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Home My WebLink AboutVadnais Corporation; 2007-05-01; PWS07-12ENG Part 1 or 2DOC# 2008-0543763 Recording requested by: CITY OF CARLSBAD When recorded mail to: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008 OCT17, 2008 3:51 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 PAGES: Space above this line for Recorder's Use NOTICE OF COMPLETION 3. 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 Carlsbad Municipal Water District (CMWD), a municipal corporation. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on August 19, 2008. 6. The name of the contractor for such work of improvement is Vadnais Corporation. 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 the Lake Calavera Remedial Improvements, Project No. 3821-1. CARLS DISTRICT GLENN PRUIM Public Works Director VERIFICATION OF SECRETARY I, the undersigned, say: I am the Secretary of the Carlsbad Water Municipal District, 1200 Carlsbad Village Djjye,, Carlsbad,/ California, 92008. The Executive Board of said District on fy&ro kuLJu /7 , 2008, 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 (&Hk<k&4,/5" , 2008, at Carlsbad, California. CARLSBAD MUNICIPAL WATER DISTRICT AB 671 RESO 1341 Secretary CARLSBAD MUNICIPAL WATER DISTRICT (CMWD) San Diego County California CONTRACT DOCUMENTS, GENERAL, AND TECHNICAL PROVISIONS FOR LAKE CALAVERA REMEDIAL IMPROVEMENTS CONTRACT NO. 3821-1 BID NO. PWS07-12ENG Revised 7/17/06 Contract No 3821-1 Page 1 of 120 Pages TABLE OF CONTENTS Item Page Notice Inviting Bids 7 Contractor's Proposal 11 Bid Security Form 19 Bidder's Bond To Accompany Proposal 20 Guide For Completing The "Designation Of Subcontractors" Form 22 Designation Of Subcontractor and Amount Of Subcontractor's Bid Items 24 Bidder's Statement Of Technical Ability And Experience 25 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability And Workers'Compensation 26 Bidder's Statement Of Re Debarment 27 Bidder's Disclosure Of Discipline Record 28 Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid 30 Contract Public Works 31 Labor And Materials Bond 37 Faithful Performance/Warranty Bond 39 Optional Escrow Agreement For Surety Deposits In Lieu Of Retention 41 Revised 7/17/06 Contract No. 3821-1 Page 2 of 120 Pages GENERAL PROVISIONS Section 1 Terms, Definitions Abbreviations And Symbols 1-1 Terms 44 1-2 Definitions 44 1-3 Abbreviations 49 1-4 Units of Measure 52 1-5 Symbols 53 Section 2 Scope and Control Of The Work 2-1 Award and Execution of Contract 53 2-2 Assignment 53 2-3 Subcontracts 53 2-4 Contract Bonds 54 2-5 Plans and Specifications 55 2-6 Work to be Done 58 2-7 Subsurface Data 58 2-8 Right-of-Way 58 2-9 Surveying 59 2-10 Authority of Board and Engineer 63 2-11 Inspection 63 Section 3 Changes in Work 3-1 Changes Requested by the Contractor 63 3-2 Changes Initiated by the Agency 64 3-3 Extra Work 65 3-4 Changed Conditions 68 3-5 Disputed Work 69 Section 4 Control Of Materials 4-1 Materials And Workmanship 71 4-2 Materials Transportation, Handling and Storage 76 Section 5 Utilities 5-1 Location 76 5-2 Protection 76 5-3 Removal 77 5-4 Relocation 77 5-5 Delays 78 5-6 Cooperation 78 Section 6 Prosecution, Progress And Acceptance Of The Work 6-1 Construction Schedule And Commencement Of Work 78 6-2 Prosecution Of Work 83 6-3 Suspension of Work 85 6-4 Default by Contractor 85 6-5 Termination of Contract 86 6-6 Delays And Extensions Of Time 86 6-7 Time of Completion 87 6-8 Completion And Acceptance 88 6-9 Liquidated Damages 89 6-10 Use of Improvement During Construction 89 Revised 7/17/06 Contract No 3821-1 Page 3 of 120 Pages Section 7 Responsibilities Of The Contractor 7-1 Contractor's Equipment and Facilities 89 7-2 Labor 90 7-3 Liability Insurance 90 7-4 Workers'Compensation Insurance 91 7-5 Permits 91 7-6 The Contractor's Representative 92 7-7 Cooperation and Collateral Work 92 7-8 Project Site Maintenance 93 7-9 Protection and Restoration of Existing Improvements 95 7-10 Public Convenience And Safety 95 7-11 Patent Fees or Royalties 102 7-12 Advertising 102 7-13 Laws to Be Observed 102 7-14 Antitrust Claims 102 Section 8 Facilities for Agency Personnel 8-1 General 103 Section 9 Measurement and Payment 9-1 Measurement of Quantities for Unit Price Work 103 9-2 Lump Sum Work 103 9-3 Payment 103 SUPPLEMENTAL PROVISIONS TO PART 2, AND 3 OF THE SSPWC Part 2 Construction Materials Section 200 Rock Materials 200-2 Untreated Base Materials 108 Section 207 Pipe 207-25 Underground Utility Marking Tape 109 Section 215 Fencing 215-1 Environmental Fencing 110 PART 3 Construction Methods Section 300 Earthwork 300-13 Storm Water Pollution Prevention Plan 111 Section 306 Underground Conduit Construction 306-1 Open Trench Operations 114 306-5 Abandonment of Conduits and Structures 117 Section 313 Temporary Traffic Control Devices 313-1 Temporary Traffic Pavement Markers 117 313-2 Temporary Traffic Signing 118 313-3 Temporary Railing (Type K) and Crash Cushions 119 313-4 Measurement and Payment 120 Appendix A CRWQCB 401 Water Certification (File No. 04C-077) Appendix B CDFG Agreement Notification (No. 1600-2004-0101-R5) Appendix C Department of the Army (No. 200400983-KJC) Appendix D Department of Water Resources Division of Safety of Dams Appendix E San Diego Gas & Electric Appendix F Pac Bell Appendix G Carlsbad Conditional Use Permit (Res. Nos. 5890, 5891, & 5892) Revised 7/17/06 Contract No. 3821-1 Page 4 of 120 Pages TECHNICAL SPECIFICATION DIVISION 01 -GENERAL REQUIREMENTS 01026 Schedule of Values 01505 General Requirements 01 525 Safety and Occupational Health Requirements 01730 Operation and Maintenance DIVISION 02 - SITE WORK 02050 Demolition and Alterations 02100 Site preparation 021 1 0 Clearing, Grubbing and Stripping 02200 Earthwork 02372 Storm Water Pollution Prevention 02456 Steel H-Piles 02780 Cellular Concrete Mat 02830 Chain Link Fence and Gate(s) DIVISION 03 - CONCRETE 03200 Reinforcement Steel 03300 Cast-ln-Place Concrete 03360 Pneumatically-placed Concrete 03400 Precast Concrete Vaults 03410 Precast Structural Concrete 03600 Grout DIVISION 04 - MASONRY 041 1 0 Cement and Lime Mortars 04220 Concrete Masonry DIVISION 05 - METALS 05100 Structural Steel 05501 Anchor Bolts 05505 Miscellaneous Metal Work 05530 Aluminum Access Hatch DIVISION 06 - WOOD AND PLASTICS 06100 Rough Carpentry 06600 Slip-Line Pipe Rehabilitation DIVISION 07 - THERMAL AND MOISTURE PROTECTION 07311 Asphalt Shingles 07900 Sealants DIVISION 08 - DOORS AND WINDOWS 08120 Aluminum Doors and Frames 08520 Glass Block Windows Revised 7/1 7/06 Contract No 3821-1 Page 5 of 120 Pages DIVISION 09-FINISHES 09900 Coating Systems DIVISION 10 - SPECIALTIES 10520 Fire Extinguishers DIVISION 11-EQUIPMENT 11000 General Requirements for Equipment 11002 Equipment Mounting 11004 Equipment Control Devices 11021 Vibration Isolation Systems 11060 Electric Motors 11295 Hydraulic-Pneumatic Power and Actuator Control System 11435 Intake Screens and Air Backwash Assembly DIVISION 15 - MECHANICAL 15042 Hydrostatic Testing of Pressure Pipelines 15065 High Density Polyethylene Pipes 15067 Stainless Steel Pipes and Fittings 15096 Pipe Hangers and Supports 15100 Valves and Actuators 15104 Butterfly Valves 15400 Plumbing DIVISION 16 - ELECTRICAL 16000 Electrical Revised 7/17/06 Contract No 3821-1 Page 6 of 120 Pages CARLSBAD MUNICIPAL WATER DISTRICT CARLSBAD, CALIFORNIA NOTICE INVITING BIDS UNTIL 2:00 PM ON FEBRUARY 13, 2007, the Carlsbad Municipal Water District (CMWD) shall accept sealed bids, clearly marked as such, at the City of Carlsbad Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: LAKE CALAVERA REMEDIAL IMPROVEMENTS CONTRACT NO. 3821-1 BID NO. PWS07-12ENG INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the Carlsbad Municipal Water District (CMWD) and the Bidder No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the District to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the District 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 Carlsbad Municipal Water District may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the Carlsbad Municipal Water District or another jurisdiction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans and specifications as approved by the Board of Directors of the Carlsbad Municipal Water District on file with the Engineering Department. The specifications for the work include Carlsbad Municipal Water District Technical Specifications, Project Technical Specifications and the Standard Specifications for Public Works Construction, Sections 2 & 3, 2006 Edition, hereinafter designated "SSPWC" as issued by the Southern California Chapter of the American Public Works Association, as amended. Specification Reference is hereby made to the plans and specifications for full particulars and description of the work The General Provisions (Part 1) to the SSPWC do not apply. The Carlsbad Municipal Water District encourages the participation of minority and women-owned businesses The Carlsbad Municipal Water District encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. Revised 7/17/06 Contract No. 3821-1 Page 7 of 210 Pages BID DOCUMENTS 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 Subcontractor and Amount of Subcontractor's Bid 5. Bidder's Statement of TechnicaLAbility and Experience 6. Acknowledgement of Addendum(a) 7. Certificate of Insurance. The riders covering the District, 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. 