
On before me, Penny E. Kelley, Notary Public , Nwember 239
Name and Tide of Officer (e.g., 'Jane Doe, Notary Public") Date
personally appeared Leticia San Martin 9 Name(s) of Signer($
er%personally known to me
proved to me on the basis of satisfactory
evidence
to be the persow whose name(%) im
subscribed to the within instrument and
acknowledged to me that Wshewexecuted
the same in mer/= authorized
capacitw), and that by XIWherlEHlSZ
signature@) on the instrument the person($), or
the entity upon behalf of which the personw
acted, executed the instrument.
< gnature of Notary Pubkc Place Notary Seal Above
OPTIONAL
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Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
0 Individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing: u
Q 1999 Nalional Notary Association - 9350 De Solo Ave , PO Box 2402 + Chatsworth. CA 91313-2402 * w.nationahotaFI.org Prod. No 5907 Reorder. Call Toll-Free 1-800-876-6827
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and GREGORY E. MURRAY, Assistant
IN WITNESS ice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 9th day of September,
A.D. 2004.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Gregory E. Murray Assistant Secretary William J. Mills Vice President F
State of Maryland ss:
On th~s 9th day of September, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came WILLIAM J. MILLS, Vice President, and GREGORY E. MURRAY, Assistant Secretary
of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
City of Baltimore I
Dennis R. Hayden Notary Public
My Commission Expires: February 1,2005
POA-F 012-931OC
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-president, or any of the Senior
Vice-presidents or Vice-presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-presidents, Assistant Vice-presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages, ... and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice-president who executed the said Power of Attorney was one of the additional Vice-presidents specially authorized
by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th tiay of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-president, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
Assistant secretary
ZURICH - THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND
We are malang the following informational dwlosures in compliance with The Terrorism Risk Insurance Act of
2002. No action is required on your part
Disclosure of Terrorism Premium
The premium charge for risk of loss resultmg from acts of terrorism (as defined in the Act) under this bond is
$-waived-. This amount is reflected in the total premium for this bond.
Disclosure of Availability of Coverage for Terrorism Losses
As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses
resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ
materially as those for losses arising from events other than acts of terrorism.
Disclosure of Federal Share of Insurance Comuanv's Terrorism Losses
The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will
share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company
has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1 % of
direct earned premium in the prior year; for 2003,7% of direct earned premium in the prior year; for 2004,10% of
direct earned premium in the prior year; and for 2005,15% of direct earned premium in the prior year. The federal
hue of an insurance company's losses above its deductible is 90%. In the event the United States government
3articipates in losses, the United States government may direct insurance companies to collect a terrorism surcharge
from policyholders. The Act does not currently provide for insurance industry or United States government
participation in terrorism losses that exceed $100 billion in any one calendar year.
Definition of Act of Terrorism
The Terrorism Risk Insurance Act defines "act of terrorism'' as any act that is ceMied by the Secretary of the
Treasury, in concurrence with the Secretary of State and the Attorney General of the United States:
1. to be an act of terrorism;
2. to be a violent act or an act that is dangerous to human life, property or infrastructure;
3. to have resulted in damage within the United States, or outside of the United States in the case of an air
carrier (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a
vessel based principally in the United States, on which United States income tax is paid and whose insurance
coverage is subject to regulation in the United States), or the premises of a United States mission; and
4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign
interest as part of an effort to coerce the civilian population of the United States or to influence the policy or
affect the conduct of the United States Government by coercion.
But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a
war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting
from the act, in the aggregate, do not exceed $5,000,000.
These disclosures are informational only and do not modify your bond or affect your rights under the bond.
Copyright Zurich American Insurance Company 2003
surety terrorism disclosure notice.doc
OPTIONAL ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the City of Carlsbad whose
address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and
whose address is
hereinafter called
"Contractor" and whose address is
hereinafter
called "Escrow Agent."
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows:
1. Pursuant to Sections 22300 and 10263 of the Public Contract Code of the State of California,
the contractor has the option to deposit securities with the Escrow Agent as a substitute for retention
earnings required to be withheld by the City pursuant to the Construction Contract entered into
between the City and Contractor for Carlsbad Municipal Golf Course, Contract No. 30721 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
, 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
-
@ 10/8103 Contract No. 30721 Page 36 of 71 Pages
Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor.
7. The City shall have a right to draw upon the securities in the event of default by the Contractor.
Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent
shall immediately convert the securities to cash and shall distribute the cash as instructed by the City.
8. Upon receipt of written notification from the City certifying that the Contract is final and complete
and that the Contractor has complied with all requirements and procedures applicable to the
Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon
disbursement of all moneys and securities on deposit and payments of fees and charges.
9. The Escrow Agent shall rely on the written notifications from the City and the contractor pursuant to Sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above.
IO. The names of the persons who are authorized to give written notices or to receive written notice
on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of
their respective signatures are as follows:
For City: Title
Name
Signature
For Contractor:
For Escrow Agent:
Title
Name
Signature
Address
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.
10/8/03 Contract No. 30721 Page 37 of 71 Pages
.-
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.
For City:
For Contractor:
For Escrow Agent:
10/8/03
Title
Name
Signature
Address
Title
Name
Signature
Address
Title
Name
Signature
Address
Contract No. 30721 Page 38 of 71 Pages
SUPPLEMENTAL PROVISIONS
FOR
CARLSBAD MUNICIPAL GOLF COURSE
CONTRACT NO. 30721
PHASE I - CLEARING AND GRUBBING AT
CARLSBAD MUNICIPAL GOLF COURSE
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART 1, GENERAL PROVISIONS
SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS
1-1 TERMS
Add the following section:
1-1 .I 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
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.
1018l03 Contract No. 30721 Page 39 of 71 Pages
Agency - the City of Carlsbad, California.
.-
City Council - the City Council of the City of Carlsbad.
City Manager - the City Manager of the City of Carlsbad or hisher 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 hisher 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 income taxes paid and administered, as applicable, by the Contractor. When used in
Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases
and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an
operator is not part of the Contractor's Own Organization and will not be included for the purpose of
compliance with Section 2-3.1 of the Standard Specifications and these 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.
1-3 ABBREVIATIONS
1-3.2 Common Usage, add the following:
Abbreviation Word or Words Apts ........................................ Apartment and Apartments
Bldg ...................................... ..Building band Buildings
CMWD .................................... Carlsbad Municipal Water District
CSSD ..................................... Carlsbad Supplemental Standard Drawings
cfs ........................................... Cubic Feet per Second
Comm ..................................... Commercial
DR .......................................... Dimension Ratio E ............................................. Electric
G ............................................. Gas
gal ........................................... Gallon and Gallons
Gar ......................................... Garage and Garages
GNV ........................................ Ground Not Visible
gpm ......................................... allons per minute IE ............................................ Invert Elevation
LCWD ..................................... Leucadia County Water District
MSL ........................................ Mean Sea Level (see Regional Standard Drawing M-I 2)
NCTD ..................................... North County Transit District
OHE ........................................ Overhead Electric
MTBM ..................................... Microtunneling Boring Machine
?@ 1018l03 Contract No. 30721 Page 40 of 71 Pages
.-
OMWD ................................... Olivenhain Municipal Water District
ROW ...................................... Rig ht-of-Way
S ............................................. Sewer or Slope, as applicable
SDNR ........! ............................ San Diego Northern Railway
SDRSD ................................... San Diego Regional Standard Drawing
SFM ........................................ Sewer Force Main
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, delete the next to last paragraph.
24 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
performance/warranty bond and payment bond (labor and materials bond) for this contract. The
faithful performance/warranty bond shall be in the amount of 100 percent of the contract price. 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 ($1 0,000,000).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract
exceeds ten million dollars ($1 0,000,000).
Both bonds shall extend in full force and effect and be retained by the Agency during this project until
they are released according to the provisions of this section.
The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days
after recordation of the Notice of Completion and will remain in full force and effect for the one year
warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The
bonds to secure payment of laborers and materials suppliers shall be released six months plus 30
days after recordation of the Notice of Completion if all claims have been paid.
Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized
to transact the business of insurance in California and whose assets exceed their liabilities in an
amount equal to or in excess of the amount of the bond. The bonds are to contain the following
documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the
insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in
Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may
instrument entitling or authorizing the person who executed the bond to do so.
@ 10/8/03 Contract No. 30721 Page 41 of 71 Pages
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), 1997 Edition, and the 1998 and 1999
supplements thereto, 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 set of drawings.associated with the project. The standard
drawings used for this project are the latest edition of the San Diego Area Regional Standard
Drawings, hereinafter designated SDRS, as issued by the San Diego County Department of Public
Works, together with the most recent editions of the City of Carlsbad Supplemental Standard
Drawings, hereinafter designated as CSSD, as issued by the City of Carlsbad and the Carlsbad
Municipal Water District Standard Plans hereinafter designated as CMWDSD, as issued by the
Carlsbad Municipal Water District.
2-5.1.1 Substitutions and Product Options. Within 21 days after notice to proceed, formal
requests will be considered for substitutions of products in place of those specified. After the end of
that period, substitution requests will be considered only if specified product or system has gone out
of production subsequent to bidding, or specified product or system has been deemed illegal or
dangerous by governing agencies having jurisdiction over this project.
It is the intent of the Owner and Architect to have this project constructed with materials, products
and systems originally designed and specified into project. This opportunity to request substitutions
is not for the convenience of bidders or contractors to submit bids for materials, products and
systems which may be more familiar to them, or having a lesser cost.
1. The contractor will be required to bear the cost for additional compensation to the Architect and
his consultants for evaluation services, redesign or redetailing of the Contract Documents.
Submit separate request for each substitution. Support each request with an explanation for the
request, and include:
1. Complete data substantiating compliance of proposed substitutions with requirements stated in
Contract Documents.
a. Product identification, including manufacturer’s name and address.
b. Manufacturer’s literature; identify:
1) Product description,
2) Reference standards,
3) Performance and test data.
c. Samples, as applicable.
d. Name, address, and date of similar projects on which product has been used, and date of
each installation, as well as servicing agency and installer.
2. Itemized comparison of the proposed substitution with products specified, listing significant
variations.
3. Data relating to changes in the construction schedule.
4. Any effect of substitution on separate contracts.
@ 10/8/03 Contract No. 30721 Page 42 of 71 Pages
5. Any effect of substitution on in-place construction, or other materials and systems to be installed.
6. Accurate cost data comparing proposed substitution with product specified.
7. Designation of required license fees or royalties.
8. Designation of availability of maintenance services and sources or replacement materials.
Substitutions will not be considered for acceptance when:
1. They are indicated or implied on shop drawings or product data submittals without formal
request .
2. Acceptance may require extensive revision of Contract Documents.
Substitute products shall not be ordered or installed without written acceptance and authorization of
Owner and Architect.
Only the Owner and his representatives will be determine the acceptability of proposed substitutions.
In making a legitimate, authorized, formal request for substitution, represent that:
1. A thorough investigation has transpired concerning the proposed product, and it has been
determined that it is equal to or superior in all respects to that specified. 2. The same warranties or bonds, and guarantees will be provided as for that specified.
3. Installation of the accepted substitution will be coordinated into the work; and such changes to in-
place work, ordered materials and products, or other work to be in progress prior to installation of
the requested substitutions, will be performed without any additional cost to Owner.
Requests for substitutions must be expeditiously fowarded for consideration.
Notification of decisions concerning acceptance or rejection will be in writing, and are final without
need for clarification.
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) Supplemental Provisions.
3) Plans.
4) Standard Plans.
a) City of Carlsbad Supplemental Standard Drawings.
b) Carlsbad Municipal Water District Standard Drawings.
c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings.
d) San Diego Area Regional Standard Drawings.
e) State of California Department of Transportation Standard Plans.
5) Standard Specifications for Public Works Construction. 6) Reference Specifications.
7) Manufacturer’s Installation Recommendations.
Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will
take precedence over items 2) through 7) above. Detailed plans and plan views shall have
precedence over general plans.
- 2-5.3.1 General. Delete paragraph 3.
@ 1018103 Contract No. 30721 Page 43 of 71 Pages
2-5.3.3 Submittals. Delete paragraph 2 and add:
2-5.3.3.1 Erosion and Sedimentation Control Plan Contractor shall submit not
less than 30 days prior to anticipated start of clearing, grubbing or other work involving disturbance of ground surface cover and Erosion and Sediment Control Plan that includes:
a. Site plan identifying soils and vegetation, existing erosion problems,
and areas vulnerable to erosion due to topography, soils, vegetation,
or drainage.
b. Site plan showing limits of clearing & grubbing, new improvements,
traffic accesses, and other temporary construction; and proposed preventive measures. c. Schedule of temporary preventive measures, in relation to ground
disturbing activities.
d. Other information required by law. e. Format required by law is acceptable, provided any additional information specified is also included.
Obtain the approval of the Plan by authorities having jurisdiction. Obtain the approval of the Plan by the Agency.
2. 3.
2-5.3.3.2 Certificate Contractor shall obtain a Mill certificate for silt fence fabric attesting that fabric and factory seams comply with specified requirements, signed by legally authorized official of manufacturer; indicate actual minimum average roll
values; identify fabric by roll identification numbers.
2-5.3.3.3 Inspection Reports Contractor shall submit report of each inspection of
temporary preventive measures; identify each preventive measure, indicate condition, and specify maintenance or repair required and accomplished.
2-5.3.3.4 Maintenance Instructions Contractor shall provide instructions covering inspection and maintenance for temporary measures that must remain after Substantial Completion.
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 comer record(s) as required by $5
8772 and 8773, et seq. of the California Business and Professions Code.