8. Bidder's Statement Re Debarment 9. Bidder's Disclosure Of Discipline Record 10. Escrow Agreement for Security Deposits -(optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) 11. Documentation per Section 02456-1.5 ENGINEER'S ESTIMATE: All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids The Engineer's Estimate is $4,200,000. SPECIALTY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the District 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 only classification acceptable for this contract is. Class "A", General Engineering. ESCROW AGREEMENT 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. OBTAINING PLANS AND SPECIFICATIONS Sets of plans, supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $ 100 00 per set. If plans and specifications are to be mailed, the cost for postage should be added. INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction Any response will be made only by a written addendum duly issued by the Engineer a copy of which 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 Carlsbad Municipal Water District except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the Carlsbad Municipal Water District except as hereinbefore specified. Revised 7/17/06 Contract No. 3821-1 Page 8 of 210 Pages REJECTION OF BIDS The Carlsbad Municipal Water District reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids PREVAILING WAGE TO BE PAID The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. PRE BID MEETING A pre-bid meeting and tour of the project site will be held at 11:00 am on January 24, 2007 at the reservoir site located off Tamarack Avenue east of Strata Drive. On-site parking will not be available nor available directly upon Tamarack Avenue. UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. 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. ADDENDUMS Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the District 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 District may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Revised 7/17/06 Contract No. 3821-1 Page 9 of 210 Pages Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner Auto policies offered to meet the specification of this contract must' 1) Meet the conditions stated above for all insurance companies 2) Cover 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. 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 District 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 Board of Directors of the Carlsbad Municipal Water District 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 District may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited BUSINESS LICENSE The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the Board of Director's of the Carlsbad Municipal Water District, by Resolution No. 1283, adopted on the 21st day of November, 2006 January 3, 2007 Date H£A#EN I^JCUN£>TZTAssistant Secretary Publish Date: January 10, 2007 Revised 7/17/06 Contract No. 3821-1 Page 10 of 210 Pages CARLSBAD MUNICIPAL WATER DISTRICT LAKE CALAVERA REMEDIAL IMPROVEMENTS CONTRACT NO. 3821-1 CONTRACTOR'S PROPOSAL Board of Directors Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Technical 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. 3821-1 in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: Item No. Description 1 Mobilization and demobilization at a stipulated sum of thirty thousand dollars Approximate Quantity and Unit 1 LS Unit Price $30,000.00 Total $30,000 Dollars (Lump Sum) 2 Construction schedule at a stipulated lump sum of 1 LS $20,000 $20,000 Dollars (Lump Sum) Clearing and grubbing at , -&<^J 'Dollars (Lump Sum) Spillway improvements at Pts/ \ 1 LS $ \SO aQ 1 LS $ 4SX) , 00 0 $ ISO Q 0O Dollars (Lump Sum) Revised 7/17/06 Contract No. 3821-1 Page 1 1 of 120 Pages Item No. Description Asphalt concrete pavement and access road improvements at Dollars (Lump Sum) 8 Demolition at Dollars Each Approximate Quantity and Unit Dollars (Lump Sum) Cham link fencing and gates 3 Dollars (Lump Sum) Excavation, and .backfill at Dollars (Lump Sum) Concrete for anchors, cast-in- place conduit banks, pipe supports and all other items not listed herein but indicated on construction drawings and specifications at Dollars (Lump Sum) 1 0 Pre-cast concrete pull boxes at Dollars Each 1 1 Lockable aluminum hatches for pull boxes at 1 LS 1 LS 1 LS 8 EA 8 EA Unit Price 1 LS $ K000p $ $ $00^03 1 LS $2^0 QOO $ 3,^00 Total $ KO.OQg $ $ 2-^0 $ 4& .000~ $ Revised 7/1 7/06 Contract No. 3821 -1 Page 1 2 of 1 20 Pages Item No. Description Approximate Quantity and Unit Unit Price Total 12 13 14 15 16 Concrete masonry building complete with roof structure, roofing material, floor slab, doors, windows, louvers, ventilation fan, floor drains, clean outs, and all associated materials not listed herein at Dollars (Lump Sum) 24-inch diameter stainless steel inlet-outlet pipe complete with 1 8" butterfly valves, fittings, and 6" plug valve with connections for draining the tower at Dollars (Lump Sum) 8-inch diameter stainless steel air release line with goose neck, bends, and wire mesh screen at Dollars (Lump Sum) Hydraulic system complete with hydraulic actuator, hydraulic power unit, hydraulic pipes, fittings, valves, pipe supports, control panel and all associated equipment not listed herein at Dollars (Lump Sum) Pneumatic system complete with pneumatic actuator, pneumatic accumulator, pneumatic pipes, fittings, valves, pipe supports and all associated equipment not listed herein at Dollars (Lump Sum) Revised 7/17/06 1 LS 1 LS $ til 1 LS 1 LS QOQ GOO 1 LS $ 2.C2-$ Contract No. 3821-1 Page 13 of 120 Pages Item No. Description Approximate Quantity and Unit Unit Price Total 17 18 19 20 21 24-inch/33-inch stainless steel intake screen and backwash system complete with compressor, solenoid valves, coalescing filter, butterfly valves, air pipes, fittings, control panel and all associated accessories not listed herein at _ Dollars (Lump Sum) Existing 30-inch RCP pipe rehabilitation including HOPE liner material, labor and all appurtenances necessary for satisfactory completion of pipe rehabilitation at _ Dollars (Lump Sum) Electrical and instrumentation complete with electrical conduit, junction boxes, transformer pad, pull boxes, and all associated accessories not listed herein, including necessary facilities in obtaining service from SD.G&E and SBC.at ( Dollars (Lump Sum) DollaVs {Lump Sum) HP 12x53 piles (based upon Q piles at 23-feet each) at Dollars (Lineal Foot) 22 Drill for piling on standby Dollars (Lump Sum) 1 LS $ 3K 1 LS $ (($.000 1 LS $ 1 LS 138LF $ 1 LS $ I. fro*$ l. Revised 7/17/06 Contract No. 3821-1 Page 14 of 120 Pages Item No. Description Approximate Quantity and Unit Unit Price Total 23 HP 12x53 beams (3 at 3-ft each) 27 Dollars (Lineal Feet) 24 Pressure transducer with cable and control panel at Dollars (Lump Sum) 25 Precast conduit ductbank at 26 Dollars (Lump Sum) Steel pipe saddles, straps, bolts, HOPE separator assembly at Dollars (Lump Sum) Lift-in steel cofferdam assembly at Dollars (Lump Sum) 28 Furnish and install one (1) project sign at Dollars (Lump Sum) 9 LF 1 LS 1 LS 1 LS 1 LS 1 LS $_i£Q $ 1$ QO P $ 3QQg $ $ $ 1>S GOO ' $ £00 $ 3 00 O Total amount of bid in words (Items 1-28) r ,\u1 -28) rw INV\ \uVv~ S^reyvJkj jjalLrs:/n Total amount of bid in numbers (Items 1-28): $ ^ . IS() f^t Price(s) given above are firm for 90 days after date of bid opening. OPENED, WITNESSED oRDED: m¥Revised 7/17/06 DATE Contract No. 3821-1 SIGNATURE Page 15 of 120 Pages Approximate Item Quantity No Description and Unit Price Total 21 -A Additive for contingency to 6 EA $ jflO _ $ drill Bid Item 21 (per Section 02456-1 .2.C) at Dollars (Per Pile) Basis of Award is based upon the summation of Bid Items 1-28 (not including Bid Item 21-A). Addendum(a) No(s). 1 and 2 _ has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the Carlsbad Municipal Water District 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 Board of Directors of the Carlsbad Municipal Water District, the District may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number 255709 _ , classification A _ which expires on April 30, 2008 _ , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the District 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 District § 7028. 15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code § 20104. The Undersigned bidder hereby represents as follows: 1 . That no Board member, officer agent, or employee of the Carlsbad Municipal Water District 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 Board of Directors, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is Bond _ (Cash, Certified Check, Bond or Cashier's Check) for ten percent (1 0%) of the amount bid. Revised 7/1 7/06 Contract No. 3821-1 Page 16 of 120 Pages License Detail Page 1 of 2 California Home Wednesday, February 28, 2007 >y~s$ * > •*% 1"y ^y^felconrjcio License Detail Contractor License # 255709 CALIFORNIA CONTRACTORS STATE LICENSE BOARD DISCLAIMER A license status check provides information taken from the CSLB license data1 base Before relying on this information, you should be aware of the following limitations . CSLB complaint disclosure is restricted by law (B&P 7124 6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below Click on the link or button to obtain complaint and/or legal action information . Per B&P 7071 17. only construction related civil judgments reported to the CSLB are disclosed ii . Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration ' • Due to workload, there may be relevant information that has not yet been entered onto the Board's license data base Extract Date 02/28/2007 * * * Business Information * * * VADNAIS CORPORATION 9164REHCOROAD SAN DIEGO, CA 92121 Business Phone Number (858) 550-1460 Entity Corporation Issue Date 12/04/1968 Expire Date 04/30/2008 * * * License Status * * * This license is current and active All information below should be reviewed. * * * Classifications * * * ....... | Class, Description ! JA GENERAL ENGINEERING CONTRACTOR • * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number SU5002354 in the amount of $12,500 with the bonding company ARCH INSURANCE COMPANY. Effective Date 01/01/2007 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL(I): This license filed Bond of Qualifying Individual number SB0015171 for PAUL JOSEPH VADNAIS in the amount of $7,500 with the bonding company ONEBEACON INSURANCE COMPANY. Effective Date 05/27/1995 BQI's Bonding History * * * Workers Compensation Information * * * http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 02/28/2007 License Detail Page 2 of 2 This license has workers compensation insurance with the OLD REPUBLIC INSURANCE COMPANY Policy Number A1CW36530700 Effective Date 02/01/2007 Expire Date' 02/01/2008 Workers Compensation History Personnel List License Number Contractor Name Personnel Name Request Request Request © 2006 State of California Conditions of Use Privacy Policy http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 02/28/2007 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 (Street and Number) City and State (4) Zip Code Telephone No. (5) E-Mail IF A PARTNERSHIP. SIGN HERE: (1) Name under which business is conducted. (2) Signature (given and surname and character of partner) (Note. Signature must be made by a general partner) (3) Place of Business (Street and Number) City and State (4) Zip Code Telephone No. (5) E-Mail Revised 7/17/06 Contract No 3821-1 Page 17 of 120 Pages IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted Vadnais Corporation J. Vadnais Impress Corporate Seal here (3) Incorporated under the laws of the State of California (4) Place of Business 9164 Rehco Road (Street and Number) City and State San Diego, CA (5) Zip Code 92121 Telephone No. 858-550-1460 (6) E-Mail pvadnais@vadnaiscorp.com NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: Paul J. Vadnais, President and Treasurer Jeff Anderson, Vice President and Secretary Revised 7/17/06 Contract No. 3821 -1 Page 18 of 120 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego ss. On 2/27/07 Date personally appeared _ before me, Adrienne C. Strand, Notary Public Name and Title of Oflicer (e g , "Jane Doe, Notary Public") Paul J. Vadnais ADRIENNE C. STRAND t COMM. #1475955 o NOTARY PUBLIC-CALIFORNIA to SAN DIEGO. COUNTY QMy Commission Expires , MARCH 11, 2008 \ Name(s) of Signer(s) & personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITN 1 "" ^Signature of Nota^&biic Adr'ienne C. Strand, Notary Pub!1C OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document. Document Date:.Numberof Pages:. Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer Signer's Name D Individual D Corporate Officer — Title(s)' D Partner — D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other. RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing •_ D 1999 National Notary Association • 9350 De SotO Ave , PO Box 2402 • Chatsworth, CA 91313-2402 • www nationalnotaryorg Prod No 5907 Reorder Call Toll-Free 1-800-876-6827 BID SECURITY FORM (Check to Accompany Bid) LAKE CALAVERA REMEDIAL IMPROVEMENTS CONTRACT NO. 3821-1 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a "Certified *Cashiers check payable to the order of CARLSBAD MUNICIPAL WATER DISTRICT, in the sum of dollars ($ ), this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the District provided this proposal shall be accepted by the District 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 District if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. BIDDER *Delete the inapplicable word. (NOTE' If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed-the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid ) A*¥ Revised 7/17/06 Contract No 3821-1 Page 19 of 120 Pages BIDDER'S BOND TO ACCOMPANY PROPOSAL LAKE CALAVERA REMEDIAL IMPROVEMENTS CONTRACT NO. 3821-1 KNOW ALL PERSONS BY THESE PRESENTS: That we, Vadnais Corporation as Principal, and SureTec Insurance Company as Surety are held and firmly bound unto the Carlsbad Municipal Water District, Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) Ten Percent of Amount Bid for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: LAKE CALAVERA REMEDIAL IMPROVEMENTS CONTRACT NO. 3821-1 in the City of Carlsbad, is accepted by the Board of Directors, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the Board of Directors, Carlsbad Municipal Water District of the City of Carlsbad, duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said District. omW Revised 7/17/06 Contract No. 3821-1 Page 20 of 120 Pages In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this 22nd day of February ., 20 07 . PRINCIPAL. Vadnais (name o -Byr, "ign-here) Paul jj. (print na~me here) President of Vadnais Corporation (Title and Organization of Signatory) By:. (sign here) (print name here) (title and organization of signatory) Executed by SURETY this 22nd day of February , 20 07 . SURETY: SureTec Insurance Company (name of Surety) 3033 5th Avenue, Suite 300 San Diego. CA 92103 (address of Surety) -400-4 ion ^ (signature of Attorney-in-Faci) ' 7 \ "-r Fanina Monroe printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL General Counsel Deputy General Counsel By: Revised 7/17/06 Contract No. 3821-1 Page 21 of 120 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On 2/27/07 Date personally appeared _ beforeme, Adrienne C. Strand, Notary Public Name and Title of Officer (e g , "Jane Doe, Notary Public") Paul J. Vadnais -COMM. #1475955 OTARYPUBLIC-CALIFORNI SAN DIEGO. COUNTY O My Commission Expires •*™ Name(s) ot Signer(s) fe personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and official sdal. ^ r.,Q\A i Signature of Notary Pub Adrienne C. Strand, Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document. Document Date Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Officer — Title(s) D Partner — D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other. S 1999 National Notary Association 9350 De Soto Ave , PO Box 2402 Cnatsworth, CA 91313-2402 • www nationalnotary org Prod No 5907 Reorder Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT before me, Melissa A. Covarrubias, Notary Public Name and Title of Officer {e g , "Jane Doe Notary Public") personally appeared Janina Monroe Names) o( Signers) personally known to me - OR - D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacrty(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Commission # Notary Public - California Orange County Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: _Number of Pages: Signer(s) Other Than Named Above:. Capacities) Claimed by Signerfs) Signer's Name: Janina Monroe Signer's Name: D Individual