When a change is made in the finished elevation of the pavement of any roadway in which a
permanent survey monument is located, the Contractor shall adjust the monument frame and cover
to the new grade 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 Survey Service, Delete third paragraph of section 2-9.2 and replace with the following: Unless otherwise specified, stakes will be set and stationed by the Engineer for limits of clearing and
grubbing and boundaries of sensitive environmental areas that encroach, adjacent or within 10 feet
1018103 Contract No. 30721 Page 44 of 71 Pages
of the limits of work area, including areas subject to equipment or vehicular traffic due to the
construction activities for this project. -.
2-10 AUTHORITY OF BOARD AND ENGINEER.
Add the following section:
2-1 0.1 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
records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data
relating to all matters covered by this Contract. However, any such activities shall be carried out in a
manner so as to not unreasonably interfere with Contractor's ongoing business operations.
Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations.
SECTION 3 -- CHANGES IN WORK
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 may, at the option of the Engineer, be paid pursuant to Section 3-3, Extra Work.
3-3 EXTRA WORK.
3-3.2.2 ( c ) Tool and Equipment Rental, 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.
second paragraph, modify as follows:
a"s 10/8/03 Contract No. 30721 Page 45 of 71 Pages
3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following:
(a) Work by Contractor. Contractor shall not request, or shall the Agency approve, any markup or
other costs or compensation for home office costs or overhead of any kind. The following
percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead
and profits: I) Labor .................................................................................. 10
2) Materials ........................................................................... .IO
3) Equipment Rental .................................................................. 10
4) All Other Items and Expenditures (including all field overhead). ....... 10
To the sum of the costs and markups provided for in this section, 1 percent shall be added as
compensation for bonding and insurance increases due to approval changes.
(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 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.
34 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.
The potential claim shall include the following certification relative to the California False Claims Act,
Government Code Sections 12650-1 2655.
,
1018/03 Contract No. 30721 Page 46 of 71 Pages
"The undersigned certifies that the above statements are made in full cognizance of the California
False Claims Act, Government Code sections 12650-1 2655. The undersigned further understands
and agrees that this potential claim, unless resolved, must be restated as a claim in response to the
City's proposed final estimate in order for it to be further considered."
-
By: Title:
Date:
Company Name:
The Contractor's estimate of costs may be updated when actual costs are known. The Contractor
shall submit substantiation of its actual costs to the Engineer within 20 working days after the
affected work is completed. Failure to do so shall be sufficient cause for denial of any claim
subsequently filed on the basis of said notice of potential claim.
It is the intention of this section that differences between the parties arising under and by virtue of the
contract be brought to the attention of the Engineer at the 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. City Engineer
3. City Manager or his authorized representative
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 20 working days of receipt of said claim or appeal of claim, review
the Contractor's report and respond with a position, request additional information or request that the
Contractor meet and present its report. When additional information or a meeting is requested the
City will provide its position within 20 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.
All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter I, Article 1.5 (commencing with Section 201 04) which is set forth below:
ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS
20104. (a)(l) This article applies to all public works claims of three hundred seventy-five thousand
@ 1018/03 Contract No. 30721 Page 47 of 71 Pages
dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(l) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except
that "public work" does not include any work or improvement contracted for by the state or the
Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of
money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract
for a public work and payment of which is not otherwise expressly provided for or the claimant is not
otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications
for any work which may give rise to a claim under this article.
(d) This article applies 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)(l) For claims of less than fifty4housand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to
defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to
the claimant within 15 days after receipt of the further documentation or within a period of time no
greater than that taken by the claimant in producing the additional information, whichever is greater.
(c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written
claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of
the claim, any additional documentation supporting the claim or relating to defenses to the claim the
local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to
the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15
days of receipt of the local agency's response or within 15 days of the local agency's failure to
respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a
meet and confer conference within 30 days for settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For
purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (9 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
@ 1018103 Contract No. 30721 Page 48 of 71 Pages
(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 nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to
select a mediator within the 15day period, any party may petition the court to appoint the mediator.
(b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure,
notwithstanding Section 1141 .I1 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing
with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any
proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141 .IO) Title 3 of Part 3 of the Code of Civil
Procedure, any patty who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter,
pay the attorney’s fees of the other party arising out of the trial de novo.
(c) The court may, upon request by any party, order any witnesses to participate in the mediation or
arbitration process.
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed
except as otherwise provided in the contract.
-
(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any
arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law.
SECTION 4 - CONTROL OF MATERIALS
4-1 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
of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial
Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and
such other safety regulations as may apply. Contractor shall furnish Engineer with such information
as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract.
4-1.4 Test of Materials, delete the phrase, “and a reasonable amount of retesting”, from the third sentence of the first paragraph. I
add the following: Except as specified in these Supplemental Provisions, the Agency will bear the
Contract No. 30721 Page 49 of 71 Pages
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 bome 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.
44.6 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.
Add the following section:
4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE.
The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the
quantity and quality received, prepare storage area@), 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.
a 1018103 Contract No. 30721 Page 50 of 71 Pages
5-6 COOPERATION. Add the following: San Diego Gas & Electric (SGD&E) requires access to
their facilities within the work area. Engineer will indicate on the plans the location of access points
and gates. The Contractor shall coordinate all work with the appropriate utility company and shall be
responsible for payment of all fees and costs associated with removal, relocation or replacement of
utility facilities to include the cost of related permits, submittals, and design elements required to complete the work indicated on the plans.
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 5 calendar days or the first Monday thereafter, whichever occurs first, after receipt
of the “Notice to Proceed.”
Add the following section:
6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will
set the time and location for the Preconstruction Meeting. Attendance of the Contractor’s
management personnel responsible for the management, administration, and execution of the
project is mandatory for the meeting to be convened. Failure of the Contractor to have the
Contractor’s responsible project personnel attend the Preconstruction Meeting will be grounds for
default by Contractor per Section 6-4. No separate payment will be made for the Contractor’s
attendance at the meeting. The notice to proceed will only be issued on or after the completion of
the preconstruction meeting.
Add the following section:
6-1 .I .2 Quality Assurance
Consultant shall retain a Consultant to provide CPM scheduling services, including planning,
evaluating, and reporting. The Consultant shall be a recognized specialist, acceptable to the Owner,
who is expert in the critical path methods (CPM) of scheduling and reporting.
1. In-House Options. The requirement to retain a Consultant may be waived if the Contractor can
demonstrate to the Owner’s satisfaction that it has the computer equipment required to produce
CPM network diagrams and it employs skilled personnel who are experienced in CPM scheduling
and reporting techniques.
2. The Consultant shall have computer facilities available that are capable of delivering detailed
network diagrams within 48 hours of request.
Contractor shall comply with procedures contained in “CPM in Construction - A Manual for General
contractors” published by The Associated General Contractors of America, Inc. Where procedures
listed in this section are more stringent, comply with those procedures.
Add the following section:
6-1 .I .3 Definitions
Proposed Contract Schedule. The computer generated schedule of the Contractor’s plan for
developing and constructing the Work in the format required by the Specifications, submitted for acceptance by the Owner’s Representative.
Preliminary Contract Schedule. The accepted version of the most recent update of the Proposed
Contract Schedule.
-
10/8/03 Contract No. 30721 Page 51 of 71 Pages
Preliminary Contract Schedule. The schedule to be submitted by the Contractor five (5) working
days after the Notice to Proceed. This schedule will be used to monitor progress for the first sixty
(60) days of the Contract.
Cost Breakdown. Itemized table of costs, based on the most recent updated contract schedule,
in the format required by the Owner, to be used as a basis for determining the cost of Work
performed for Contractor’s Application for Payment.
Days: Calendar days. Reference Section 6.7 herein, Page 59.
Rolling Schedule. Two (2) week window schedule project for Work to be performed during the
following weeks beyond the week it is presented at the Weekly Construction Meetings, based on
the Contract Schedule to provide additional detail to the Owner’s Representative.
The Preliminary Contract Schedule shall be a feasible, workable and reasonable schedule for the
Work, and will serve as the basis for development of the accepted Contract Schedule.
Add the following section:
6-1 .I .I 0 Monthly Updates and Progress Payments
Review the Contract Schedule with Owner’s Representative once a week to incorporate in the
Contract Schedule all changes in the progress, sequences, and Scope of Work activities.
Prepare and submit to Owner’s Representative an updated Contract Schedule once each month.
1.
2.
3.
4.
5.
6.
7.
8.
Contract‘s estimated percentage complete for each activity in progress.
Actual startlfinish dates for all activities shown on initial Contract Schedule with all subsequent approved additions.
List of materials and/or equipment delivered for which Contractor is requesting payment and
original invoice verifymg cost.
Identification of processing errors, if any, on the previous update reports.
Revisions, if any, to the assumed activity durations including revisions for weather impact for any
activities due to effect of previous update on the schedule.
Network window of all proposed change orders issued during the update period concerning float
time.
Resolution of conflict between actual work progress and schedule logic. When out of sequence
activities develop because of actual construction progress, Contractor shall submit revisions to
schedule logic to conform to current job status and directions, without changing original activity
identification.
A narrative report with the updated progress analysis, which shall include, but not be limited to, a
description of problem areas, current and anticipated delaying factors and their impact, and an explanation of all corrective action such as modifications to original durations, increased
remaining durations and logic changes. The Owner’s Representative will be using software (i.e.,
Claim Digger) to identify all corrective changes made to the schedule updates. A schedule
update may be rejected by the Owner if the narrative report fails to identify and explain all
corrective action.
@ 10/8/03 Contract No. 30721 Page 52 of 71 Pages
9. The updated contract schedule shall accurately represent the as-built condition of all completed
Work and percentage remaining of all in-progress Work activities as of the date of the updated
Contract Schedule.
10. The updated Contract Schedule shall incorporate all changes mutually agreed upon by
Contractor and Owner during preceding periodic reviews, all changes resulting from Change
Orders and Field Orders, and all remaining days of the inclement weather allowance.
11. Contractor shall perform the Work in accordance with updated Contract Schedule, Contractor
may change the Contract Schedule to modify the order or sequence of accomplishing the Work only with prior agreement by Owner.
12. Under no circumstances shall an Activity Identification be changed. The Activity Identification for
an activity established in the original Contract Schedule must remain unchanged.
Contractor shall submit the updated Contract Schedule, in the form acceptable to Owner’s
Representative, at least five (5) days prior to submitting the Application for Payment Form.
Owner’s Representative will determine acceptability of the updated Contract Schedule within seven
(7) days after its receipt.
No application for Payment will be processed nor shall any progress payments become due until
updated Contract .Schedules are accepted by Owner’s Representative.
The accepted, updated Contract Schedule shall be the Contract Schedule of record for the period it
is current and shall be the basis for payment during that period.
Progress payments shall be made based on the update of the Contract Schedule. Payment for amount of work completed in the current progress payment period shall be the sum of the activity
cost multiplied by the percentage of work completed for each activity in progress minus previous
payments, less retainage. Request for payment for accepted materials delivered shall be limited to
the invoice value of materials or equipment shown on the Contractor’s procurement log, less
retainage. Payment may be made for materials which the Contractor stores off-site when materials
are stored and insured in a manner acceptable to the Owner’s Representative.
No payment shall be made for materials or equipment which do not have accepted submittals. If
material or equipment is not identified with a cost in the procurement log, it is the responsibility of the
Contractor to submit necessary adjustments to the Contract Schedule. Incorporation of such
revisions to the computerized version of the Contract Schedule and payments on such requests are
at the discretion and acceptance of the Owner’s Representative.
Payments may be made on an activity progressing ahead of its logical sequence after such conflict
between logic and actual work progress is resolved by the Contractor.
Agreed upon update data shall be processed by Contractor within five (5) days. Two (2) copies of
computer-generated update reports will be furnished to the Owner’s Representative for processing
with application for payment.
Due to the fact that the Contract Schedule may be accepted by the time the first Application for
Payment is submitted, Contractor shall be responsible for providing cost information for activities for
which progress payment is requested. It is also the responsibility of the Contractor to reconcile such
@ 10/8/03 Contract No. 30721 Page 53 of 71 Pages
cost information and payments with the cost loaded Contract Schedule. However, no payment shall
be approved after forty-five (45) calendar days after official contract start date given in Notice to
Proceed, until the Contract Schedule has been accepted by the Owner’s Representative.
A computer diskette (3.5”) containing the complete “Suretrak“ data for the Contract Schedule update
and two (2) hard copies of computer-generated reports will be furnished to the Owner’s
Representative for processing with application for payment.
Add the following section:
6-1 .I .I1 Schedule Revisions
Within the first three (3) days of the following week, Contractor shall submit to Owner’s
Representative any proposed schedule revisions to the Contract.
1. Revision, if any, to the assumed activity durations including revisions for weather impact for any
activities due to effect of previous update on the Schedule.
2. Network window of all proposed Change Orders issued during the update period showing time
impact.
3. Resolution of conflict between actual work progress and schedule logic. When out of sequence
activities develop because of actual construction progress, Contractor shall submit revisions to
schedule logic to conform to current job status and directions, without changing original activity identification.
4. A narrative report with the updated progress analysis, which shall include, but not be limited to, a
description of problem areas. Current and anticipated delaying factors and their impact and
explanation of corrective action taken and any proposed revisions for a recovery plan.
Within seven (7) days after receipt of the Schedule of Revisions, the Owner’s Representative will
review the proposed Schedule revisions and provide comments, suggested changes, and revisions.
Schedule revisions submitted by Contractor, upon acceptance by the Owner’s Representative, shall
be incorporated into the Contract Schedule during the next update.
Add the following section:
6-1 .I .I2 Recovery Plan
If Contractor is behind schedule by more than ten (10) working days for any stage of Work, based on
the updated Contract Schedule after incorporating all approved time extensions, Contractor shall
submit to the Owner’s Representative within five (5) working days of notification of such delay, a
“recovery plan.” The recovery plan shall be based on proposed revisions to Contract Schedule for
the next thirty (30) working days period and shall show how Contractor intends to bring the work back
on schedule. Recovery plan shall also include a written description of how the measures that
Contractor intends to take without additional cost to the Owner to regain schedule compliance. The
recovery plan activities shall be identified according to their relationship to activities on the accepted schedule.
Should Contractor fail to submit and execute such recovery plan, the Owner shall have the option to
direct Contractor to employ any or all measures that the Owner may deem fit to regain schedule
compliance without additional cost to the Owner.
Recovery plan submitted by Contractor, upon acceptance by the Owner’s Representative, shall be
incorporated into the Contract Schedule during the next update.
Contract No. 30721 Page 54 of 71 Pages
Contractor will be required to submit a recovery plan for each update that indicated that the Work
progress is more than ten (IO) working days behind schedule.
Should Contractor dispute the determination of the Owner’s Representative regarding the status on
contract delay, such dispute shall not relieve himher of the responsibility to comply with the
requirements of this Section and other related Sections until the dispute is resolved per Contract
terms.
Add the following section:
6-1 .l .I3 Two-Week Detailed Schedules
Prepare detailed two-week schedule projections for work to be performed during the following weeks
beyond the week it is presented at the weekly construction meeting or at the request of the Owner’s
Representative during the construction period.
Two-week schedule projections shall cover a fourteen (1 4) calendar day period beginning with the
date the rolling schedule is submitted. The two-week schedule shall also include as as-built
schedule of activities performed during the prior week.
Use the Contract Schedule as the basis for generating the rolling schedule.
Submit six (6) copies of the schedule within two (2) days after the request is received.
Format shall be a time-scaled logic diagram with tabular information including: Activity Identification,
Description, Remaining Duration, Early Start and Finish, and Actual Start and Finish.
Provide information for each significant construction activity, with special care taken to describe
scheduling and coordination with other contracts and Work by the Owner.
Add the following section:
6-1 .I .I4 Adjustment of Times for Completion
In addition to the provisions of the General Conditions, the time for completion of the Work will be
adjusted in accordance with these procedures.
Any request for an adjustment of the Contract Time for completion submitted by Contractor for
changes or alleged delays shall be accompanied by a complete Time Impact Analysis, which shall be
submitted for review with the request by Contractor. Time extensions will not be granted unless substantiated by the Contract Schedule, and then not until the CPM Project float time becomes zero
for the impacted sequence of activities.
Each Time Impact Analysis shall provide information justifying the request and stating the extent of
the adjustment requested for each specific change or alleged delay. Each Time Impact Analysis
shall be, in form and content, acceptable to Owner’s Representative, and shall include, but not be
limited to, the following:
1.
2.
A fragmentary CPM type network (Fragnet) illustrating how Contractor proposes to incorporate
the change or alleged delay into the current updated Project Schedule.
Identification of activities in the current updated Project Schedule which are proposed to be
amended due to change or alleged delay, together with engineering estimates and other
appropriate data justifying the proposal.
The Time Impact Analysis shall be determined on the basis of the date(s) when the change(s) were
issued, or the date(s) when the alleged delay(s) began. The status of the construction project and
Time Impact Analysis shall include event time computations for all affected activities.
@ 10/8103 Contract No. 30721 Page 55 of 71 Pages
Owner’s Representative may require that Time Impact Analysis be provided in order to demonstrate
the time impact upon the overall Project and the time for completion, at no additional cost to the
Owner.
If Owner’s Representative finds after review of the lime Impact Analysis that Contractor is entitled to
any extension of time for completion, the time for completion will be adjusted accordingly by Owner’s
Representative, and Contractor shall then revise the Contract Schedule accordingly.
The Contract Schedule will be used in the calculation of liquidated damages or Compensable delay
for each day of delay after the contract completion date, as adjusted, until the Work is accepted.
When Contractor is behind schedule by more than ten (10) working days beyond adjusted contract
completion date(s) after incorporating all approved time extensions, requested schedule revisions
shall be limited to activities scheduled for the next sixty (60) calendar day period immediately
following the update that indicated the delay (refer to Recovery Plan).
When the Owner’s Representative initiates changes by proposed Change Order which have the potential to impact stipulated contract completion dates for each phase, a network window shall be
prepared by Contractor to reflect the impact of said changes. After network window has been
mutually agreed upon, and Contractor is authorized to proceed with proposed Change Order, it will
be incorporated into Contract Schedule. Time extensions for contracts will be considered only to the
extent that there is insufficient remaining float to absorb these changes.
Add the following section:
6-1 .I .I 5 Required Schedule Times
A. Schedule ten working days following accepted request for final inspection for the Owner’s
Representative to prepare the list of items to be corrected.
-
B. Submittals:
Schedule ten working days for review of submittals. Complex submittals (i.e. structural steel)
will be broken down into lots which will facilitate a timely review. Failure of the Contractor to
break down submittals will be cause for rejection.
The CPM must include activities for submitting, approving, and delivering all items for which a
submittal is required.
The Shop Drawings submission process shall be phased to ensure that shop drawings are
submitted in order of their criticality to the construction process. A phased system which
staggers the submittal (by “start no earlier than” dates) in a number of waves shall be
implemented.
Add the following section:
6-1 .I .I6 Inclement Weather
Inclement Weather Allowance. The Contract Schedule shall contain no allowance for inclement
weather, nor shall any time for impacts from inclement weather be allowed within the durations of any
activities.
Excusable (Non-Compensable) Delay. Delays in the construction due to inclement weather will be
construed as excusable delay only for the days in which the inclement weather substantially caused
delay in the overall progress of the Project by affecting Critical Work Activities.
Contractor shall submit a written claim for each delay due to inclement weather within five (5)
calendar days from the day of inclement weather. Contractor shall document the date and the nature
of the inclement weather, the specific trade(s) in which the inclement weather caused delay, and the
I
10/8/03 Contract No. 30721 Page 56 of 71 Pages
task or operation in each trade that was delayed.
The Owner’s Representative will review the claim and the written documentation submitted by the
Contractor and compare with the Contract Schedule. If the Owner’s Representative finds that the
inclement weather did substantially cause delay in the overall progress of the Project, the deal will be
deemed an Excusable Delay.
.-
If the Contractor fails to submit claim and documentation within the stipulated time, the inclement
weather shall be consinred to cause no delay in the construction.
Add the following section:
6-1 .I .I7 Float Time
Float time or slack time is defined as the amount of time between the earliest start date and the latest
start date or between the earliest finish date and the latest finish date of activities on Contract
Schedule and computerized version of Contract Schedule. Contractor acknowledges and agrees that actual delays affecting paths of activities containing float time will not have any effect upon
contract completion items providing that the actual delay does not exceed the float time, per the
latest updated version of Contract Schedule.
While the Contractor may schedule completion of the Project earlier than the date established by the
Contract Documents, no additional compensation shall become due to the Contractor for the use of
float time between the Contractor’s projected early completion date and the completion date
established by the Contract Documents.
Add the following section:
6-1 .I .I8 Default
Failure of Contractor to substantially comply with the requirements of this Section shall constitute reason that Contractor is failing to prosecute the Work with such diligence as will ensure its
completion within the Contract time and shall be considered defective work, and Owner reserves its
rights under the General Conditions to remedy the Work product.
Add the following section:
6-1 .I .I9 Final Schedule Update
The Contractor shall prepare and submit a final schedule update when one hundred percent of the
construction work is completed. The Contractor’s Final Schedule Update must accurately represent
the actual dates for all activities. Acceptance of the final schedule update is required for completion
of the Project and release of any and all funds retained.
Add the following section:
6-1 .I .20 Daily Reports
The Contractor shall provide, no less frequently than a weekly basis, Daily Reports which accurately
describe site activities in a detailed and legible fashion. A report should be prepared and submitted
for each day the Contractor, or any of its subcontractors is on site performing work. A Daily Report
shall also be prepared and submitted for each day that work could not be performed due to the
effects of inclement weather or for reasons other than a non-work period as described as in the
Contract Documents. The reports shall include at a minimum the following information.
I. Weather conditions.
2. Equipment. 3. MateriaWEquipment Deliveries. - 4. General Contractor:
a. Number of personnel.
@ 1018103 Contract No. 30721 Page 57 of 71 Pages
_-
b. By labor classification.
c. Hours worked if other than 8 hours.
5. Subcontractors:
a. Number of personnel.
b. By labor classification.
c. Hours worked if other than 8 hours.
6. Visitors: Owner, Owner Vendors, Consultants, etc.
7. Inspections: City and Special Inspections.
8. Provide a general description of the daily activities. Indicate location and areas where the Work
was performed. Include comments that will help to describe the day's events.
9. Contract Schedule Activities. List the Activity Description and Identification of activities performed
during the day.
10. Schedule Impacts. List all impacts causing a delay to activities that would otherwise be
scheduled to proceed. List the Activity Identification of the activities being impacted.
If the Contractor fails to submit the Daily Reports in the format and the time frame specified, the
Owner may withhold progress payments until such time the reports are made current and correct.
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 for Phase 1 - Clearing & Grubbing at the
Cat-sbad Municipal Golf Course. The work includes clearing and grubbing, temporary fencing,
access gates, temporary erosion and sedimentation control measures, and project signs.
Add the following section:
6-2.2.5 Weekend Work. Saturday work shall be allowed outside street right-of-way on Saturdays
when approved by the Engineer. No Sunday work shall be allowed. Hours of work shall be between
7:OO a.m. and 4:OO p.m.
Add the following section:
6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project
Meetings. Each Project Meeting shall be attended by the Contractor's Representative. The Project Representative shall be the individual determined under Section 7-6, "The Contractor's
Representative," SSPWC. No separate payment for attendance of the Contractor, the Contractor's
Representative or any other employee or subcontractor or subcontractor's employee at these
meetings will be made.
6-6 DELAYS AND EXTENSIONS OF TIME
6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written notice to
the Engineer within two hours of the beginning of any period that the Contractor has placed any
workers or equipment on standby for any reason that the Contractor has determined to be 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
@ 1018l03 Contract No. 30721 Page 58 of 71 Pages
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@) therefor. . .- 6-7 TIME OF COMPLETION
Add the following: The Contractor shall diligently prosecute the work to completion within
75 calendar days after the starting date specified in the Notice to Proceed.
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:OO a.m. and 4:OO 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. Night-time work will be required for any transportation of earthwork across College Boulevard between 8:OO p.m. and 4:OO a.m. upon Engineer's approval. Saturday work may be allowed outside the street right-of-way
upon Engineer's approval. The Engineer may approve work outside the hours and/or days stated
herein when, in hidher sole opinion, such work conducted by the Contractor is beneficial to the best
interests of the Agency. The Contractor shall pay the inspection and construction management
premium cost of such work. The premium cost for overtime work shall be back charged to the
Contractor at a rate of $200 per hour, with a four (4) hour minimum on Saturdays and holidays.
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
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 one thousand dollars ($1,000.00).
Execution of the Contract shall constitute agreement by the Agency and Contractor that One thousand dollars ($1,000.00) per calendar 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.
@ 10/8/03 Contract No. 30721 Page 59 of 71 Pages
6-1 I SITE OBSERVATION VISITS.
.-
Observations herein specified shall be made by the owner's representative and contractor. The contractor shall request site observations 48 hours minimum in advance of the time observation is required.
Site observations shall be required for, but not limited to, the following parts of the work (completed
portions of work shall be combined for single observation visit whenever possible):
1) For review of limits of clearing and grubbing areas and installation of temporary construction fencing and barriers.
2) For review and approval of erosion and pollution control measures and/or devices.
SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR
7-3 LIABILITY INSURANCE
Modify as follows: 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.
74 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.
7-8 PROJECT SITE MAINTENANCE
78.1 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 hidher 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 therefor.
78.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a construction meter for water used for the construction, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be considered incidental to the items of work that they are associated with and no
additional payment will be made therefor.
7-8.6 Water Pollution Control. Modify as follows: In addition to the temporary erosion and
sedimentation measures indicated on the plans and specifications the Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said
channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution.
a 10/8/03 Contract No. 30721 Page 60 of 71 Pages
I 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, Carisbad Municipal Code Chapter 8.48.
Add the following section:
7-8.9 Protection of Environmentally Sensitive Areas. The Contractor shall take all necessary precautions to prevent any damage to environmentally sensitive area, trees, foliage, plant material, and to the OWNERS property existing outside the area to be cleared. Construction shall not occur within 300 feet of the limits of environmentally sensitive areas from March 15 to September I of any given calendar year.
7-10 PUBLIC CONVENIENCE AND SAFETY
7-10.3 Street Closures, Detours, Barricades. Modify the second paragraph as follows: After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following:
1 ) The Engineer ....................................................................................... .(760) 602-2780
2) Carlsbad Fire Department Dispatch ........................................................... (760) 931-21 97 3) Carlsbad Police Department Dispatch ...................................................... ..(760) 931 -21 97 4) Carlsbad Traffic Signals Maintenance ...................................................... ..(760) 434-2980 5) Carlsbad Traffic Signals Operations ................................................................... (760) 434-2980
6) North County Transit District .................................................................... (760) 743-9346 7) Coast Waste Management ....................................................................... (760) 753-9412
The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer‘s
written approval prior to deviating from the requirements of 2) through, and including, 7) above. The
Contractor shall obtain the written approval no less than five working days prior to placing any traffic
control that affects bus stops. Contractor shall execute the approval traffic control plans for nighttime
crossings of College Boulevard. The Contractor shall prepare traffic control plans and receive written approvals prior to executing traffic control for all other activity as required by the City.
-
Add the following section:
7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons
on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect
and 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.