D Corporate Officer D Titie(s): D Partner — D Limited D General H Attorney-in-Fact D Trustee D Guardian or Conservator (U Other: Top of thumb here RIGHT THUMBPRINTOF SIGNER D Individual CH Corporate Officer D Titie(s): Signer is Representing: D Partner — D Limited D General D Attorney-in-Fact O Trustee D Guardian or Conservator CD Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER Signer Is Representing: 8D-1133 9/97 POA#:510027 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Janina Monroe of Irvine, CA its true and lawful Attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment shall continue in force until 10/31/08 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company. Be it Resolved, that the President, any Vice-President, any Assistant Vice-President. any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Atlorney-m-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-m-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Coiporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20th of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20lh day of June, A.D. 2005. RANCE COMPANY Stale of Texas County of Hams B.J. On this 20th day of June, A.D. 2005 before me personally came B.J. King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument: that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. Michelle Denny Notary PuWte State of Texot My Commission Expires August 27,2008 Michelle Denny, Notary My commission expires August 27, 2008 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company; which is still in full force and effect: and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect Given under my hand and the seal of said Company at Houston, Texas this A.D. Any instrument issued in excess of the penalty stated above is totally voicrant* without any validity. For verification of the authority of this power you may cal! (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. Company Profile Page 1 of 1 Company Profile • SURETEC INSURANCE COMPANY 952 ECHO LANE, SUITE 450 HOUSTON, TX 77024 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process9 Reference Information NAIC# 10916 NAIC Group # 0000 California Company ID # 4914-8 Date authorized in California October 24, 2005 License Status UNLIMITED-NORMAL Company Type Property & Casualty State of Domicile TEXAS Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance For an explanation of any of these terms, please refer to the glossary SURETY Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? v Help Me Find a Company Representative in My Aica Financial Rating Organizations Last Revised - January 17, 2007 12 57 PM Copyright © California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_co_prof_utl.get_co_pr... 02/28/2007 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following Subcontractor disclosure form Bidders are urged to review the definitions in section 1-2 of the SSPWC ("Greenbook") and in the Supplemental Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Subcontractor" and "Work" and the definitions in section 1-2 of the Supplemental Provisions especially "Own Organization." Bidders are further urged to review sections 2-3 SUBCONTRACTS of the Greenbook and section 2-3.1 of these Supplemental Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be preformed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor- installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the District of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. omW Revised 7/17/06 Contract No. 3821-1 Page 22 of 120 Pages Determination of the subcontract amounts for purposes of award of the contract shall be determined by the Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad in conformance with the provisions of the contract documents and the Supplemental Provisions. The decision of the City Council shall be final. Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. Revised 7/17/06 Contract No 3821-1 Page 23 of 120 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS LAKE CALAVERA REMEDIAL IMPROVEMENTS CONTRACT NO. 3821-1 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Portion of Work* Subcontractor Name and Location of Business Subcontractor's License No. and Classification Amount of Work by Subcontractor in Dollars* f.OOO •gflOiOoo V 3ou^\err\. 25 Z. 000 *_C^1 r»A . Page t of ^> pages of this Subcontractor Designation form * Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids " Revised 7/17/06 Contract No. 3821-1 Page 24 of 120 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS LAKE CALAVERA REMEDIAL IMPROVEMENTS CONTRACT NO. 3821-1 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Portion of Work* Subcontractor Name and Location of Business Subcontractor's License No. and Classification Amount of Work by Subcontractor in Dollars* 000 Page of pages of this Subcontractor Designation form Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids " Revised 7/17/06 Contract No. 3821-1 Page 24 of 120 Pages BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) LAKE CALAVERA REMEDIAL IMPROVEMENTS CONTRACT NO. 3821-1 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 District to judge his/her responsibility, experience and skill. An attachment can be used. Date Contract Completed Name and Address of the Employer Please See Atta Name and Phone No. of Person to Contract chment Type of Work Amount of Contract Revised 7/17/06 Contract No 3821-1 Page 25 of 120 Pages l-(/) O UJ ^^O£OL HI UJ o_ OO o 9 I Rehco Roadego, CA 921 211 460 Fax 858-5!4 S55 M *- C S>J4 °> <5 «? •I * i IQ. 11UJ1Q. •oOj "a. nE aOo II c oil E ContractAmountDcation_j *o °~ *} oE z*- S Q.Project Owner,_ o E~S DZ verside Co Fid ControlPO Box 1033Riverside. CA 92502(714)7872015CL CO TO3 r-~ 10r--. O 0)T3 i£ Io CS| SCO •5 c o £ 1 8"c erside County Flood CoPO Box 1033Riverside, CA 92502(714)7872015CC CM J M MontomeryPO Box 7009Pasadena, CA 91 109CO &' CO 1 CO" 3 T3 raQ. •^ 0)ciQ. O CD f •^ W. ii QL Water Fac Authonty1775 Benson AveUpland, CA 91 786(714)981 9454CO an Dieguito Wtr Distnct59 East D StreetEncinitas, CA 92024(619)7531145CO CO < CO CM 5 V)sE UJ oj 1 *B It c °- i 55 <8 I? D-O .c •5com 5an Dieguito Wtr Distnc59 East D StreetEncinitas, CA 92024(619)7531145c?City of Oceanside300 N Hill StreetOceanside, CA 92054(619)9664867h- CO g 1 CO tf* O- 1 1 0)T3CO I 1 S "Ss<Q City of OceansideSOON Hill StreetOceanside, CA 92054(619)9664867S County of San Diego5555 Overland AveSan Diego, CA 92123(619)5655125N- CO 0,3 St~~ 1 S "ro IQ.w ! J5 ^o Q; §; 1 ^CO > "5 Q % 1p w w -*§^o County of San Diego5555 Overtand AveSan Diego, CA 92123(619)5655125CD TJ-County of San Diego5555 Overland AveSan Diego, CA 92123(619)5655125§i. I S i CM" O "co TO Q.(/) If"- o g c^ O 0 IE County of San Diego5555 Overland AveSan Diego, CA 921 23(619)5655125CN n Dieguito Water Distnct59 East D StreetEncinitas, CA 92024(619)7531145w r— O in fc 1 CJ 1 UJ 1 I1 1^ i 1 j*: CD 0 an Dieguito Water Distn59 East D StreetEncinitas, CA 92024(619)7531145CO CO onstruction Mgmnt Svc1010 Turquoise, #301San Diego, CA 92109(619)4881031o CO -^ CO CD(D 5- j£ e S IT 1Q f8n 0 instruction Mgmnt Servi1010 Turquoise St #30'San Diego, CA 921 09(619)4881031o ai Weardco ConstructionPO Box 1809Vista, CA 92083(619)741 7130« -5 S 1 o d ^c « 5 c —2 e IS COU- c JS 1 CO Weardco ConstructionPO Box 1809Vista, CA 92083(619)741 7130o 0-J Jbert Webb Associates4505 Allstate DnveRiverside, CA 92501(714)781 6190i 8 ^ S CO O 1 c u_ e oU 1 Ll_ 1 0> i o 1 CO•t Ten-Nrnety, Ltd7072 Garfield Aveintmgton Beach, CA 926(714)8425527X § oc111<to1a. 1 0"5. n o °O t «*2 "U) O 1 1IJL E 11 I i0 <oject LocationCL ij Project NameProject Owner|| z City of San marcos105W RichmarAveSan Marcos, CA 92069(619)7444020Iu_ 0 i an Marcos, CACO I Flood Con1E ision Road ImproveSi City of San marcos105 W RichmarAveSan Marcos, CA 92069(6197444020,City of San marcos105W RichmarAveSan Marcos, CA 92069(619)7444020S Sa COeno 5 CD 5CO -e Flood Conc CO Sewer and Storm DCity of San Marcos105W RichmarAveSan Marcos, CA 92069(619)7444020<c iN Ham BrothersPO Box 848Lakeside, CA 92042(619)4433911~ O § r--s incho California£Sewer arWaterCO Sewer & WaterTract No 21934-Ham BrothersPO Box 848Lakeside, CA 92042(619)4433911CN City of OceansideSOON Hill StreetOceanside, CA 92054(619)9664867CO O «Tj- S CJ 1 1O 1 ICD arsm/Guajome WatQ City of Oceanside300 N Hill StreetOceanside, CA 92054(619)9664867CM ilbert Webb & Associates3788 McCray StreetRiverside, CA 92506(714)686 1070O) c ^ (D CMh- 5 cS 1 E Storm DrEI iseline Road & DelCQ :ontana Hrtg WE Associates230 Newport Ctr Dr#300Newport Beach, CA 92660(714)8992581in CM NBS/LowryPO Box 81 24San Bernardino, CA(714)8881401<5S 8 5 6 I c 0)4" Water Trans LirEucalyptus AveCN >an