7-12 ADVERTISING
Add the following section: The Contractor shall provide two (2) large wooden signs as follows:
6” x 6” wood posts 12’ in length with 4’ of embedment with concrete. Sign material shall be 1” thick pressure treated, clear grade plywood, 5’ by 8’ with white painted background. Signs shall be erected along Palomar Airport Road about 25’ east of Hidden Valley Road and the other at 25’ east of College Boulevard about 5’ behind the temporary construction fence. Final location may vary. Contractor shall coordinate with the Engineer final location prior to installation.
10/8/03 Contract No. 30721 Page 61 of 71 Pages
The Contractor shall affix City seal to the sign in a centered location. The City seal will be supplied by
the Agency.
8" letters in forest green color to read:
FUTURE SITE OF THE
CARLSBAD CITY GOLF COURSE
6,850 YARD, 18-HOLE PUBLIC GOLF COURSE WITH
CLUBHOUSE AND LIGHTED DRIVING RANGE
FOR ADDITIONAL INFORMATION CONTACT THE
CITY OF CARLSBAD RECREATION DEPARTMENT,
AT 760-434-2826
7-13 LAWS TO BE OBSERVED
Add the following:
Collection and Disposal of Waste: Contractor shall collect waste from Construction areas and
elsewhere daily. Comply with requirements of NFPA 240 for removal of combustible waste material
and debris. Enforce requirements strictly. Do not hold materials more than seven (7) days during normal weather or three (3) days when the temperature is expected to rise above 80 degrees F (27 degrees C). Handle hazardous, dangerous, or unsanitary waste materials separately from other waste
by containerizing properly. Dispose of material in a lawful manner.
SECTION 9 -- MEASUREMENT and PAYMENT
9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK
9-1.4 Units of Measurement, modify as follows:
the U.S. Standard Measures. The system of measure for this contract shall be
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"
9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following: Each
month, the Engineer will make an approximate measurement of the work performed to the closure
date as basis for making monthly progress payments. The estimated value will be based on
contract unit prices, completed change order work and as provided for in Section 9-2 of the
Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30)
calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the
10/8/03 Contract No. 30721 Page 62 of 71 Pages
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 infomation 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 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
I018103 Contract No. 30721 Page 63 of 71 Pages
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: 93.3.1 Delivered Materials. into the Work will not be included in the progress estimate.
The cost of materials and equipment delivered but not incorporated
Add the following section:
93.4.1 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 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 incuhed 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.
a 10/8/03 Contract No. 30721 Page 64 of 71 Pages
SUPPLEMENTAL PROVISIONS
TO
“GREENBOOK”
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 2, CONSTRUCTION MATERIALS
SECTION 213 - ENGINEERING FABRICS
Add the following section:
213-3 TEMPORARY EROSION AND SEDIMENTATION CONTROL.
213-3.1 Silt Fence Fabric. Polypropylene geotextile resistant to common soil chemicals, mildew,
and insects; non-biodegradable; in longest lengths possible; fabric including seams with the following
minimum average roll lengths:
1. Average Opening Size: 30 U.S. Std. Sieve, maximum, when tested in accordance with
ASTM D 4751.
2. Permittivity: 0.05 see-I, minimum, when tested in accordance with ASTM D 4491
3. Ultraviolet Resistance: Retaining at least 70 percent of tensile strength, when tested in
accordance with ASTM D 4355 after 500 hours exposure.
4. Tensile Strength: 100 Ib-f, minimum, in cross-machine direction; 124 Ib-f, minimum, in
machine direction; when tested in accordance with ASTM D 4632.
5. Elongation: 15 to 30 percent, when tested in accordance with ASTM D 4632.
6. Tear Strength: 55 Ib-f, minimum, when tested in accordance with ASTM D 4533.
7. Color: Manufacturer‘s standard, with embedment and fastener lines preprinted.
213-3.2 Orange Construction Fence Fabric Polyethylene, non-toxic, non-conductive, capable of
withstanding temperatures from 58F degrees to 194F degrees. Orange color shall be non-fading.
Add the following section:
SECTION 215 -TEMPORARY FENCING
215-1 TEMPORARY CHAIN LINK FENCING.
1. Unless otherwise indicated, type of temporary chain link fencing shall be Contractor‘s
option. The following types are acceptable, however, Engineer shall approve all
materials prior to installation by Contractor.
a. New materials or previously used salvaged chain link fencing in good condition.
b. Posts: Galvanized steel pipe of diameter to provide rigidity. Post shall be suitable
for setting in concrete footings, driving into ground, anchoring with base plates, or
1018103 Contract No. 30721 Page 65 of 71 Pages
inserting in precast concrete blocks. Posts shall not be bent or warped in any way.
Posts shall contain no visible rust.
c. Fabric: Woven galvanized steel wire mesh. Provide in continuous lengths to be ' wire tied to fence posts or prefabricated into modular pipe-framed fence panels.
Fabric shall be in good condition with no visible rust.
2. Gates: Provide personnel and vehicle gates of the quantity and size indicated on the
Drawings or required for functional access to site.
a. Fabricate of same material as used for fencing.
b. Vehicle gates:
I.
2.
Minimum width: 20 feet to allow access for emergency and maintenance
vehicles.
Capable of manual operation by one person.
215-2 TEMPORARY SILT FENCE POSTS.
215-2.1 Silt Fence Posts.
Install the following, minimum 5 feet long:
1. Steel U- or T-section, with minimum mass of 1.33 Ib per linear foot.
215-3 TEMPORARY ORANGE CONSTRUCTION FENCE POSTS.
21 5-3.1 Orange Construction Fence Posts.
Install the following, minimum 5 feet long: - 1. Steel U- or T-section, with minimum mass of 1.33 Ib per linear foot.
%? 1OJ8K33 Contract No. 30721 Page 66 of 71 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. Substitute the following: Contractor shall clear the site areas designated to be
improved on the plans of all grass, weed growth, rubbish, debris, trash of any kind to the level of the
existing soil surface or as near surface as possible. All areas cleared of any vegetative growth shall
not be root-raked. The intent is to not disturb the soil surface which might, in the opinion of the
ENGINEER, cause erosion or settling and drainage pockets.
Depth of cutting shall be maintained on top of the surface of the earth without extracting the vegetation from the soil. The cut / mowed vegetation shall be cut at or as near the surface as
possible so that a mulch product remains on the surface. If the Contractor 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: All foreign and non-native
materials within the limits of the work shall be disposed of off the site by the Contractor, who shall
make all necessary arrangements and pay all related costs. On site burning of materials is not
permitted. All rubbish, debris, or trash of any kind within the boundaries of the entire site as
designated by the area of the chain link fence installation shown on the Drawings shall also be
removed and disposed of off site.
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 no other payments will
be made.
a 1018/03 Contract No. 30721 Page 67 of 71 Pages
.-
Add the following section:
SECTION 312 -TEMPORARY FENCING
312-1 TEMPORARY CHAIN LINK AND ORANGE CONSTRUCTION FENCING
312-1 .I General. The Contractor shall enclose construction area with a six foot (6’) minimum height
chain link fence that is adjacent to public right-of-way and as indicated on the Drawings. The
Contractor shall also install orange construction fencing to mark the easement limits (limits of
disturbance on the site) and as indicated on the Drawings. The Engineer must approve any type
fence location prior to any construction. All fences shall be maintained true, stretched and complete
throughout the duration of the project. Gates shall be locked with a chain and multiple lock system.
312-1.2 Installation
312-1.2.1 Chain Link Posts. Space at 10 foot maximum. Drive posts, set in holes and backfill, or
anchor in precast concrete blocks. For soft and unstable ground conditions, cast concrete plug
around post. For posts over pavement, use steel post plates or precast concrete blocks.
312-1.2.2 Gate Posts. Use bracing or concrete footings to provide rigidity for accommodating size
of gate.
312-1.2.3 Fabric. Securely attach to posts.
312-1.2.4 Gates. Install with required hardware.
31 2-1.2.5 Orange Construction Posts. Space support posts no more than 1 0’-0 apart to ensure
plastic mesh remains vertical and at proper height. Securely tie mesh to posts. Buried portion, if any,
shall be no less than 2-6” deep. Concrete footings for metal posts may be required depending upon
ground conditions; Contractor shall coordinate with the Engineer prior to installation.
312-1.3 Maintenance and Removal. Maintain fencing in good condition. If damaged, immediately repair. Remove temporary fencing upon completion of Work or when no longer required for security or control. Backfill holes and compact. Holes in pavement shall be surfaced to match existing paving. Repair damage caused by installation of temporary fencing.
312-1.4 Payment. Full compensation for performing temporary orange and chain link construction
fencing, shall be considered as included in the contract price bid for temporary orange and chain link
construction fencing, and no additional compensation will be allowed therefore.
@ 10/8/03 Contract No. 30721 Page 68 of 71 Pages
Add the following section:
SECTION 313 - TEMPORARY EROSION AND SEDIMENTATION CONTROL
MEASURES
313-1 TEMPORARY EROSION AND SEDIMENTATION CONTROL MEASURES
31 3-1 .I General. The Contractor shall provide erosion control and sediment control
conforming to the requirements shown on the plans, as specified herein, and as elsewhere required
by the Contract Documents. Erosion control and sediment 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. Placement of temporary sandbags may be used by Contractor, where needed, to
develop temporary sediment basin(s) which shall be maintained by Contractor.
313-1 .I .I Erosion On Site. Minimize wind, water, and vehicular erosion of soil on project site due to construction activities for this project.
I.
2. 3.
Control movement of sediment and soil from temporary stockpiles of soil. Prevent development of ruts due to equipment and vehicular traffic. If erosion occurs due to non-compliance with these requirements,
restore eroded areas at no cost to the Agency.
x 313-1.1.2 Erosion Off Site. Prevent erosion of soil and deposition of sediment on other
properties caused by water leaving the project site due to construction activities for this project.
1. 2. 3.
4.
Prevent windblown soil from leaving’the project site. Prevent tracking of mud onto public roads outside site. Prevent mud and sediment from flowing onto sidewalks and pavements.
If erosion occurs due to non-compliance with these requirements, restore eroded areas at no cost to the Agency.
31 3-1.2 Scope of Preventive Measures
31 3-1.2.1 General. In all cases, if permanent erosion resistant measures have been installed temporary preventive measures are not required.
31 3-1.2.2 Construction Entrances.
Traffic-bearing aggregate surface:
a. Width: As required; 20 feet, minimum. b. Length: 50 feet, minimum. c. Provide at each construction entrance from public right-of-way. d. Where necessary to prevent tracking of mud onto right-of-way, provide wheel washing
area out of direct traffic lane, with drain into sediment trap or basin.
31 3-1.2.3 Linear Sediment Barrier: Made of silt fences.
A. Provide linear sediment barriers:
1.
2.
Along downhill perimeter edge of disturbed areas, including soil or loose
material stockpiles. Along the top of the slope or top bank of drainage channels and swales that
@ 10/8/03 Contract No. 30721. Page 69 of 71 Pages
c
traverse disturbed areas. Along the toe of cut slopes and fill slopes. Perpendicular to flow across the bottom of existing and new drainage
channels and swales that traverse disturbed areas or carry runoff from disturbed areas; space at maximum of 200 feet apart. Across the entrances to culverts that receive runoff from disturbed areas.
3. 4.
5.
B. Space sediment barriers with the following maximum slope length upslope from barrier: 1. Slope of Less Than 2 Percent: 100 feet.
2. Slope Between 2 and 5 Percent: 75 feet. 3. Slope Between 5 and 10 Percent: 50 feet. 4. Slope Between 10 and 20 Percent: 25 feet. 5. Slope Over 20 Percent: 15 feet.
313-1.3 Installation.
31 3-1.3.1 Traffic-Bearing Aggregate Surface.
1. Excavate minimum of 6 inches. 2. Place geotextile fabric full width and length, with minimum 12 inch overlap at
3. Place and compact at least 6 inches of 1.5 to 3.5 inch diameter stone. joints.
313-1.3.2 Silt Fences.
1. 2.
3.
4.
5.
6.
7.
8.
9.
Store and handle fabric in accordance with ASTM D 4873.
Where slope gradient is less than 3:l or barriers will be in place less than 6 months, use nominal 16 inch high barriers with minimum 36 inch long posts spaced at 6 feet maximum, with fabric embedded at least 4 inches in ground. Where slope gradient is steeper than 3:l or barriers will be in place over 6 months, use nominal 28 inch high barriers, minimum 48 inch long posts spaced at 6 feet maximum, with fabric embedded at least 6 inches in ground. Where slope gradient is steeper than 3:l and vertical height of slope between barriers is more than 20 feet, use nominal 32 inch high barriers with woven wire reinforcement and steel posts spaced at 4 feet maximum, with fabric embedded at least 6 inches in ground. Install with top of fabric at nominal height and embedment indicated on drawings. Do not splice fabric width; minimize splices in fabric length; splice at post only,
overlapping at least 18 inches, with extra post.
Fasten fabric to wood posts using one of the following:
a. Four % inch diameter, 1 inch long, 14 gage nails.
b. Five 17-gage staples with % inch wide crown and % inch legs. Fasten fabric to steel posts using wire, nylon cord, or integral pockets. Wherever runoff will flow around end of barrier or over the top, provide temporary splash pad or other outlet protection; at such outlets in the run of the barrier, make barrier not more than 12 inches high with post spacing not more than 4 feet.
31 3-1.4 Maintenance. Contractor shall inspect preventive measures weekly, within 24 hours after
the end of any storm that produces 0.5 inches or more rainfall at the project site, and daily during
prolonged rainfall. Deficiencies should be repaired immediately. Clean out temporary sediment
control structures weekly and relocate soil on site. Place sediment in appropriate locations on site; do
not remove from site.
@ 10/8/03 Contract No. 30721 Page 70 of 71 Pages
31 3-1.4.1 Silt Fences. Contractor shall promptly replace fabric that deteriorates unless
need for fence has passed. Remove all silt deposits that exceed one-third of the height of the
fence. Repair fences that are undercut by runoff or otherwise damaged, whether by runoff or
other causes.
313-1.5 Cleanup. Contractor shall remove temporary measures after permanent measures have been installed, unless permitted or so directed by the Engineer. Clean out temporary sediment control structures that are to remain as permanent measures. Where removal of temporary measures would leave exposed soil, shape surface to an acceptable grade and finish to match adjacent ground surfaces.
313-1.6 Payment. Full compensation for performing temporary erosion and sedimentation control
measures, conforming to the operational requirements herein, of the BMPs 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 temporary erosion and sedimentation control, and
no additional compensation will be allowed therefore.
Contract No. 30721 Page 71 of 71 Pages
.-
COPIES OF PERMITS AND APPROVALS
FOR PHASE I OF CARLSBAD CITY
GOLF COURSE PROJECT
The following documents are included for information and
notice to all Contractors:
I. 1601 Agreement with California Department of Fish
and Game.
2. 404 Permit from US Army Corps of Engineers.
3. NO1 from California Coastal Commission.
4. SDRWQCB 401 Action from Regional Water Quality
Control Board.
CALIFORNIA DEPARTMENT OF FISH AND GAME
I 4949 Viewridge Avenue San Diego, California 92123
Notification No.5-I 22-00
AGREEMENT REGARDING PROPOSED STREAM OR LAKE ALTERATION
THIS AGREEMENT, entered into betwen the State of California, Department of Fish and Game, hereinafter called the Department, and John Cahill. remesentina the Citvof Carlsbad. State of California , hereinafter called the Operator, is as 6llows:
WHEREAS, pursuant to Section 1601 of California Fish and Game Code, the Operator, on the natural flow of, or change the bed, channel, or bank of or use material from the streambed(s) of, the following waterts): Unnamed drainaae. tributarvto the Aaua Hedionda Laaoon, San Diego County, California, Section - Township 12s Range 4W .
WHEREAS, the Department (represented byTamara Spear) has determined that such operations may substantially adversely affect those existing fish and wildlife resources within the streambed of an unnamed tributary to the San Luis Rey River, specifically identified as follows: California anatcatcher. least Bell's vireo. oranaethroat hiptail burrowina owl. white-tailed kite. CooDer's ha*, Southwestern willow flvcatcher. Calkrnia horned lark, loaaerhead shrike. wllow warbler. wllow-breasted chat. Southern Calibrnia rufous-crowned soarrow. great blue heron, San Dieao black-tailed rackrabbit. Northvestem San Dieao Docket mouse. San Dieao desert uoodrat. Yuma mvotis bats. Northern harrier, mule deer, Calibrnia Adobhia. Del Mar mnzanita. Lewis' evenina Drimrose. Prostrate spineflower. Western dichondra. Decuhent aoldenbush, Southwstern sDinv rush Nuttall's scrub oak and AshvsDikemoss. These Dlants and uildlife are associated hth Dieaan Coastal Saae Scrub. Southern Maritirre Chaoarral. Native and non-native arasslands, Southern Willow/Mulefat Scrub, Southern Coastal Freshwter Marsh. RiDarian herb, Eucalv~tus woodland and disturbed lands.
resources during the Operator's work. The Operator herebyagrees to accept the Mowing measureskonditions as part ofthe proposed work.
this Agreement is no longer valid and a newnotification 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 limted to Fish and Game Code Sections 5650, 5652, 5937, and 5948, my result in prosecution.
day of Mav, 2000, notified the Department that they intend to divert or obstruct the
p- B
THEREFORE, the Departmnt hereby proposes measures to protect Ash and wildlife
If the Operator's wrk changes from that stated in the notification specified above,
Nothing in this Agreement authorizs the Operator to trespass on anyland or property, nor does it relieve the Operator ofresponsibility for compliance with applicable federal, state, or local laws or ordinances. A consumnated Agreement does not constitute Department of Fish and Game endorsement of the proposed operation, or assure the Department's concurrence with permits required from other agencies.
This Aareement becomes effective the date of DeDartment's sianature and terninates December 31, 2008 br oroiect construction only This Aareement shall remain in effect for that time necessary to satisfv the terms/conditions of this Aareement. c
Page 1 of 5
STREAMBED ALTERATION AGREEMENT #5-12240
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 et seq.
Project Location and Description:
2. The Operator proposes to alter the streambed of an unnamed tributary to Agua Hedionda Lagoon to accommodate the construction of a Municipal Golf Course which will include an 1 8-hole championship golf course, clubhouse, maintenance facility, driving range, conference center, and pads for industriaVgolf related uses. The project is located approximately one mile to the east of Interstate 5. Palomar Airport Road forms the southern boundary, Hidden Valley Road forms the western boundary, and the southern edge of grading for the future extension of Faraday Avenue forms the northern boundary. The 396-acres project site is located in the northwestern quadrant of the City of Carlsbad, San Diego County, impacting 0.91 acres of streambed.
3. The agreed work includes activities associated with No. 2 above. The project area is located in an unnamed ephemeral drainage, tributary to Agua Hedionda Lagoon, San Diego County. Specific work areas and mitigation measures are described on/in the plans and documents submitted by the Operator, including an Environmental ImDact ReDort, and shall be implemented as proposed unless directed differently by this agreement.
4. The Operator shall not impact more than 0.91 acres of streambed comprised of 0.46 acres mule fat scrub, and 0.45 acres of unvegetated channel. Impacts are considered permanent and will be mitigated at a 3:l ratio for mule fat scrub and 1:l ratio for unvegetated channel, for a mitigation acreage requirement of 1.83 acres. '%:
Mitiaation:
5. As mitigation for the project, the Operator shall restore through creation and enhancement, 1.83 acres of comparable wetland habitat on-site. The Operator shall submit a final Mitigation and Monitoring Plan within 60 days of signing this Streambed Alteration Agreement. Department approval of that plan is required prior to project initiatiodimpacts.
All revegetation shall be installed no later than March 31, 2009.
6. The Operator shall mitigate at a minimum 5:l ratio for impacts beyond those authorized in this Agreement. In the event that additional mitigation is required, the type of mitigation shall be determined by the Department and may include creation, restoration, enhancement and/or preservation.
Veae tat ion. Reveae ta tion and Res torat ion:
7. All mitigation planting shall have a minimum 100% survival the first year and 80% , survival thereafter and/or shall attain 75 % cover of native wetland species after 3 years and 90% cover of native wetland species after 5 years. 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 after planting. At the completion of the monitoring period, the mitigation site shall have received NO supplemental irrigation for a period of two consecutive years, nonnative plants shall not make up more than 5% of the
Page 2 of 5
STREAMBED ALTERATION AGREEMENT #5-122-00
entire cover of the site, no more than 5% of the site shall consist of bare ground and site shall be free of invasive exotic plants species.
8. All planting should be done between October I and April 30 to take advantage of the
winter rainy season.
, \ 1
9. An annual report shall be submitted to the Department by January 1 of each year for 5 years afer the on-site restoration/planting. This report shall include the survival and percent cover. The number by species of plants replaced, an overview of the revegetation effort, and the method used to assess these parameters shall also be included along with photos from designated photo stations.
Work Period and Time Limits:
IO. The Operator shall not remove vegetation within the stream from February 15 to September 1 to avoid impacts to nesting birds.
Habitat Protection:
11. The Operator shall have a qualified biologist onsite daily during any impacts to vegetation for the purpose of monitoring and enforcing conditions of this agreement.
12. 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.
13. The perimeter of the work site shall be adequately flagged to prevent damage to adjacent riparian habitat.
.
Structures:
14. This Agreement does not authorize the construction of any temporary or permanent dam, structure, flow restriction or fill except as described in the Operator's notification.
Eauioment and Access:
15. No equipment shall be operated in ponded or flowing areas.
16. Stagingktorage areas for equipment and materials shall be located outside of the stream.
17. Access to the work site shall be via existing roads and access ramps.
18. Any equipment or vehicles driven and/or operated within or adjacent to the stream shall be checked and maintained daily, to prevent leaks of materials that if introduced to water could be deleterious to aquatic life.
19. The clean-up of all spills shall begin immediately. The Department shall be notified immediately by the Operator of any spills and shall be consulted regarding clean-up procedures. c TurbiditvlSiltation:
Page 3 of 5
STREAMBED ALTERATION AGREEMENT #5-12240
r-
20. 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.
Pollution, Litter and CleanuD:
21. 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.
22. Spoil sites shall not be located within a stream, where spoil could be washed back into a stream, or where it could cover aquatic or riparian vegetation.
23. Raw cementlconcrete 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 streamllake, 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 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
f ,P 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.
Other:
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 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 into 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
Page 4 of 5
STREAM BED ALTERATION AGREEMENT #5-122-00
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. "1
30. The Operator may request one extension of this agreement, subject to Department approval, prior to its termination. 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.
31. The Department resetves 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 NotificatiodAgreement 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.
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CONCURRENCE
City of Carlsbad California Dept. of Fish and Game
(signature) (date)
Page 5 of 5
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LOS ANGELES DZSTHCT
US. ARMY CORPS OF ENGNEERS
DEPARTMENTOFTHEARMYP-
i
Permittee: Ciiy of Carlsbad
PdtNumber: 972020600-MAT
Issuing Office: Los hgeles Distiict
Note: The term "you" and its derivatives, as used in this permit, means the permittee or any
fufwe transferee. The term "this office" xefers to the appropriate district or division office of the
Corps of Engineers having jurisdiction over the permitted activity or the appropriate official acting under the authority of the commanding officer.
You are authorized to perform work kt accordance with the terms and conditions specified below.
Project Description: To construct the Carlsbad Municipal Golf Course project m the City of
Carlsbad, San Diego County/ California, as shown on the attached drawings.
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Project Location: In unnamed txibutaries to Agua Hedionda Creek and Encinas Creekin the City
of Carlsbad, San Diego County, California. "he 418-acre site is located in the northwestern
quadrant of the City of Carlsbad. Palo& Airport Road forms the southern boundary of the
site, Hidden Valley Road fonns the &tern boundary, and the southen\ edge of grading for the future extension of Faraday Avenue forms the northern boundary. The northern portion of the
site is in the Agua Hedionda watershed and drains into Agua Hedionda Lagoon The remainder of the site is in the Encinas Creek watershed, which drains through Encinns Canyon
(located on the south side of Palomar Road) to'the Pacific Ocean.
Permit Conditions:
1 Your use of the permitted activity must not mterkre with the public's right to free navigation
on all navigable waters of the United States.
2 You must have a copy of this permit available on the vessel used fur the authorized
lransportation and disposal ofdredged.matexiaL
3 You must advise this office in writing, at least two weeks before you start maintenance
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W' ' dredging activities under the authority of this permit.
4 You must install and maintainl at your expense, any safety lights and signals prescrii by the
UNted States Coast Guard (USCG), ,fhrOugh regulations or otherwise, on your authorized facilities. The USCG may be reached at the following address and telephone number:
I
5 The condition below will be used when a Corps permit authorizes an artificial reef! an aerial trammission line, a subm~@ cable or pipeline, or a structure on the outer continental shelf.
National Ocean Service (NOS) has been notified of this authoriZatiolr YOU must notify NOS and this office in writing, at least two weeks before youbegin work and upon completion of
the activity authoriked by this permit. Your notification of completion must include a drawing which certifies the location and configuration of the completed activity (a ce-ed permit
drawing may be used). Notifications to NOS will be sent to the following address: The Dinxtox,
National Ocean service (N/CG 222), Rqckdle, Maryland 20852.
6 The following condition should be used for every permit where legal recordation of the pennit
would be reasonably practicable and recordation could put a subsequent purchaser or owner of
property on notice of pennit conditiozIs.
You must take the actions required to record this permit with the Registrar of Deeds or
other appropriate official charged with the responsibility for maintaining records of title to or
-=, hterestinredlproperty.
General Conditions:
1. The time limit for completing the authorized activity ends on August 2,2005. If you find that
you need more time to complete the authorized activity, submit your request for a time extension
to this office for consideration at least one month before the above dab is reached.
2. You must maintain the activity authorized by this permit m good ccmditim and in
conformance with the tern and conditiw of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer
60 a third party in compliiurce with General Condition 4 Wow. Should you wish to cease to
maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification from this pedt from this office, which may require rpstoration of
the area.
3. If you discover any previously unknown historic or archeological remains while accomplishmg
the activity authorized by this permit, you must immediately notify this office of what you have
found. We will initiate the Federal and state coordination repired to determine if the remains
warrant a recovery effort or if the site is eligible for listing in the National Register of Historic
Places. u.
4. If you sell the property associafed with this permit, you must obtain the signature of the new
owner m the space provided and forward a copy if the permit to this office to validate the
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RCOE REGUTORY Fax : 8586745388 Apr 20 2004 16:44 P. 04
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A > transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply
with the condititxs specified m the certification as special conditions to this permit. For your convenience, a copy of the certification attached if it contains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished with the terms and
conditions ofyourpermit.
special conditions:
1. The permittee shall obtain “take” authorization under the Endangered Species Act for
any and all impacts to threatqed or endangered species prior to initiating
waters/wedan& impacts aukaid by this P. The pexmith shall submit verification of compliance with this permit condition prior to initiating waters/wetlands impads
authorized by this lop. This authorization may be obtained by the following means: a)
Adoption and approval of the City‘s Habitat Management Plan by the USFWS and CDFG. (the City would then bue their own take authorization)), orb) Individual Section 10 pennit issued by the USFWS.