Bernardino Co Wtrwrks14575 Pipeline AveChino, CA 91710tos City of OceansideSOON Hill StreetOceanside, CA 92054(619)9664867o §P< COfe 1 o CD O I c S o ammo/Mesa/Fire MWaterlineO UJ City of Oceanside300 N Hill StreetOceanside, CA 92054(619)9664867S i County Sanitation DistnctPO Box 4998Whittier, CA 90607(213)6855217<l Si -j 1 CO 1 O S SC CO •g E osamond Outfall / 1"F" RenovationOL .A County Sanitation DistnctPO Box 4998Whittier, CA 90607(213)6855217CM Jbert Webb & Associates3788 McCray StreetRiverside, CA 92506(714)6861070<t sa. CO COiJ gT~ _ oc1S 1 CO 1CO Ontano InterceptorLJJCO City of Ontano303 East B StreetOntano, CA91764(714)9861151CM nta Marganta Water DistnctPO Box 2279Mission Viejo, CA 92690(714)5823236(5? oOJ4 COs CO ssion Viejo, CA^ oc <D I Contract No 145anta Marganta Water DistnctPO Box 2279Mission Viejo, CA 92690(714)5823236CO os FWLS2500 Redhill AveSanta Ana, CA 92705(714)2501500S 0co s s cho Cucamonga,CACOCL ll-8 °> IS man 1 Henderson CI S The Caryn Company3151 Airway Ave J-2Costa Mesa, CA 92626(714)4327260CDCM CeLLt<£ •o "o aa "n 1°O 11 .1E: o£ E II o £0 <Locationa Q, •D WorkInvolveIRz T CL Project Owner,1 °l City of San Marcos105W Richmar AveSan Marcos, CA 92069(619)7444020O I O)(D CO te 5 CO COCO £ 8 •D 1 1 CO Q f| S Q.IEQ. ^ OS City of San Marcos105 W Richmar AveSan Marcos, CA 92069(619)74440208 City of Lancaster44933 N Fern AveLancaster, CA 93534(805) 723 6000i 0VEg. CO g. CO " o 1 2 8 2li_ c 5 Q | 0) 1 ^City of Lancaster44933 N FemAveLancaster, CA 93534(805) 723 6000CO CM •&mona Municipal Water Di;PO Box 849Ramona, CA 92065(619)7891330o: S2ZJ 8 o? % O o: CD 1 2 1 SQ.E T3 LU O 1 (0 S 0 QJ11If0. 155 Q. | D- f t Z.City of OceansideSOON Hill StreetOceanside, CA 92054(619)9664867S City of Palmdale708 E Palmdale BlvdPalmdale, CA 93550(805) 265 8580g 3 msco" y> g 15 1D. e cS 1LL. 8 COi "5gCO 6 (DU)Oe(0E City of Palmdale708 E Palmdale BlvdPalmdale, CA 93550(805) 265 8580CD CM City of San Marcos1 05 West Richmar AveSan Marcos, CA 92069(619)7449240g i. 5 os o c CO 1iI CO c T3CDOce CO iT City of San Marcos105 West Richmar AveSan Marcos, CA 92069(619)7449240CM Rudolph & SlettenPO Box 4637Foster City, CA(714)7280422oO) 1 CO o s O 5. CDO —>c CO E -o D I Jj | 5co s 1eD.E S i "5•52 Krausz Capistrano Partners651 Gateway Blvd #1010San Francisco, CA 94080CO CM 1i Diego County Water AutI3211 Fifth AvenueSan Diego, CA 92103(619)2973218toCO 5> 3 § O> 5 O "<o> CO 0 •I1 s1CO 1 gw i Diego County Water Author3211 Fifth AvenueSan Diego, CA 92103(619)2973218CDto C7> CM Rudolph & SlettenPO Box 4637Foster City, CA(714)7280422oii o °CO 5 JO 1 g D | CO I o X CO COo Advanced CV Systems26531 Ynez RdTemecula, CA 92390(714)6944500o CM 1 „anta Marganta Water DistPO Box 2279Mission Viejo, CA 9269C(714)5823236w 5i 3 1 cv 5 O c5 1 ^ 0 S 510- i anta Margarita Water DistnctPO Box 2279Mission Viejo, CA 92690(714)5823236CO CN Lyon Communities, Inc550 West Chase DrCorona, CA91720(714)2792182oi i 8 T-" t« CJ to e6 1 c 11 1 30_Lyon Communities, Inc550 West Chase DrCorona, CA 91720(714)2792182CM CM CCUJSQ. •o * aa TOE o o r £ E |u. c ContractAmountcc £ ^sio Q. •o lj 2j z £ D.Project OwnerA °l Camp Dresser Mckee703 Palomar Airport RdCarlsbad, CA 92008(619)4387755oi B1 Sr-. Sm O •o c 1U I D. t 3Tf£ 5_i to City of Oceanside300 North Hill StOceanside, CA 92054(619)9668677ro CM RBF & Associates14725 Alton ParkwayIrvine, CA 92713(714)47235055 "5 $1,072,000O o" £ V0c CO ctoS01 1 a S S O <inta Marganta Water DistnctPO Box 2279Mission Viejo, CA 92690(714)5823236CO CM tDiego County Water Authc3211 Fifth AvenueSan Diego, CA 92103(619)2973218c(0CO o> 5 $44,938CJ "rooc CD "=l en t3 D" I e?L1J CL c5 •5 1 £ &L K. 5 coto Diego County Water Authority3211 Fifth AvenueSan Diego, CA 92103(619)2973218c to in CM C & C Engineenng255 North Hacienda #255Industry, CASi" S. o I s «1 •3 o I <§ T3 | I "m 5 ^>"5u_ 00 "5JCc: Oc I "5u_Bircher Industry Partners701 North Haven AveOntano, CA 91764(714)944989010 £City of San Marcos105 West Richmar AveSan Marcos, CA 92069(619)7449240? S.$7,370,403CJ 1 c to 1 1 II 1-0 W | o Eu_ — Q 1m i2Ii> p- COOcS City of San Marcos105 West Richmar AveSan Marcos, CA 92069(619)7449240CM >,Diego County Water Authc3211 Fifth AvenueSan Diego, CA 92103(619)29732185to en 3 $418,855S "o [D E O ?C i- ||t UJ 5* u olo S I b: S" EPa>ELU Diego County Water Authonty3211 Fifth AvenueSan Diego, CA 92103(619)2973218c CO CO CM Camp Dresser Mckee703 Palomar Airport RdCarlsbad, CA 92008(619)43877555) "5 $112,714CJ 1 § I I fc CO 1 CE >- 0 1UJ City of Oceanside300 North Hill StOceanside, CA 92054(619)9668677CJ City of San Diego10102nd Ave #100San Diego, CA 92101(619)5277432o> 1 $327,001CJ o" 5 CD S Q. »_ or ^s-' Sf 1LU OC D.Q. E 1 Q. S o"c fSUJ City of San Diego10102nd Ave #100San Diego, CA 92101(619)5277432oS Ane De JongP O Box 947Carlsbad, CA 92008(619)75394127 I S I S•o 1 O c:•6 O 01E 0 O •c O Ane De JongP O Box 947Carlsbad, CA 92008(619) 753 9412S Cohch & Sons547 West 1 40th StGardena, CA 90248(213)7702920S 1 $652,500O (0c: 3 S I 8 T3 1 "" <§ S 1oCJ CO Colich & Sons547 West 140th StGardena, CA 90248(213)7702920CNJ03CN City of Lancaster44933 North Fem AveLancaster, CA 93534(805) 723 6294S S $658,957O « I 1 1 8 I "" X m 6 i>City of Lancaster44933 North Fem AveLancaster, CA 93534(805) 723 6294CM 0cuTSCL liE Qoo ffi c 1 !il £ •S £ iio< c I "tao1 a x o "c§ > ~ 1z "Cat6 a.Project OwnerJD -Qo E z City of San Diego101 02nd Ave #100San Diego, CA 92101(619)5277432S CO COCM Sta a Q 1 .33 1 0)cf CL ESP ^cQ 1 1or City of San Diego101 02nd Ave #100San Diego, CA 92101(619)5277432i .^Diego County Water Autho3211 Fifth AvenueSan Diego, CA 92103(619)2973218cCO ? U_ COo s o 1 £Q_ O •5 o: c > s -^ D. O Oc a:0E1 E LU QL ^p 1 UJ Diego County Water Authonty3211 Fifth AvenueSan Diego, CA 92103(619)2973218c CO sCM Asphalt ConstructionP OBox1187Lancaster, CA 93534(805)9442121a CD O _ 1 O 1_i 1 3•o § LL 10 1 « I I i Hanes & Associates421 56 North 10thStWayLancaster, CA 93534(805) 723 07791 Cityof Palmdale38300 North Sierra HwyPalmdale, CA 93550(805)2733162| CO CO 5"o CM" O 1 °~ I'c O 0ou. 1 SI 0 E U1" >0 1-I City of Palmdale38300 North Sierra HwyPalmdale, CA 93550(805)2733162o nta Margarita Water DistncPO Box 2279Mission Viejo, CA 92690(714)5823236CO Cn Q. CD Tf" 5 itfl I COs 0)c•c Is — I nta Marganta Water DislnctPO Box 2279Mission Viejo, CA 92690(714)5823236CO i •ange County Flood ContraP O Box 4048Santa Ana, CA 92702(714) 567 78320 8 5 S S 5 o 1 3~c 0li- fe Eto is s ra ^So S c 1 1 ange County Flood ControlP O Box 4048Santa Ana, CA 92702(714) 5677832O 1OJ City of Fontana8353 Sierra AveFontana, CA 92335(714)3507600CO 1 CD _ O c u_ e 3•oI 1 a 5 0 s53 3n Eagle Insurance Company7175NavajoRdSan Diego, CA 92119(619)463-5800oO 1a Nolte & Associates24741 Chnsanta DrMission Viejo, CA 92691ici S it/3 O 1S> g 8 •o| -i 1 ^0og<Mission Viejo Company26137LaPazRdMission Viejo, CA 92691(714)83760501 O)City of Oceanside300 North Hill StOceanside, CA 92054(619)9668677a I S 1 5 <u" 1o 1 1— C f CO c t~ "City of Oceanside300 North Hill StOceanside, CA 92054(619)96686771 E:Diego County Water Autho61 OW Fifth AvenueEscondldo, CA 92025(619)4801991§CO 101CO o s. s o 0?o CO $I ia>< CDX San Diego Co Wtr Auth61 OW Fifth AvenueEscondldo, CA 92025(619)4801991r-. §County of San Diego5555 Overland AvenueSan Diego, CA 92123(619)6942923en 1 en <o 5 & CO c(f 1coo iT 0>ICDCQ o 5?5 Q.County of San Diego5555 Overland AvenueSan Diego, CA 92123(619)6942923os s1LL£1 •o •53 « "5. KE Qo O _ 1 E ° 1111o <;t Location£ CL •D IIS|Project NameProject Ownerllz S Bubalo ConstructionPO Box 1048Monrovia, CA91017818-574-7570SioZ oss 03 g CJ e "c u E Q OJ 1 S Bubalo ConstructionPO Box 1048Monrovia, CA 91017818-574-7570CO oCM0>SD Co Wtr Authonty321 1 Fifth AvenueSan Diego, CA 921 30(619)2973218& o>LL Og O W O CO ilogT3 Esi"-55 C n~ °San Luis Rey Rivimergency ProtecUJ ts San Diego County Water Aui321 1 Fifth AvenueSan Diego, CA92130(619)2973218in §o>City of Oceanside300 N Hill StreetOceanside, CA 92054619-966-44608 au. in fco" g i> §o II0 Q T3 E II "-S 1 isbome Street Reo Cityof OceansideSOON Hill StreetOceanside, CA 92054619-966-4460CD o>County of San Diego5555 Overland AvenueSan Diego, CA 921 23(619)69429238ioLL 1 CO O £ » _ Q) £ TO!! -0 c ^ 1 .condido Drain ReLU S *-Yuima Municipal Water DisPO Box 177Pauma Valley, CA 9206(619)7423704r- o OJ Mission viejo Company26137LaPazRdMission Viejo, CA 92691(714)8376050CO .Q OLL h-r-. 