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2. The pennittee shall impact no more than 2.95 acres of waters of the United States (including wetlands and non-wetland waters). The permittee shall fence (with silt
barriers) the limits of the cqtruction corridor to pvent additional waters/wetlands
impacts and the spread of silt from the const~~cticm zone into adjacent
waters/wetlands. If waters/wetlands impacts occur outside these limits, all work
shall cease, and the Corps shall be notified immediately. Any waters/wetlands
impacts that occur outside the fenced and marked limits shall be mitigated at a
minimum 5:l ratio, and shall be subject to the requirements of all the special.
conditions listed below.
3. The permittee shall mitigate impacts to 2.95 acres of waters of the United States (including wetlands and non-wetland waters) by a) creating 45 acres of riparian
habitat m-site adjacent to the Cannon road riparian site and existing Mdo Creek riparian conidor; and b) ~~toring/enhncing 40 acres of wetland habitat offsite at the
Carltas site. Mitigation grading, planting, and irrigation shall begin prior to and/or concurrent with the planned date of hitiathg watem/wetlands impacts aufhorized by
- this IP.
4. A final conceptual wetland mitigation plan based on the Carlsbad Golf Course Composife Wetlands Mitigalion Phn (P&D Environmental Services, May 2000) shall be
watedwetland impacts (cc: USPWS and EPA). These final conceptual plans shall
be prepared in strict accordance with the Corps’ Habitat Mifigation nnd Monitming
Proposal Guidelines (June 1,1993). In addition to the information presented in P&D’s draft May 2000 mitigation plan, it is the COT’S undentandmg that the
Carlsbad Golf cm-site mitigation will conform, to the extent practicable, to the
specifications outlined in theOnncm Road Mitigation Plan (specifically the “Addendum to the Conceptual Mitigatim Planfir Cannon Road Extension Project Reaches 1
3
subx~&@d~@ the Corps for review and approval 30 days prior to initiating . r--w
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and 2" dated February 20,1998). The final conceptual mitigation plan shall include
and incorporate all sections of the Canon Road mitigation plans that pertain to the
Carlsbad Golf project. In addition, all addendums submitted to the Corps shall be
included in the fkzal conceptual plan The final conceptual plan shall include details
of the offsite restoration/enhmcement including location, methods of removal, replanting strategies and techniques, success criteria (prformance standards),
monitoxing/maintenance methods and schedules. Additional content and
requirements for the final conceptual plan are listed below in special condition
number five. 'Ihe final conceptual plan shall be submitted as one complete and
comprehensive document for Corps review 30 days prior to the planned date of
initiating waters/wetlands iqpacts authMzed by this IP. No impacts to
waters/wetlands shall occur until after the Corps approves the conceptual plan.
5. Final wetland construction plans, spedfications and drawings based on the Corps-
approved final conceptual wetland mitigation plan shall be submitted to the Corps for
review and approval 10 days prior to initiating wetland impacts. The final phns and specifications shall also include:
a) All final specifications and topography-based layout grading, planting, and
b) A provision that all wetland creation areas shall be graded to the same
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higation.
elevation as the adjacent existing wetlands and/or within one foot of the groundwater table, and shall be left in a rough grade state with topographic
relief (including channels) that mimics natural wetland topography.
c) Planting pallets (plant species, size, and number per acre) and seed mix (plant
species and pounds per acre). All planting shall be installed in a manner that
mimics natural plant dishiution (e.g., randm and/or aggregate distributions
rather than uniform rows). Plantings shall generally be placed within the
mitigation areas along hydrologic gradients that make ecological sense m
relation to each plant's facultative category (eg. obligate, facultative, etc.).
d) A provision that on the fitst anniversary of the initial planting, all dead pIants
shall be replaced unless their function has been replaced by natural
recruitment as verified by the Corps.
e) A 6nal implementation schedule that indicates when all wetland/waters
impacts, as well as mitigation site grading, planting, and imgation will begin
and end.
f) Five years of explicit and measurable success criteria for wetland creation,
restoration, and enhmcement areas. The permitee shall conduct a minimum of
five years of maintenance and monitoring of wetland mitigation areas. If success
criteria are met earlier and all artificial water supply to the site has ceased for a
minimum of two years, the site may be considered, at the Corps discretion, for
carly approval, In addition to the success criteria outlined in the final mitigation
-+ mhbniwring plan, eideirce-af wetland hydrology and natural recruitment of
native wetland vegdon must be present on-site in order to obtain find COT
approval of the mitigation areas. Annual mitigation maintenance and monitoring
rcports shall be submitted to the Corps (cc: USFWS and EPA).
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6. planting and irrigation shallhot be installed until the Corps has approved the
xnitipGon site gradiw- Tkc'p~rt~iitt- shall contact &e Corps for verificdion o€
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REGULQTORY Fax : 8586745388 Apt- 20 2004 16:45 P. 06
proper grading of the mitigation site a minimum of 15 days prioT to the planned date
of initiating planting.
7. If changes are made to the dtigation design during its implementation, the permittee
shall immediately notify the Corps. If changes are determined to be greater than
minimal by the Corps, as-built drawings of the mitigation grading, planting, and
irrigation shall be submitted to the Corps (cc: USFWS and EPA) within 30 days of
implementing the redesigned mitigation.
8. The permittee shall stafl a qualified biologist on site during all phases of constzuction
andmitigationimplementation to ensure compliance with he requizwnents of this
permit, and shall produce a report that documents the timing and events of the final
implementation schedule. The pennittee shall submit the biolo$sVs name, address,
telephone number, ernail address (if available), and work sdredule on the project to the
this IP. "he permittee shall report any violation to the Corps within one day of its
occurrence.
Coxps-prior to the planned dak of initiating waters/wetld impacts authorized by - .~ - .-.
9. "he permittee shall submit a report to the Cop within 30 days of completion of waters/wetlands impads authorized by this IP that docments compliance with all permit conditions. The reportshaU include photographs showing. fenced and marked limits of impacts to all Corps jurisdictional areas, abbuilt comtrwt~ -on drawings and a
summaryofallprujectactivities.
10. The permittee shall not remove/impact vegetation from development areas from
March 15 to September 15 to avoid impacts to nesting birds. Any habitat restoration
and creation activities ako shall be timed to avoid disturbance of Federally-listed and
other migratoq nesting birds (ie., avoid disturbance from March 15 through
September 15). However, the permittee may be authorized to remove/impact
vegetation within development and restoration areas during this time if a qualified biologist surveys the proposed work area immediately prior to the vegetation removal
and concludes that no impacts to nesting birds will occur. The results of the survey
shall be provided to the Corps for review and approval prior to initiation of
vegetation removal. A qualified biologist shall monitor the vegetation removal to emure the no impacts to nesting birds will occur.
11- The permittee shall ensure that water quality is maintained within the channel at and
downstream of the project site by incorporating appropriate design elements mto the
project (eg., maintaining a soft bottom channel., installing detention basins, etc.) .-
12. The permittee shall preserve in perpetuity all mitigation areas by placing a biologcal
conservation easement in favor of an agent approved by the Corps on these areas. The p-awshall submit a draft &Gnt to the Corps prior to initiating wetland impacts. The form and contept of the easement shall follow the enclosed example, and
must be approved by the Corps prior to its emtion. The easement shall state clearly
that no other easements or activities that would result in soil disturbance and/or vegetation removal/ except as approved by the Corps, shall be allowed within the biological mnsemation easement area. The permittee shall submit the final easement within 10 days of receiving Corps approval of the draft easement.
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Further Information:
1. Congressional Authorities. You have been authorized to undertale the activity descrii above pursuant to:
( ) Section 10 of the River and Harbor Act of 1899 (33 U.S.C. 403).
(x)
( )
Section 404 of the Clean Water Act (33 USC. 1344).
section 103 of the Marine Protection, Research and sanduanes Act of 1972 (33 U.S.C. 1413).
2 Limits of this authorization.
a.
authorizations required by law.
This permit does not obviate the need to obtain other FederaI, state, or local
b. This pennit does not grant any property rights or exclusive privileges.
c. This pexmit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or pr+ Federal
project
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume
any liability for the following:
a. Damages to the unpermitted activities or from natural causes.
project or uses thereof as a result of other petted or
b. Damages to the permitted project or uses thereof as a nsult of current or future activities
undertaken by or on behalf of the United States in the public interest.
c.
structures caused by the activiv authoad by this permit.
d. Design or constniction defiaench associated with the permitted work
e. Damage claims assodated with any future modification, suspension, or revocation of this
Damages to persons, property. or to other permitted or unpermitbed activities or
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germit. . . -- +.
4. Reliance on Applicant's Data. The determination of this office that issuance of this permit is not contrary to the public interest was made m reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any
time the CiKUmstances warrant. Circumstances that could require a reevaluation include, but are
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a. You fail to comply with the terms and conditions of this pennit
b. The information provided by you in support of your pennit application proves to have
been false, incomplete, or inaccurate (% 4 above).
c. Significant new information surfaces which ehis office did not consider in meaching the &pal public interest decision
Such a reevaluation may result in a determinatian that it is appropriate to use the suspension,
modification, and revocation procedures contained m 33 CFR 325.7 or enforcement procedures
such as those contained in 33 CFR 326.4 and 326.5. l‘he referenced enforcement pxocedures provide for &e issuance of an administrative order requiring you to comply with the knns and
conditions of your pexmit and for the initiation of legal action where appropriate. You will be
required to pay for any comtive measure ordered by this office, and if you fail to comply with
such diredive, this office may in certain situations (such as those specified in 33 CFR 209.170)
accomplish the corrective measures by contract or othenvise and bill you for the cost.
6. Extensions. General condition 1 estabbhes a time limit for the comphtion of fhe activity
authorized by this permit Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will mdy
give you favorable consideration to a request for an extension of this time limit 0
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-3 Your signature below, as permittee, indicates that you accept and agree to comply with the tern
and conditions of this permit.
DA
When the structures or work authorized by this permit are'still in existence at the time the
property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the trans* sign and date
below.
DATE
8
‘8 k 7
STATE OF CALIFORNIA - THE RESQURCES AGENCY GRAY DAVIS, Governor
CALIFORNIA COASTAL COMMISSION
Date: August 28,2003
Perm it Application N 0. : A-6-CI 1-00-08 7
Page: 7 of 17
). San Diego Coast Area office
75 Metropolitan Drive, Suite 103 Diego, CA 92108-4421 5 ~19) 767-2370
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: NOT!CE OF INTENT TO ISSUE PERMIT
(Upon satisfaction .of special conditions) ,;; i .. ,
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THIS IS MOT A COASTAL DEVELOPMENT PERMfT
THE’SOLE PURPOSE OF’THJS NOTICE IS TO tNFORM THE APPLICANT OF THE
STEPS NECESSARY TO OBTAIN A VALID AND EFFECTIVE COASTAL
DEVELOPMENT PERMIT (“CDP”). A Coastal Development Permit for the development
described below has been approved but is not yet effective. Development on the site
cannot commence until the CDP is effective. In order for the CDP to be effective,
Cornmission-staff must issue the CDP to the applicant, and the applicant must siqn and
return ihe CDP. Commiss
Conditions for this permit is attached.
The Corn’hissbn’s approval of the CDP is valid for two years from the date of approval.
To prevent expiration of the CDP, you’must fulfill the “prior to issuance” Special
Conditions, ,obtain and sign the CDP, and commence development within two years of the
approval date specified below. You may apply for an extension of the permit pursuant to
the Commission’s regulations at Cal. Code Regs. title 14, section 131 69.
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On August 8,2003; the Catifornia’CoastaI Commission approved Coastal
Development Permit No. A-6-Cll-00-087, requested by City of Carlsbad, Attn:
Michael Holzmiller Subject to the attached conditions, for development consistina - of: Development of an 18 hole championship golf course, clubhouse, parking lot,
maintenance facilities, driving range, conference center and pads for future
industrial/golf related uses on 397 acre site.. More specifically described in the
application file in the Commission offices. Commission staff will not issue the CDP
until the ‘‘mior to issuance” special conditions have been satisfied.
The development is withfn the coastal zone in North of Palomar Airport Road and
east and west of College-Sj;oulevard, Mello 11, Carlsbad, (Son Diego County) 155-
104-04.
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.- - NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: August 28,2003
Permit Application No,: Ad-C11-00-087 e
Page 2 of 17
If you have any questions regarding how to fulfill the "prior to issuance" Special
Conditions for CDP No. A-6-Cll-00-087, please contact the Coastal Program
Analyst identified below.
Sincerely,
PETER M. DOUGLAS
Executive Director
By: Keri Akers
Coastal Program Analyst
Date: August 28, 2003
ACKNOWLEDGMENT
The undersigned permittee acknowledges receipt of - 'this Notice and fully
understands its contents, includi
*,
Please sign and return one copy df this form to the Commission office at the
above address.
STANDARD CONDITIONS
1. Notice of Recebt and Acknowledarnent. The permit is not valid and
development shall not commence until a copy of the permit, signed by the
permittee or authorized agent, acknowledging receipt of the permit and
acceptance of the terms and conditions, is returned to the Commission
office.
2. ExDiration. If development has not commenced, the permit will expire two
years from the date on which the Commission voted on the application,
Development shall be pursued in a diligent manner and completed in a
reasonable period of time. Application for extension of the permit must be
made prior to the expiration date.
3. Intermetation. Any questions of intent or interpretation of any condition will
be resolved by the Executive Director or the Commission,
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4.
5.
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: August 28,2003
Permit Application No.: A-6-Cll-00-087
Page 30f 17
Assianment. The permit may be assigned to any qualified person, provided
assignee files with the Commfssion an affidavit accepting all terms and
conditions of the permit.
Terms and Conditions Run with the Land. These terms and conditions shall
be perpetual, and it is the intention of the Commission and the permittee to
bind all future owners and possessors of the subject property to the terms
and conditions.
SPECIAL CONDITIONS: '
The permit is subject to the following conditions:
1. Final Develomnent Plans. PRIOR TO iSSUANCE OF THE COASTAL
DEVELOPMENT PERMIT, the appllcant shall submit to the Executive Director for
review and written approval, detailed final plans for the proposed development
that include site, building, grading and drainage plans. Said plans shall be in
substantial conformance with the plan entitled "City of Carlsbad Golf Course
Revisfons" submitted with LCPA 1-038 (Habitat Management Plan) on February 7,
2003 and shall comply with the following:
a, There shall be no impacts to southern maritime chaparral habitat within
the Coastal Zone portion of the project, Impacts to coastal'sage scrub
shall be consistent with the approved development plan and shall be
mitigated as addressed in Condition #2 below. Any temporary impacts to
wetland and/or riparian areas for the purpose of constructing golf cart
path crossings shall be restored as addressed In Condition # 3 below.
b. The conservation and development areas for the golf course property shall
be consistent with the golf course hardline map (Figure 8 Revised) in the
City of Carlsbad Habitat Management Plan (HMP). Areas shown for
conservation shall not be impacted or disturbed except for revegetation,
restoration and other similar activities related to mitigation. Areas shown
for impact may be fully developed with appropriate mitigation.
The permittee shall undertake the development in accordance with the
' approved plans. Any proposed changes to the approved plans shall be reported
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NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: August 28,2003
Permit Application No.: A-bCll-00-087
Page4of 17
to the Executive Director, No changes to the plans shall occur without a Coastal
Commission approved amendment to this coastal development permit unless the .
Executive Director determines that no amendment is legally required.
2. Mltlaation for Upland Habitat ImDacts. PRIOR TO ISSUANCE OF THE
COASTAL DEVELOPMENT PERMIT, the applicant shall submit to the Executive
Director for review and written approval, a final detailed coastal sage scrub
mitigation plan. Said plan shall be developed In consultation with the US, Fish and
Wildlife Service and the California Department of Fish and Game, and shall
include the following:
a. Preparation of a detailed site plan delineating all areas and types of
Impact to upland habitat species (both permanent and temporary) and
the exact acreage of each impact. In addition, a detailed site plan of the
mitigation sites shall also be included.
b. Impacts to coastal sage scrub shall be mitigated at not less than a ratio of
2:l I
c. Mitigation methods shall be consistent with those approved in Section 7-9
of the second addendum to the Carlsbad HMP and Policy 7-1,lO of the
Mello I1 Land Use Plan of the Carlsbad LCP, as provided In Exhibit 7 0.
d. A minimum buffer of 20 feet shall be provided between development as
defined in Section 301 06 of the Coastal Act, and native upland habitat,
except as otherwise provided in Section 7-1 1 of the second addendum the
Carlsbad HMP and Policy 3-1-12 of the Mello II Land Use Plan of the
Carlsbad LCP, as provided in Exhibit 10.
e. Location where the seeds will be collected and identification of plant
species to be used for the restoration area; .
f. Application rate (e.g. pounds per acre of seeding effort);
g. Methods of weed eradication. No weed whips shall be permitted after
installation of the seed mixes;
h. Designation of a qualified botanist to supervise the restoration effort;
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NOTICE OF INTENTTO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: August 28,2003
Permit Application No.: A-6-Cll-00-087
Page 5of 17
I, Goals, objectives and success criteria. The plan shall include quantitative
success criteria that clearly relate to the goals and objectives of the
habitat restoration program. These quantitative success criteria shall be
based on sampling reference sites or on pertinent published reports. The
success critieria shall include minimum requirements for species diversity
and cover of shrubs, subshrubs, and herbaceous species. At minimum, five
years after the initial planting, the restored areas shall support at least 10
native species appropriate to characterize the vegetation type and have
evidence of recruitment of at least one-half of these species. Weeds shall
be controlled as specified in (9) above and never constitute more than 10
percent of the total cover.
j. At completion of the mitIgation/restoration effort, the restoration specialist shall prepare a letter report indicating that the installation is finished and
that the five-year monitoring period has begun. Monitoring reports shall be
submitted to the City and the Executive Director annually for five years. If
at the end of five years, any of the restored areas fail to meet the success
criteria as contained in the final mitigation plan, the monitoring and
maintenance period will be extended one full year for that area. Final
monitoring for success shall occur affer at least a three-year period durlng
which there has been no remediation or maintenance, other than
weeding. If the success critieria are not met after 6 years, an amendment
to the permit shall be required,
The permittee shall undertake development in accordance with the approved
mitigation/restoration plan. Any proposed changes to the approved plans shall
be reported to the Executive Director. No changes to the plans shall occur
without a Coastal Commission approved amendment to this coastal
development permit unless the Executive Director determines that no amendment
is legally required.
3, Restoration for Construction Imsacts. PRIOR TO ISSUANCE OF THE COASTAL
DEVELOPMENT PERMIT, if any temporary wetland and/or riparian impacts are
proposed, the applicant shall submit a detailed revegetation plan indicating the
type, size, extent and location of all plant materials, any proposed irrigation system
and any other landscape features necessary to revegetate any proposed
temporary wetland and/or riparian impacts. The restoration program shall be
developed in consultation with the US. Department of Fish and Wildlife and the
California Department of Fish and Game, and at a minimum shall Include:
.-
NOTICE OF INTENTTO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: August 28, 2003
Permit Application No.: A-6-Cll-00-087
Page 6 of 17
Before/After Survey, The condition of the wetland and/or riparian
revegetation and substrate under the two approved golf cart crossing
Iodations shall be documented prior to construction, and the extent of
proposed temporary impacts shall be identified. The extent of impacts to the
vegetation and substrate.shal1 be assessed and documented after
completion of the repairs. Temporary wetland and/or rlparian impacts shall
be revegetated at a ratio of 1 :I. There shall be no wetland impacts except
for those temporary impacts associated with construction of the two
approved golf cart crossings. No permanent wetland or riparian impacts shall
be allowed.
a. The following goals, objectives and performance standards for the
restoration sites:
1.
2,
. --
Full restoration of all wetland and/or riparian impacts that are
identified as temporary. Restoration of temporarily impacted
areas shall include, at a minimum, restoration of before-impact
elevations, restoration of before-impact hydrology, removal of all
non-native plant species, and replanting with locally collected
native wetland and/or riparian plant species.
After construction and restoration, a permanent minimum buffer of
100 feet shall be provided between development and wetlands,
and a minimum buffer of 50 feet shall be provided between
development and riparian area, except as shown on the "City of
Carlsbad Golf Course Revisions" plan dated February 7, 2003. For
the two approved golf cart path crossings and the golf course
playing areas adjacent to the riparian area as shown on the plan,
an average minimum post-construction buffer of 50 feet shall be
provided between new development and wetlands, and an
average minimum post-construction buffer of 25 feet shall be
provided between new development and riparian areas,
consistent with Policy 3-1 J2 of the Mello Ii Land Use Plan and
Section 7-1 1 of the Carlsbad HMP, as provided in Exhibit 10, unless
otherwise approved by the Executive Director in a manner
consistent with the final, approved development plans and
mitigation/restoration plans. The buffer between development
and riparian/wetland habitat for these referenced areas shall not
be less than 10 feet in width at any one point.
.- -.
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: August 28,2003
Permit Application No.: A-6-Cll-00-087
Page 7 of 17
3, As shown on the plan entitled *City of Carlsbud Golf Course
Revisions" submitted wlth LCPA 1-03B (Carlsbad HMP) on February
7, 2003, and consistent with the golf course hardline map (Figure 8
Revised) in the Carlsbad HMP, golf cart path crossing # 1 shall utilize
the existing farm road, and crossing # 2 shall utillze a bridge span
structure. No permanent riparian impacts shall occur for either
crossing .
Success criteria and final performance monitorlng shall provide at
least a 90% coverage of areas disturbed by construction activities
within 1 year of completion of construction activities.
_-
4.
5. The final design and construction methods that will be used to
ensure the restoration sites achieve the defined goals, objectives
and performance standards.
Submittal, within 30 days of completion of initial restoration work, of
post-restoration plans demonstrating that the restoration sites have
been established in accordance with the approved design and
construction methods.
6,
Construction impacts to sensitive habitat areas (e.g., coastal sage and other
native upland habitat, wetlands, and riparian areas) shall be avoided by
identifying and staking all sensitive habitats outside the project footprint, and
educating the construction crews about the importance of these habitats and
need for protection.
The permittee shall undertake development In accordance with the approved
restoration plan. Any proposed changes to the approved plans shall be reported
to the Executive Director. No changes to the plans shall occur without a Coastal
Commission approved amendment to this coastal development permit unless the
Executive Director determines that no amendment is legally required,
4. Final Landscape Plans. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT
PERMIT, the applicant shall submit to the Executive Director for review and written
approval, a detailed final landscape plan for the proposed development. Said
plan shall show the type, size, extent and location of all proposed vegetation and
any necessary irrigation, and shall provide the following information and/or
commit to the following requirements:
.. r
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: August 28,2003
Permit Application No.: A-6-Cll-00-087
Page 8 of 17
a. The installation of plant materials on the site, except for golf course turf
within the playing and practice ureas, shall consist only of drought-tolerant
native or non-invasive plant materials. Within buffers adjacent to native
habitat, only native plant materials shall be installed. To the extent feasible,
native grasses shall be utlilized in "rough" areas.
b. Required habitat buffers, as provided in Special Condition #2, shall be
identified. The applicant shall provlde a list of proposed plants to be used in
the buffer areas, and shall indicate the type and location of any proposed .
barriers, signage or other methods that will be utilized to separate golf
course activities from protected native ha bltat, wetlands and/or riparian
area.
c. A planting schedule that indicates the planting plan will be implemented
within 60 days of completion of construction.
d. A written commitment by the applicant that all required plantings will be
maintained in good growing condition, and whenever necessary, will be
replaced.with new plant materials to ensure continued compliance.
e. A written commitment by the applicant that five years from the date of
. opening of the golf course, the applicant will submit for the review and
written approval of the Executive Director, a landscape monitoring report,
prepared by a licensed Landscape Architect or qualified Resource
Specialist that certifies the on-site landscaping Is In conformance with the
landscape plan approved pursuant to thls Special Condition. The
monitoring report shall include photographic documentation of plant
species and plant coverage.
f. If the landscape monitoring report indicates the landscaping is not In
conformance with or has failed to meet the performance standards
speclfied in the landscaping plan approved pursuant to this permit, the
applicant, or successors in interest, shall submit a revised or supplemental
landscape plan for the review and approval of the Executive Director, The
revised landscaping plan must be prepared by a licensed Landscape
Architect or a qualified Resource Specialist and shall specify measures to
remediate those portions of the original plan that have failed or are not in
conformance with the original approved plan,
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NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: August 28,2003
Permit Application No.: A-6Cll-00-087
Page 9of 17
The permittee shall undertake development in accordance with the approved
landscaping plans. Any proposed changes to the approved landscaping plans
shall be reported to the Executive Director. No changes to the plans shall occur
without a Coastal Commission approved amendment to this coastal
development permit unless the Executive Director determines that no amendment
is legally required,
5, Erosion Control Plans. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT
PERMIT, the applicant shall submit to the Executive Director for review and written
approval, an erosion and sediment control plan for the proposed development,
prepared by a qualified resource speclalist. The plan shall be in substantial
conformance with the following requirements:
a. The plan shall dellneate the areas to be.disturbed by grading or
construction actlvities and shall include any temporary access roads,
staging areas and stockpile areas. The natural areas on the site shall be
clearly delineated on the project site with fencing or survey flags. No
b.
grading or staging of equipment or supplies shall occur in the protected
areas.
The plan shall specify that if grading occurs during the rainy season
(October 1 -March 31), the applicant undertake the following protective
measures to assure offsite sedimentation is minimized to the maximum
extent feasible: install or construct temporary sediment basins (including
debris basins, desilting basins or silt traps), temporary drains and swales, sand
bag barrlers and/or silt fencing; stabilize any stOckpiled fill with geofabric
covers or other appropriate cover; install geotextiles or mats on all cut or fill
slopes; and close and stabilize open trenches as soon as possible.
These erosion and sediment control measures shall be required on the
project site prior to or concurrent with the initial gradlng operations and
maintained throughout the development process. All sediment should be
retained on-site unless removed to an approved dumping location either
outside the coastal zone or to a site within the coastal zone permitted to
receive fill.
c. The plan shall also include temporary erosion control measures should
grading or site preparation cease for a period of more than 30 days,
including but not limited to: stabilization of all stockpiled fill, access roads,
disturbed soils and cut and fill slopes with geotextiles andlor mats, sand bag
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: August 28,2003
Permit Application No.: A-6-Cll-00-087
Page 10 of 17
barriers, and/or silt fencing; and installation of temporary drains and swales
and sedlment basins. These temporary erosion control measures shall be
monitored and maintained until grading or construction operations resume.
The permittee shall undertake development in accordance with the approiled
erosion control plans. Any proposed changes to the approved plans shall be
reported to the Executive Director. No changes to the plans shali occur without a
Coastal Commission approved amendment to this coastal development permit
unless the Executive Director determines that no amendment is legally required.