1» <o 3S>Z 1i> _ oe g> SI•0 c o o "-co £Ahso Creek RepaMission viejo Company26137LaPazRdMission Viejo, CA 9269(714)8376050CO s Department of NavyP O Box 209Oceanside, CA 92065CO .a soa> W endleton, CAo_a. ECOO o5 coco D5i 3CO c Lmergency Water!UJ Department of NavyP 0 Box 209Oceanside, CA 92065o s Orange County EMAP 0 Box 4048Santa Ana, CA 92702(714)5677832<oen .a£ O COft S J - E g 0 8| W 1 0) cCD 1 Ici-m Orange County EMAP O Box 4048Santa Ana, CA 92702(714)5677832os O)Cityof Oceanside300 North Hill StOceanside, CA 92054(619)9664460S .0 £ ^ i eansideO CD 0) CO CO |£ 1a: COT)1 (E o City of Oceanside300 North Hill StOceanside, CA 92054(619)9664460§ 01 sibow Municipal Water DisP 0 Box 2500Fallbrook, CA 92088(619)7281178COa: S atu. S I 5 1 0 ilS §sc/> 1 cc CL 1 i £Rainbow Municipal Water DiP O Box 2500Fallbrook, CA 92088(619)7281178101 City of Oceanside300 North Hill StOceanside, CA 92054(619)9664460S•su. S in <O <DT3 CSo 0> o> rato D *is01 1a:River Road Wate|City of Oceanside300 North Hill StOceanside, CA 92054(619)96644601o> £ima Municipal Water DistiPO Box 177Pauma Valley, CA 92061(619)74237043 S X] CO a g S 03E I ll w §ain ^Emergency Repa?Yuima Municipal Water DtsP OBox177Pauma Valley, CA 9206(619)7423704§s Proiect Engineeri.a wE o 0 T5 Dc ou. E OS f*~ 0E 0 < cc 13 fj 5 CL il 1z a ct Project Owneru. Itz City of Oceanside300 North Hill StOceanside, CA 92054(619)96644608 -QOLL. g « S •D 0O <D Q % CO „ Q.<D C e>g Lake Boulevard ErS City of Oceanside300 North Hill StOceanside, CA 920(619)9664460S City of San Marcos201 Mata Way5an Marcos, CA 92069(619)7527550, < CN S O y U) e 1CJ 1o t— CD Cs 11 s •anite Construction CoP 0 Box 232406San Diego, CA 921(619)4648995O 1 Mission Viejo Company26137LaPazRdMission Viejo, CA 92691(714)8376050CO ^ s (^ O 2 S o II 11 t aS co Ahso Creek Add^ en Mission Viejo Compj26137LaPazRdMission Viejo, CA 92(714)8376050CNo o> cma Municipal Water DistPO Box 177'auma Valley, CA 92061(619)74237045 8 CO g " 5 > Q. CD' jl *(<£ 5 (13 0CJ Emergency Repairn P uma Municipal Water 1PO Box 177Pauma Valley, CA 92(619)74237041 City of OceansideSOON Hill StreetOceanside, CA 92054619-966-8677SJ, •z. oof 5 U 0? Q c 1 <3•o1 'c s1 1 St George Street DratO 3 J3 County of San Diec5555 Overland AvenSan Diego, CA 921 ;(619)6942923o 1 cTmite Construction Cornp;P 0 Box 232406San Diego, CA 92193(619)4648995O en S ooTf CD « U 3 <DO "p ra £ CD o E ll"- w e D_ cCD De Luz Emerg1 s •anite Construction CoP O Box 232406San Diego, CA 921(619)4648995O 1 City of Oceanside300 N Hill StreetOceanside, CA 92054(619)9664460en < g O Q)" « O CD P §~ a:s- aj Arthur Street Em5 City of OceansideSOON Hill StreetOceanside, CA 920:(619)96644601 City of Oceanside300 N Hill StreetOceanside, CA 92054(619)96644608 < s o CD" « O CD I| CD 0)o; c E> ILU T3 1 OZ .S City of OceansideSOON Hill StreetOceanside, CA 920;(619)96644601 *Jtsbow Municipal Water Di:P O Box 2500Fallbrook, CA 92088(619)7281178OL 9isCO CD O 16 c CD i1^ E C/3 3in CD ,_ Is- CD iff?O 3 Emergency RepaiCrossing of SanQ to nbow Municipal WaterP 0 Box 2500Fallbrook, CA 920f(619)7281178cc 1 o°0)Wilson Engmeenngalomar Apartment Rd, SCarlsbad, CA 92009(760) 438 4422D_Sr-. « Q ogin 0 5 1Q (O S T3 I J 1 30" Waterllne in Sol*i*The Baldwin Compa1975 El Cammo RealSan Diego, CA 921o 1 S o g g 0? Q W I 0) 0 cCD ro CB Institution<»0 Cornerstone Builde2398 San Diego AveiSan Diego, CA 921(619)5420086CD 1 ccui•GS •o "a. R O t £FinalAmountContractAmountcc *c •£ a51 £ •o "o | — z1 0 a.Project Owner1o E z SiD i u 'c cBo 1 1<§ 1 cc O •S CD "^O w "wS E lE 1 Centex Homes?80 Wardlow Circle, SteCorona, CA 91720(909) 279 4000CM O COcn Q.$4,199,000S S S »o w ec: o1 LL »CC O 0 S CD JS1°-•C 0Q E (X g Centex Homes280 Wardlow Circle, SteCorona, CA 91720(909) 279 4000CM S nO uena Sanitation DistnctMO Eucalyptus DistnctVista, CA 92083(619)5655657i 0) CO os O T3 .O O 0 ® 1 ™ 0,E CO Buena Sanitation Distnc600 Eucalyptus DistnciVista, CA 92083(619)5655657^. CO<j>Cityof San Clemente100 Avenida PresidioSan Clemente, CA(714)361 8322i $141,289O 53"£ § 0 £ B 8 T> | I 1<0Oin ?£ CO City of San Clemente100 Avenida PresidioSan Clemente, CA(714)361 832200 CO01 City of San Clemente100 Avenida PresidioSan Clemente, CA(714)361 8322D $142,100S £ § 0 CO 1 8 1 CD CD §1< CM 5 Cityof San Clemente100 Avemda PresidioSan Clemente, CA(714)361 8322o CO01 ta Marganta Water DistnctPO Box 2279ission Viejo, CA 92690(714)5823236COCO I? CO V) o 0^ c ^ — c 1 1 CO 11— (Uoso T5B o inta Marganta Water DisPO Box 2279Mission Viejo, CA 9269(714)5823236y> S 0>lego County Water Authonty321 1 Fifth AvenueSan Diego, CA 92130(619)2973218Dc:CO 1 S CM O 0 5c to "co "§>X QO Ss c TO (1)cc cs9-D. ED 1 Diego County Water Aul3211 Fifth AvenueSan Diego, CA 921 30(619)2973218roCO ^COOl Cityof OceansideSOON Hill StreetOceanside, CA 92054(619)9664460in 1 1 CJ 4 c 1 CO 2 sU) 0 CO (D6. 0o;City of Oceanside300 N Hill StreetOceanside, CA 92054(619)9664460oos City of Oceanside300 N Hill StreetOceanside, CA 92054(619)9664460| 3 $716,000S •5 c CD0O 1 CO 101o. SCD COo § Q ED City of Oceanside300 N Hill StreetOceanside, CA 92054(619)9664460c. oc,lego County Water Authonty3211 Fifth AvenueSan Diego, CA 921 30(619)2973218QCCO 1 $48,9155 D)aj Qc: CDto 1 5° ~<& 1 ^ co o3 ^ cl CO ^in 1 Diego County Water Aul3211 Fifth AvenueSan Diego, CA 92130(619)2973218C CO „ os lohn Carollo Engineers450 North Widet Ln'ainut Creek, CA 94958(520)93217101 $851,816o X ro E 1 § S ,_ l| tt 852 oi CO ^ c :rl Contra Costa San Dist5019lmhoff PIMartinez, CA 94553(510)6893890O so 0> aEU•GSa. •oS "a. o1°O S3SQ _ CS S il £< S cCO £ o ^0 < 1 £ *a £ Q. jl5| 1Z 011 Project Owner1o E-> 3Z •3-City of Palos Verdes Estat340 Palos Verdes Dr We:alos Verdes Estates, CA 9;(310)3780383a. O>_LL3 g 1 W g 1 LU S I> .2 Q_ | 8 E£ ST DI—IE °0 s Cro Q i S•s | S S 5<f> . . O City of Palos Verdes Estate340 Palos Verdes Dr Wesi3los Verdes Estates, CA 92(310) 378 0383Q_ OS City of San Clemente100 Avenida PresidioSan Clemente, CA(714)361 8322toen J3£ o cVs <O o>c 1 Uc CO e I•o BLU C ea i 2CO c < 1CD>< S^r City of San Clemente100 Avenida PresidioSan Clemente, CA(714)361 8322<» o 5 City of Oceanside300 N Hill StreetOceanside, CA 92054619-966-8677in 9£oLU CD0) O « <O £ 2c CO "5 cc JB S "cco Q.c2 I LL I £Q g anc Construction Company,461 6 North AveOceanside, CA 92054(619)941 7130LL N.S 05 City of Oceanside300 N Hill StreetOceanside, CA 92054619-966-8677inO) f>O g in w g •o JD 1o S CO gsCO 4i ^ 1o Chihcote, Inc21 60 Fletcher PkwyElCajon, CA 92020(619)4489550619-966-8677or- a ntura County Flood Control I800 South Victona AveVentura, CA 93009(805) 654 2409$ 8 3 OO 1i 5 £ E o 1c O S0 LL m Z3 5c QeCO 0 Sc M c «tura County Flood Control D800 South Victona AveVentura, CA 93009(805) 654 24091 COf-os Dudek & Associates605 Third StEnicinitas, CA 92024(619)9425147m i -z. Ol e»" O) S CDLL c CO 0 coK I CO § D< a: S 0 | 1 1 LL CO Ss(O CD i I Rancho Santa Fe CSD605 Third StEncmitas, CA 92024(619)9425147h-o I LA CountySanitation Distn1955 Workman Mill RdWhittler, CA 90601(213)6997411St3 § 1fCIf) 1 S 0 _J LA CountySanitation Distnc11955 Workman Mill RdWhittier, CA 90601(213)6997411O)oa </]R L Schafer & AssociatePO Box 1388Portervllle, CA 93258(209) 393 6072S 1 g i w g 2 ff SS sCD5 ^S-Q. Q[L 2 LU t D O Cawelo Water Distnct17207 Industnal Farm RdBakersfield, CA 93308(805) 393 6072gs RBF & Associates14725 Alton PkwyIrvine, CA 92713(714)4723505mo> Q. < g Oo" 1 o d 9> c Q i ^ 1 CO C 1 O 1CO 1— £ so Janta Marganta Water DistmPO Box 2279Mission Vieio, CA 92690(714)5823236COog City of Lancaster44933 North Fern AveLancaster, CA 93534(805) 723 60400> 1 0s3 <o 0 CO CO eIO •g 0 LL — CO 11 CD ¥ m P|! CO0> Q<City of Lancaster44933 North Fern AveLancaster, CA 93534(805) 723 6040g O5 SDG&E101 Ash StSan Diego, CA 92112(619)6962000u> 8 o __ CO O £ "CO> ccQ. CO g. 1 p5s SO 0 1Q.Hood CorporationP O Box 4368Whittier, CA 90607(619)4212313o O) CCu1a. •a « c."a. o£ QoO •c S __ "cre ic oil E SI o £0 < =c * 0 II> c 1n S 1 Project Owner«i~> 3Z Riley/ Pearlman Co11 640 San Vicente BlvdLos Angeles. CA 90049(805) 222 72908 z feCO ?!C7> CM" S 1•5 c2 sto 0S 1 c >Newhall Land & Farming d23823 Valencia BlvdValencia, CA 93155(805) 255 4000§ en CH2M Hill2510 Red Hill Ave, Ste ASanta Ana, CA 92705(805) 688 2292? H ooo IO O 2 CD TO I 1e o « c OJ § > IS Hc S CO g 03 2 0 "^8 Ss "S CT Central Coast Water Author225 Industrial WayBuellton, CA 93427(805) 688 2292o S 0,kmeier Construction Engmee1304 Olympic BlvdSanta Monica, CA 90404(213)4502879eCD 8 co in 01 s S •s o5 I to Ys>eo 1CO ro~ ,1U)Ritter Ranch Company6300 Elizabeth Lake RdPalmdale, CA 93550(805) 270 9562§ S 1kmeier Construction Engmee1304 Olympic BlvdSanta Monica, CA 90404(213)4502879eCO 8 CO 1 S"r-- S 0) 0 1 1 (0 CO £ ^ c (D D. 1 S1CO Ritter Ranch Company6300 Elizabeth Lake RdPalmdale, CA 93550(805) 270 9562fi 01 Sverdrup/Kaiser91 92 Topaz WaySan Diego, CA 92123(619)6544215oi Q. OB S O o" $ COCO w 1 _ro o; OJ §Q. D- I 1» ^City of San Diego MWWD600 B St, Ste 500San Diego, CA 92101(619)2366000I $ CO :>S ens Olin O f" o "c CO o sCO 1 D 1 1 15" X Valencia Company23823 Valencia BlvdValencia, CA 91355(805) 255 4000§ § 8 5 1 to"S CJ CO 0 TO ^C? 1 CO CD Q Sto f 1 Valencia Company23823 