6. Drainaae and Polluted Runoff Control Plan. PRIOR TO ISSUANCE OF THE
COASTAL DEVELOPMENT PERMIT, the appllcant shall submit for the review ond
approval of the Executive Director, final dralnage and runoff control plans
including supporting calculations. The plan shall be prepared by a licensed
engineer and shall incorporate structural and non-structural Best Management
Practices (BMPs) designed to reduce the pollutant load of runoff to the maximum
extent feasible, and reduce or eliminate any potential increases in the volume or
velocity of runoff leaving the site. In addition to the specifications above, the plan
shall be in substantial conformance with the following requlrements:
a. Selected BMPs (or suites of BMPs) shall be designed to treat, infiltrate or filter
stormwater from each runoff event, up to and including the 85th percentile,
24-hour runoff event for volume-based BMPs, and/or the 85th percentile, 1-
hour runoff event, with an appropriate safety factor, for flow-based BMPs.
b. BMPs shall be selected to address the pollutants of concern for this
development, including sediments, nutrients, pesticides, fertilizers, metals,
petroleum hydrocarbons, trash and debris, and organic matter.
c. Runoff shall be conveyed off site in a non-erosive manner; Energy
dissipating measures shall be installed at the .terminus of all outflow drains.
d, Drainage from all roofs, parking areas, driveway area, and other impervious
surfaces on the building pad.shall be directed through vegetative or other
media filter devices effective at removing and/or treating contaminants
such as petroleum hydrocarbons, heavy metals, and other particulates,
e. Opportunities for directing runoff into pervious areas located on-site for
infiltration and/or percolation of rainfall through grassy swales or vegetative
filter strips, shall be maximized.
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.I
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: August 28,2003
Permit Application No.: A-6-C11-00-087
Page 11 of 17
CI
f. The plan shall include provisions for maintaining the drainage system,
including structural BMPs, in a functional condition throughout the life of the
approved development. The Dlan shall include an identification of the paw or entitv(les1 resr>onsible for maintaining the various drainaae systems
over its lifetime and shall include written acceDtance by the resrsonsible
entitv(les1. Such maintenance shall include the following: (1) BMPs shall be
inspected, cleaned and reparred when necessary prior to and during each
rainy season, including conducting an annual inspection no later than
September 30th each year and (2) should any of the project's surface or
subsurface drainage/filtration structures or other BMPs fail or result in
increased erosion, the applicant/landowner or successor-in-interest shall be
responsible for any necessary repairs to the dralnage/filtration system or
BMPs and restoration of the eroded area. Should repairs or restoration
become necessary, prior to the commencement of such repair or
restoration work, the applicant shall submit a repair and restoration plan to
the Executive Director todetermine if an amendment to this coastal
development permit or anew coastal development permit is legally
required to authorize such work.
g. Parking lots susceptible to stormwater should be swept with a vacuum
h. The golf course shall be ebuipped with flow reducers or shutoff valves
regenerative sweeper on a regular basis.
triggered by a pressure drop so that broken pipes do not increase flow to
the storm drains;
i. The applicant shall provide, for the review unci approval of the Executive
Director, plans for a self-contained cart washing facility that is equipped
with a pre-treatment facility, and, if significant discharge is proposed, is
connected to the sanitary sewer;
j. All storm drain inlet structures must be equipped with trash racks, which shall be maintained by the applicant and/or authorized agent.
k. Storm drains shall be stenciled with water quality warnings indicating that
the drain flows to the lagoon.
The permittee shall undertake development in accordance with the approved
drainage and runoff control plans. Any proposed changes to the approved
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.I
NOTICE OF INTENTTO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: August 28,2003
Permit Application No.: A-6-Cll-00-087
v -r
Page 12 of 17
A(
drainage and runoff control plans shall be reported to the Executive Director. No
changes to the approved plans shall occur without an amendment to this coastal
development permit unless the Executive DIrector determines that no amendment
is legally required.
7. Water Qualitv Monitorina Plan. PRIOR TO ISSUANCE OF THE COASTAL
DEVELOPMENT PERMIT, the applicant shall submit for the review and approval of
the Executive Director, a water quality monitoring plan to address the quality of
runoff prior to leaving the site or entering the onsite riparian .area. The plan shall
describe the methodology for monltorlng, Including specific threshold levels and
sampling protocols, location of monitoring sites, schedule for monitoring, and
reporting of results. The monitoring plan shall also include a contingency plan
describing the actions to be taken if water quality impacts are discovered. In
addition to specifications above, the plan shall be in substantial conformance
with the following requirements:
a. The plan shall require monitoring of the following pollutants: nitrates, nitrites,
phosphates, dissolved oxygen, pH, total suspended solids (TSS),' acute and
chronic toxicity, and shall indicate the proposed sampling frequencies.
Total suspended solids USS) shall be sampled for at the same frequency as
the nutrients.
b. The plan shall specify maximum threshold levels for each water quality
para mete L
c. The plan shall specify sampling protocols to be used for each water quality
parameter, Measurements must be precise enough to evaluate
compliance with applicable water quality threshold levels.
d. Sampling for baseline data shall be conducted a minimum of three (3) times
and during different level storms to acquire a representative sample of
water quality conditions at the site,
e, Results of monitoring shall be submitted to the Executive Director annually.
f. If any water quality threshold levels referred to above in b) are exceeded,
the applicant (or successor interest) shall notify the Executive Director of the
exceedances and potential impacts and within 48 hours of receipt of the
monitoring data. At the same time the applicant shall consult with the
Executive Director regarding the need for additional sampling to evaluate
.
-_ ..
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: August 28,2003
Permit Application No.: A-6-C11-00-087
..
Page 13 of 17
c14
the exceedance or corrective action to minimize water quality impacts.
The applicant shall report to the Executive Director on the possible causes of
the exceedance and proposed corrective actions within 30 days of the
initial receipt of the data.
g. If any water quality impacts persist after three years of detection, not
withstanding any corrective actions taken by the applicant, all use of the
chemicals that exceed water quality threshold levels shall cease.
8. Turf and Pest Manaaement Plan. PRiOR TO ISSUANCE OF THE COASTAL
DEVELOPMENT PERMIT, the applicant shall submit to the Executive Director for
review and approval, a detailed turf and pest management plan for the golf
course portion of the development. The plan shall comply with the following
re q u ire men ts :
a. Turf management practices shall utilize state-of-the-art environmental
methods to minimize fertilizer use, water use and chemical pest control to
the maximum extent feasible, to avoid impacts to native upland habitat,
wetlands, riparian areas, and water quality.
b. The plan shall favor non-chemical strategies over chemical strategies for
managing onsite pests. Chemical strategies shall only be employed after all
other strategies have been used and proven Ineffective. This shall be
demonstrated by providing written notice to the Executive Director of the
non-chemical strategies that will be used, the reasons for their
ineffectiveness, and the chemical strategies that are being considered,
The permittee shall undertake development in accordance with the approved turf
and pest management plan plans, Any proposed changes to the approved
plans shall be reported to the Executive Director. No changes to the approved
plans shall occur without an amendment to this coastal development permit
unless the Executive Director determines that no amendment is legally required.
9. Public Golf Course Faciiitv. The golf course, clubhouse, parking areas,
driving range, conference center and pads for future industrial/golf related uses
shall be operated as facilities open to the general public. Any proposed change
in the level of public access and/or public use shaii require an amendment to this
permit. Signage shall be provided indicating that the onsite facilities as provided
above are open to the public.
.
.-
NOTICE OF INTENT TO ISSUE PERMfT
-c (Upon satisfaction of special conditions) -
Date: AUgUSt-28,2003
Permit Application No.: A-6-Cll-00-087
Page 14 of
10. ODen Space and Conservation Easement.
7
A. No development, as defined in Section 30106 of the Coastal Act, shall
occur in those areas indicated as Preservation Areas in Exhibit 7 (City
Golf Course, Revised Figure 8 of the Carlsbad HMP, CAR LCPA 1-03B)'
except for temporary impacts associated with construction of the two
approved golf cart path crossings, consistent with Special Condition
# 3, and onsite habitat restoration/revegetation activities as part of an
approved coastal sage scrub mitigation plan, consistent with Special
Condition # 2.
B. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall execute and record a document in a form and
content acceptable to the Executive Director, irrevocably offering to
dedicate to a the California Department of Fish and Game and the
US. Fish and Wildlife Services, or their successor agencies, an open
space and conservation easement over all onsite habitat
preservation areas. and all mitigation areas (onsite and/or offsite) that
will be utilized to address onsite impacts to habitat, The recorded
document shall include legal descriptions of both the applicant's
entire parcel and the easement area@). The recorded document
shall also reflect that development in the easement area(s) is
restricted as set forth in this permit condition.
C. The offer to dedicate shall be recorded free of prior liens and
encumbrances which the Executive Director determines may affect
the interest being conveyed. The offer shall run with the land In favor
of the People of the State of California, binding all successors and
assignees, and shall be irrevocable for a period of 21 years, such
period running from the date of recording.
1 1. Protection of the Coastal California Gnatcatcher. To prevent
breeding/nesting season impacts to the coastal California gnatcatcher (Polioptila
caiifornica californica), the permittee shall not undertake any clearing or grading
activities on the golf course site between March 1 and August 15, unless approved
in writing by the US. Fish and Wildlife Service and the California Department of Fish
and Game. Herbicide, pesticide and/or fertilizer applications shall occur outside
of a 100-foot exclusion zone to avoid drift towards nesting areas, A worker
education program shall be implemented to ensure that all golf course
-- -.
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: August 28,2003
--
cr4 Permit Application No.: A-6-Cll-00-087
Page 15 of 77
construction and maintenance workers know the location of all gnatcatcher nests
and are aware of the above-described protection measures.
During the non-breeding season (August 16 through February 28), if construction
activities will produce noise levels greater than 60 db, gnatcatcher-occupied
habitats within the habitat preserve areas shall be shielded from the sight and
sound of such activities taking place within 50 feet of the occupied habitat, ming
the following technique, During construction, the gnatcatcher habitat will bs
shielded from sight and sound by 8-foot high, solid 1 -inch thick barriers. A
biological monitor must be onsite dally to ensure that the construction actlvitEes
are having no negative impact on gnatcatchers.
The permittee shall staff a qualified monitoring biologist on-site during all CSS
clearing and any other project-related work adjacent to CSS to be avoided. The
biologist must be acknowiedgeabie of gnatcatcher biology and ecology. 7ho
permittee shall ensure that prior to and during the clearing of coastal sage scrub
andlor any other suitable gnatcatcher habitats outside the gnatcatcher breGding
season, the biologist shall locate any Individual gnatcatchers on-site and dire 3
clearing to begin in an area away from birds, In addition, the biologist shall walk
ahead of clearing equipment to flush birds towards areas of habitat that will ine
avoided and/or which are located within the permanent preserve areas.
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12. Open Space Restriction.
A. No development, as defined in Section 30106 of the Coastal Act, shcdl
occur in habitat buffer areas as required in Special Conditions # 2 and 4,
and as identified in the final landscape plans, and as described and
depicted In an Exhibit attached to the Notice of Intent to issue Permit
(NOI) that the Executive Director issues for this permit, except for
1. approved landscaping activities and plantings and/or restoration
and revegetation of native habitat according to the final coastal
sage scrub mitigation plan; and
B. PRIOR TO ISSUANCE BY THE EXECUTIVE DIRECTOR OF THE NO1 FOR THIS
PERMIT, the applicant shall submit for the review and approval of the
Executive Director, and upon such approval, for attachment as an Exhibit to
the NOI, a formai legal description and graphic depiction of the portion of
the subject properly affected by this condition, as generally described
above and shown on Exhibit 7 attached to this staff report.
.. . .,
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NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: August 28,2003
Permit Application No.: A-6-Cll-00-087
Page 16of 17
C, PRIOR TO ANY CONVEYANCE OF THE PROPERTY THAT IS THE SUBJECT OF THIS
COASTAL DEVELOPMENT PERMIT, the applicant shall execute and record a
deed restriction, in a form and content acceptable to the Executive Director:
(1) indicating that, pursuant to this permit, the Californla Coastal Commission
has authorized development on the subject property, subject to terms and
conditions that restrict the*-use and enjoyment of that property (hereinafter
referred to as the "Standard and Special Conditions); and (2) imposing all
Standard and Special Conditions of this permit as covenants, conditions and
restrictions on the use and..enjoyment of the Property. The restriction shall
include a legal description of the applicant's entire parcel or parcels. It shall
also indicate that, in the event of an extinguishment or termination of the deed
restriction for any reason, the Standard and Special Conditions of this permit
shall continue to restrict the use and enjoyment of the subject property so long
as either this permit or the development it authorizes - or any part, modification
or amendment thereof - remains in existence on or with respect to the subject propew. .-.
Pb7 13. Any future revisions to the golf course layout andlor design which may be
necessary to address golf course operations or any other reason shall require an
amendment to this permit. Any such revisions to the golf course shall occur within
the approved developable area in the least environmentally damaging manner
that is most protective of the sensitive resources within the habitat preserve. No
impacts to resources within the preserve shall be permitted.
14. Technical Advisory Panel.
An independent technical advisory panel of environmental and agency
representatives shall be provided the opportunity to review and comment on the
management plans and ongoing monitoring reports. This will allow for meaningful
input by all parties interested in the water quality in the Agua Hedionda Lagoon,
and will assist the Coastal Commission staff and the City in effectively assuring the
environmental quality of the golf course. All review and comments will be
requested to be submitted within 45 days of receipt of draft plans, The Executive
Director of the California Coastal Commission shall have final authority over the
determination of condition compliance, unless it is determined that the item should
be referred to the Commission.
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NOTICE OF INTENT TO ISSUE PERMIT I
(Upon satisfaction of special conditions) Date: August 28,2003
Permit Application No.: A-6-Cil-00-087
Page 17 of 17
NOTE: IF THE SPECIAL CONDITIONS REQUIRE THAT DOCUMENT(S) BE
RECORDED WITH THE COUNTY RECORDER, YOU WILL RECEIVE THE LEGAL FORMS TO COMPLETE (WITH INSTRUCTIONS). IF YOU HAVE ANY QUESTIONS,
PLEASE CALL KERI AKERS AT (61 9) 767-2370 THE DISTRICT OFFICE.
A-6-CI 1-001087 R p t NO1
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