Valencia BlvdValencia, CA 91355(805) 255 40001en Teledyne Engmeenng21451 MontburyDrEl Toro, CA 92630(714)85522588 tjO g 5 CM O offi1 c: w 1CO c £3 0 •§n: CO 11- §o « ts Santa Marganta Water DistnPO Box 2279Mission Viejo, CA 92690(714)5823236Is Sverdrup/Kaiser91 92 Topaz WaySan Diego, CA 92123(619)6544215S £ S f^.CO O o»Q §to 1 CO Ei V = 1LU or 5 ^FCI Constructors12707 High Bluff DrSan Diego, CA 92130(619)481 6900fei & CMS COs s o 1 0o !E ¥ | e 0)0>COc: CD Q 1 ^cocr Don Hubbard ContractingP 0 Box 577Encmitas, CA 92024(760)7531137to os City Of Los Angeles200 North Spnng StLos Angeles, CA 90012(213)8476480OlA.CD CO 1 CO fc O o Los Angelen 1| g to 5 CD "5 CO S I toIs c£ Q- OS CJ 1 1 CO 1 City Of Los Angeles200 North Spnng StLos Angeles, CA 90012(213)84764808 8 t •o 0> 4a B JD » 1 c c ix E I! g ECJ < cc "S 1 a. "C if 1nZ "C 4 °-jct OwnerEo. «! Z tDiego County Water Authc321 1 Fifth AvenueSan Diego, CA 921 30(619)2973218Sto CD ik COso>o 5 I oID 0 Q> £ S. Q. 1o; fr 0 0 LLI ^jnty Water Authoi:ifth Avenuego CA9213012973218Ip! £to ois City of San Diego MWWD600 B St Ste 500San Diego CA 92101(619)2366000£ co-co O § 03 t« O O Q COCO IS S 00 C f „, If o: g £LU PaschenerBlvd Ste 12530, CA 92101I 238 2353X £ 0m CD 8 ne Water Authonty Engines600 City Pkwy WestOrange, CA 92868(714)4560166£ si 1 COs 3 i to J_ to 2O)0CC c E 1 1 :h Water Distnct3ox 57000CA 92718I 453 5585S 0 c 3t O. £ t^. 1 o>City of San Diego600 Ab StSan Diego, CA 92101{619)5335109CO TO § O R S 1 1 J_ Q. C£ 1c7i E is i X § <S o 5 W < «>c m o rt CO o o m O CD 0 CD -tT Q SO C w CO o 0>Padre Dam MWDPO Box 71 9003Santee, CA 92072(619)4483111CO "3 1 os s 0 C o CO0 m ICO 2 1 3 ro" S cCD < CO I I0.Dam MWD10X719003CA 92072448311112ft i&Teledyne Engmeenng21451 MontburyDrEIToro CA 92630(714)8552258§ S iiCN O o0" i s 1to 1= 'co 0 5 «CO CO «so SS rita Water District3ox 2279ejo, CA 92690582 3236c ^ s en The Stichler Design Group9655 Granite Rdg Dr #400San Diego CA 92123CO 0) s oiS o 0 Q COCO 0 C S^ij CO W p CO 0 in0 ^to istruction, IncnwicnDr, #170IO, CA 92122597 7070a m g " § &Montgomery Watson777 Campus CommonsSacramento CA 95825(916)9248844S •EO °i o 5cQ ^ g, "5cc2 = "c p •5. 0CO ^ ^ 0 to Construction- 39th Ave1 CA 94601532 8380|||1 CD 0» COo> os g «» s o>2Dc CO cco Q Bto ,_ o 01—oO)2O CO1 UL struction Compan;Angus Ave, #3CA 92668744 3900p 4-1 Q) • — • o S f £ CO in 0) nge County Flood Control DiP 0 Box 4048Santa Ana CA 92702(714)56778001O g C O CO CD S o s> CD O) IIo 1 So _ «! COc w s|CD "- CJ) 0 1 1 °~ "0c: cu > o sO o>1 Flood Control DiBox 4048la CA 92702567 7800£ O < **• o&- S<^O c ^ O gO °ASL Consulting EngineersOne Jennifer St, Ste 200Irvine, CA 92618o> 1D o oi 1 CO=ia c Jnfi £ i C ™ c E I E5J CDUJ to lley Water Districtiseo Adelantoistrano, CA 9267o o o PIs 1 m o aacLL5a. *"£ aFu E « if E I!Jl .ocation"C! Tij z e0.Project Owner._ ifz 8toate of CA, Department of "2829 Juan StSan Diego, CA 92110(619)4400672CO COen 1 5 E" 5 Q iCO I 8 -0 1 1 0i: o §s |i CD — . S3 CD "Io i te of CA Department of T2829 Juan StSan Diego, CA 92110(619)4400672to in 0 0, I£ate of CA, Department of '2829 Juan StSan Diego CA 92110(619)4400672CO COen I > oo R 5 •cCOO 1 (_> LL |f co r }J =3 c :e of CA, Department of T2829 Juan StSan Diego, CA 92110(619)4400672CO i% V1/me Water Authonty Engir600 City Pkwy WestOrange CA 92868(714)4560166c. COen oZ os COen CO 5 p CO 1CO cs 1§o 10.rvme Ranch Water DistncP 0 Box 57000Irvine CA 92718(714)4535585os CW Poss Inc201 South Balcom AveFullerton, CA 92832(714)871 9900O oISI 5 = @3en 5 _ oO LL f "c I X I s Cityof Laguna Hills5201 PaseoDe Alicia #1!Laguna Hills CA 92653CN §S Golden Turner600 convention WaySan Diego CA 92101(562) 599 5481<7>O i S so CO O CTQ> D§CO 1 D. LLI 11j|il 0 Q 92 ^5 CO City of San Diego600 Convention WaySan Diego CA 92101en 1 Wilson Engineering703 Palomar Airport ReCarlsbad CA 92009(760) 438 4422en§ 1 CDCDCO o Q £CO SCO nQ. D_ o ac 5 1 City of San Diego600 B St, Ste 700San Diego, CA 921011cn SBall Construction IncP O Box 3095South El Monte CA 917(626) 442 8003enen 1 o 5 03 CO ! s "35 c * sa S •a iCO Port of Long Beach925 Harbor PlazaLong Beach CA 90802"Signs & Pinnick IncP 0 Box 945ElCajon, Ca 92022(619)5798333enen cl CM CN OlCD 5 1 CD O 1 8•a LL a. Q. 6 The Eastlake Co LLC900 Lane Ave Ste 100Chula Vista cA 91914S en Golden Turner600 convention WaySan Diego CA 92101(562) 599 5481enen6 o§o to 5 0 CO IICJ LL Q. LLI 0 I!5 o sia03 Q C CO Cityof San Diego600 Convention WaySan Diego CA 92101CN en "5RBF & Associates9755 Clairemont Mesa BSan Diego, CA 92101(619)6145000£Q co i co" 5 s _CD O p c 1 1 Q. Q_ 03 11 I Otay Water Distnct54 Sweetwater Spnngs BSpnng Valley CA 9197710 css Montgomery Watson777 Campus Common:Sacramento CA 9582;(916)924884400en o§•q- !S o aC £E£ CO e c1sy a IQ. 1CO City of Sacramento5770 FreeprotBlvd #100Sacramento, CA 95822S en a01cLU"ESi,cCL •o % 0Is •c « ,1c cil E E §*J O o E0 < | I •£ ?D. ||Project NameProject Owner6 || z Montgomery Watson777 Campus Common;Sacramento CA 9582!(916)9248844Si. i o§o Z O -g f03 1e s 1 CO I— £3 w City of Stockton2500 Navy DrStockton CA 95206§Golden Turner600 convention WaySan Diego, CA 92101(562) 599 5481O5 o>Q I £ CJ o Q c 1 | 12u. a uj ¥>go Convention Centerse II Lower Harbor Dn\Box Culvertc £L to City of San Diego600 Convention WaySan Diego, CA 92101o c§DPR Construction, Inc6333 Greenwich, IncSan Diego, CA 92122(619)5977070o> £ ! w CJ o"U)0) D CDto fe -££ 1 £i—g ^Mission Trails, LLC8081 7th St NWWashington DC 20006O) CO 1 „State of CaliforniaDepartment of TransportaP 0 Box 942874Sacramento CA 9427'9 CO O3 CM ^>O O o Q CO 1go c urgency Culvert RepaiEUJ State of California)epartment of TransportationP O Box 942874Sacramento CA 94274o>01 C W Poss, Inc201 South Balcom AveFullerton, CA 92832(714)871 9900oo Q. § W 5 1p, s 1COO g soro High School RCBRancho Stationo>I—Capistrano USD32972 Calle Perfectoin Juan Capistrano, CA 92675» 8 RBF & Associates9755 Clairemont Mesa B!San Diego, CA 92101(619)6145000g CDQ it « COO 2« CO•5 O 0) 1 S y-Mesa Interconnectsline, Building Package™ S °-Otay Water Distnct554 Sweetwater Spnngs BlvdSpnng Valley CA 91977(619)6702222<N CM O RBF S Associates9755 Clairemont Mesa B!San Diego CA 92101(619)61450008 0)O CO h-CO S 1 CJ 01 y-Mesa Interconnectsline Building PackageQ-Otay Water Distnct554 Sweetwater Spnngs BlvdSpnng Valley, CA 91977(619)6702222CO g •oRBF & Associates9755 Clairemont Mesa BSan Diego, CA 92101(619)6145000§ 8 Q o§ mf--10 5 1 CO•5 CJ 5 /- Mesa Interconnectloline Building PackageCO CDX 9-° o_Otay Water Distnct554 Sweetwater Springs BlvdSpring Valley, CA 91977(619)6702222m g IRBF & Associates9755 Clairemont Mesa BSan Diego, CA 92101(619)6145000g CD0 ga> w g i to SIO 1 y-Mesa Interconnectlolline Building PackageCL Otay Water Distnct554 Sweetwater Spnngs BlvdSpnng Valley CA 91977(619)6702222CM <N O05o>Montgomery Watson777 Campus Common!Sacramento CA 9582:(916)9248844CO O8 if)S£ CJ >O p•6 I f g 1 1e o ^amont Way MembraneFiltration PlantctT£D Kiewit Pacific5000 Marsh DrConcord CA 94520(925) 686 3030CO g Kennedy/Jenks1000 Hill Rd# 200Ventura CA 93003(805) 658 0607§ CO 8 5 Oss 0 COin S Hewhall ParallelCastaic Lake Water Agency27234 Bouquet Canyon RdSanta Clanta, CA 91350(805)2971600i Project EngineerCW Poss Inc201 South Balcom AveFullerton, CA 92832(714)871 9900•D fl I O tn Q M S* 8|i 1o < £ i <"S o 0 | o ra 1 I Q. •o of 1 15 > to 5 S *2 TO CO § 0 | _0 o" to c> r- CO fe §Project OwnerCaplstrano USD32972 Calle Perfectoin Juan Caplstrano, CA 92675CO ,1 5 -> = s Wilson Engineering703 Palomar Airport RCCarlsbad, CA 92009(760) 438 44221 5 !JCO O oS3 D cCO CO 3 1 CN 1 "oj O £ a D) J2» c °Es s»w 1 City of San Diego600 B St Ste 700San Diego CA 92101z§Wilson Engineering703 Palomar Airport ReCarlsbad CA 92009(760) 438 44229C CN § T_- «» i cn0)Q CO CO 3S c, H fiCO E£ 1 City of San Diego600 B St, Ste 700San Diego, CA 92101(619)2365555S 1 10Black & Veatch191 8 Mam St E250Santa Monica CA 9040(949) 788 4233O g OinT OJ«5 O 1o 03 CO tog 511 ES COUJ Castaic Lake Water Agency27234 Bouquet Canyon RdSanta Clanta CA 91350(805)2971600£ §Shappell Industnes Inc8383 Wllshire Blvd #70(Beverly Hills CA 9021'(323) 655 7330Oo gooo <>Jto o 8•5 < o 2 S•§ r2 Iun 2 3r Ranch Development Company8383 Wllshire Blvd #700Beverly Hills CA 90211fQ. O §Daniel Boyle Engmeenn7807 Convoy St Ste 20SanOiego CA 92111(858) 268 8080S g 1 o 1UJ 03 n g 1 8 1 " % ro Q-u. S I Ollvenhain MWD1966 Ollvenhain RdEncmitas, CA 92024(760) 753 6466CO O) •§RBF & Associates9755 Clairemont Mesa BlSan Diego, CA 92101(619)6145000oo I 1i o « "56 11 1 C D. •§ ^ || 1 s. CO ^^« E0) T3 S 5 o 1 dl Otay Water Distnct554 Sweetwater Spnngs BlvdSpnng Valley CA 91977(619)6702222CM ii Wilson Engmeenng703 Palomar Airport ReCarlsbad, CA 92009(760) 438 4422I Ogoo ,_«e O o 5 to 1S = ^ 11 flf 1£ co City of San Diego600 B St, Ste 700San Diego CA 92101(619)2365555S § eSASL Consulting Engmee10815 Rancho BernardoSan Diego CA 92127(619)6735505J O O ,_ « 5 1g 1 i in 1S I cf 1 CO 1 s UJ CO City of Solana Beach635 South Highway 101Solana Beach, CA 92075(858) 720 2474§ 1 DPR Construction, Inc6333 Greenwich, IncSan Diego, CA 92122(619)59770708 g K" S O 1 i cCO CO i- c to ^ 5-l| 2 CO oQ I 5m 1 sXJ ? I aiser Foundation Health Plan10992 San Diego Mission RdSan Diego, CA 921 08CM oi Camp Dresser McKee27234 Bouquet CanyonSanta Clanta CA 9135(805) 371 77008 O. os $E ^w 5 S w5 S<D 1 CO II ftSB 1 3 Calleguas MWD21000lsenRdThousand Oaks CA 91360(805) 526 93230 0? Oc11•sao1D. •o l| O Sf350 \L E "E ° O <;t Locationfa.WorkInvolveda> iz V 0 a.Project Owner5 °l Los Angeles World Airport;7301 World Way WestLos Angeles, CA 900458 o <DCO 5 Ia< 3 01 1| i 1 0 CD O•*-• X w "5. | | ? 1 ?Z) c: O<o „, co Excel Paving Comp2230 Lemon Av«Long Beach CA 90(562) 599 5841r--o Wilson Engmeenng703 Palomar Airport RdCarlsbad CA 92009(760) 438 44228 Q mCM o Q in S ce liW "o c? — 3 •£ It<fl Q. 8,Pardee ConstructM10880WilshireBlvd*Los Angeles CA 9C(310)4753525Kennedy/Jenks1000 Hill Rd# 200Ventura CA 93003(805) 658 0607oS in! 5 •§> s S 1 IIIto> o 2 s.= E §2 ^ s siO .c z ,ls :astarc Lake Water A7234 Bouquet CanyorSanta Clarita, CA 9'(661)2971600CM CDO Daniel Boyle Engineering7807 Convoy St, Ste 200San Diego, CA 92111(858)2688080S COCM te Santa Fe, CA^1IX To I X 8 Q Q CMto cZJ "o o Santa Fe imgation DiP O Box 409ancho Santa Fe, CA(858) 756 2424cc o UCSD9500 Gilman DrLa Jolla, CA 92093(858)5342177I oooo 03 O s (C ~* c?•5cc 1 s •D 1l> ij K IZ) «UCSD9500 Oilman DrLa Jolla, CA 920£(858)5342177CVJ Keith Companies73733 Fred Waring DrPalm Desert, CA 92660(760) 346 98449co Oo CM" s Santa Fe CA0 f o: 1 0) 2"cco(O C o: 1 HI£• Q O f-~ o S Santa Fe Valley 3 LP O Box 8095ancho Santa Fe, CA(858)7591774£ r- OCH2M Hill2485 Natomas Park Dr #60Sacramento, CA 95833(916)9200300§ o o r--" O 1CO 1 s?« III S<N Ieo c g 1 0 CO City of Sacrament1395-35thAveSacramento CA 95(916)2641400oCM Douglas & Associates2605 Westminster PICosta Mesa CA 92627(949) 645 3796S CNI g « S s i _ 8 •55c 1o E ro >, D ^The Irvine Compai550 Newport CenteiMewport Beach CA £(949) 720 2000•"~COM2151 River Plaza Dr #200Sacramento, CA 95833(916)56799009 1 « CM O E "o S CD 8 Q. i &a 1 3 CO ro•z. o Cityof Folsom50 Natoma StFolsom CA 9563(916)3557272o DPR Construction, Inc6333 Greenwich, IncSan Diego CA 92122(619)5977070S N-i o CO S CO 5 1o iI ^D- B3,ala Band of Mission lic/o Anchor Pala Dev,121 94 Pala MissionPala CA 92059(760) 742 3784o_ o Dudek Engineering605 Third StEncmitas CA 92024(760)9425147A CO O TO"cCO(Oo £& 1 c 1- (D fl || 0 CO 1 CO £o S-i. §>Santa Fe Valley 2, LP O Box 8095ancho Santa Fe CA(858)7591174•q- Cacgu*9 •o IIoo 1 1 _ E C 0£ E ontractmount0 < | I Ic CL WorkInvolvedProject NameProject Owner«l Keith Companies73733 Fred Waring DrPalm Desert, CA 92660(760) 346 9844o CO r--" te O S 1 o TOOL CO ita Fe Valley Seweruts3, 7, 8,9, &14C33 Santa Fe Valley 3, LLCP O Box 8095ancho Santa Fe, CA 92067(858)7591174f£ S Daniel Boyle Englneenng7807 Convoy Ct #200San Diego CA 92111(858) 268 8080S 1» o co §CO| c(0K CO 4;IW-1B, W-1C, V-5i Ctelo Offsite Force I1 iCL Q. 2 wood-Santa Fe Valley PartnP 0 Box 2504ancho Santa Fe CA 92067(858) 756 6300SCO t Montgomery Watson777 Campus CommonsSacramento CA 95825(916)9248844! m§menCM U IT> ? 01 £-S ws/SR 37/SR 29 SanSewerf I S e ejo Sanitation & Flood Cont450 Ryder StVallejo CA 94590> 1 Camp Dresser McKee7234 Bouquet Canyon RdSanta Clanta CA 91350(805) 371 7700oA 1 I g ST "(0 £ CO I •5 is Conduit North BranUnits 3 3A S4S f CD0 Calleguas MWD21000lsenRdhousand Oaks, CA 91360(805) 526 9324t— *Keith Companies73733 Fred Wanng DrPalm Desert CA 92660(760) 346 9844S ooo £ O ro CO1 cca. i c1ss£ o O 1 Q Starwood DevelopmetP O Box 2504ancho Santa Fe, CA 92067(858) 756 6300on i acer County Water AgencyP O Box 6570Auburn CA 95604(530) 823 48505. | O§os o c 8 E I 1 1 ryn/Lmcoln PipelineQ-lacer County Water AgencyP O Box 6570Auburn CA 95604(530) 823 4850Q_ 1 Wilson Engmeenng703 Palomar Airport RdCarlsbad CA 92009(760) 438 4422I sintoCOCMV) O o Q CDCO 1 San Diego Pipeline #:ay Road Crossinge o§ CO we-Passco Development, li801 North Park Center DrSanta Ana CA 92705(760) 635 2946SCO §HNTB Engmeenng11414 West Park PIMilwaukee, Wl 93224(414)35923009CO o§ins s aj 1 1 c 1 I Vater Mam River Cro:S c S City of MannetteP O Box 135Mannette, Wl 54143(715)7325150o CH2M Hillf85 Natomas Park Dr #600Sacramento CA 95833(916)92003001 os o j>301 g 13 £rallel Westside InteroCOQ_ « 0. o Kenko, Inc101 Central Ave NE Ste 10Blame, MN 55434(763)7552199CM OO Cityof Los Angeles200 North Spnng StLos Angeles, CA 90012(213)84764809CO o8 O W 5 <8ai g1 mo Sf 1 Off-tract Wet UtilitiesQh-s LU ColichSSons LP547 West 140th StGardena, CA 90248(323) 770 2920I Sverdrup Civil, Inc415 14th StSan Diego CA 92101(619)23423339 Sr-- co" 5 §>o> Q CCOCO 0> CO 2.ind Wet Utility Packac£e>CD ^City of San Diego101 02nd Ave Ste 1200San Diego CA 92101(619)2365555o Project EngineerIfE Q o C £ — c c oil E " c ll0 < 1 1 t Q. •o if oEnZ 4 O Project Ownersl Z c~>Nielson Ditlmgham3127 Jefferson StSan Diego, CA 92111(619)291 6330Sc6 CN oi s S S. Q CO 1 Water Piping15 £L S CJ=1 NIR Central Plant Ground Lessor12680 High Bluff Dr, Ste 200San Diego, CA 921 30(858) 350 4800S0 oBerryman & Heniger1 1 590 West BernardoSan Diego, CA(858)451 6100Sco 5 o Q 11 te Utilities1O E EO CJ -J an Diego Ballpark Hotel Compan>12680 High Bluff Dr Ste 101San Diego, CA 92130(858) 350 4800w Cvi0 9 1 0 5 o oo> 9>O COCO 1 C UJ OJ 1 0 1 1 *JMI Realty/JMI Central Plant GroLesser Manager, LLC/SD BallpEHotel Company, LLC12680 High Bluff Dr Ste 101San Diego CA 92130(858) 350 4800S *- SLaret EngineeringP O Box 9661incho Santa Fe CA 9:(858) 756 9374CDr± 9 § SCNm o "co" •c CJ ^S ssion Main1 S 5 Santa Fe Irrigation DistnctP 0 Box 409Rancho Santa Fe, CA 92068(858) 756 2424o <?„-Daniel Boyle Engineen7807 Convoy Ct #20!San Diego CA 9211(858) 268 80809CO M 5 w O 1 O o> o 1 . 1CC CO 5 £DMB Ladera LLCP 0 Box 9San Juan Caplstrano, CA 926E(949) 240 3363o ••- ,_ oKeith Companies73733 Fred Wanng CPalm Desert CA 926(760) 346 9844o CN O to"u_ C too CD(T 0) S ater Phase 13 "D E •S IT Starwood DevelopmetP 0 Box 2504Rancho Santa Fe CA 92067(858) 756 6300.. '-Hunsaker & AssociateThree HughesIrvine CA 92618(949)58310109 ins COs O c oS C<= ss sQ CO Jo.| CO CL ?8 1O 1D.P me Community Development Cor550 Newport Center DrNewport Beach CA 92658(949) 720 2447£ CN ?o^Daniel Boyle Engineer7807 Convoy Ct #20San Diego CA 9211(858) 268 8080S g fe« s 1 CO CDor OJ CO o f 0- CNg "g ^ E Starwood-Santa Fe Valley PartnP 0 Box 2504Rancho Santa Fe, CA 92067(858) 756 6300CO •- SuS o8 1 (ft 5 "o c Station 30Aalive| 1 TI> CO City of San Diego MWWD91 92 Topaz WaySan Diego, CA 92123(858) 292 6300,.,. •*" TisCC Meyers IncP O Box 2948ancho Cordova, CA 9(916)6359370DC 8ci CD O SCD" O o" « CO Li. COto .£ <§ 1S ulevard Gradeation|l £~ I 9 City of South San Francisco400 Grand AveSouth San Francisco, CA 940((650) 877 8500^ •^ •nSB&O3615KeamyVillaRiSan Diego, CA(858)5601141S CD CD °R % O w"o oi EB co 51 ii 0 -^TO Garden Communities7689PalmillaDr#1102San Diego CA 92122(858)4501484,_ •*~ ttutQ. •o0) !*E 0oo llL. E o - 1 £o < 1 IiI a. t] IR ZIQ.Project OwnerS= E~> 3Z Santa Fe Valley 3, LLC8872 Artesian RdSan Diego CA 92127(858)759 17749CO o r—ito 5 1CO CO 1tr ,_ re TB "0 or o> S ra £ 0™Crosby EstatReclaimed WiSanta Fe Valley 3 LLC8872 Artesian RdSan Diego CA 92127(858)7591774OJ ?Dudek Engmeenng605 Third StEncmitas CA 92024(760)9425147S If) IS * S •oj§ •c O to c 1 1 1? o 1 :ucadia County Water Dis'1960 La Costa AveCarlsbad CA 92009(760)7530155a) ? s-•norna County Waterr AgeiPO Box 11628Santa Rosa CA 95406(707) 526 5370oCO 9 S s V) 5 w riro 1 o (O Wohler Colg.>noma County Water AgePO Box 11628Santa Rosa, CA 95406(707) 526 5370CO 5 Montgomery Watson777 Campus CommonsSacramento, CA 95825(916)9248844o <N O§ (OenV) < * O T3 § 1 £ 1 JSs 8 11o ?2 learview Snohomi!o Alderwood Water Distnci3626 156thStNW.ynnwood City, WA 9803(425) 743 4605COS City of Sacramento1395-35thAveSacramento, CA 95822(916)264 1400o CO o r-" " O 3 taE CO I 1 [JL B5 Sump 31 DischECity of Sacramento1395-35thAveSacramento CA 95822(916)2641400m Baker-Williams6020 Rutland Dr #19Carmichael, CA(916)331 4336o CC Sr-i 5 O 3 1E2 CO 1CO "rofc3O CO 1 T3 The Forecast Group, LP1796 TnbuteRd #100Sacramento, CA 95815(916)9200200in Wilson Engineering703 Palomar Airport RdCarlsbad, CA 92009(760) 438 4422S <* S If) 5 §><u Q C CO 1 S is£ «*South San DiegSegments„we-Passco Development,801 North Park Center DiSanta Ana, CA 92705(760) 635 2946to ?)Wilson Engmeenng703 Palomar Airport RdCarlsbad, CA 92009(760) 438 44229CO 8 i 5 °CD Q c to I 0) if o c South San Diegalong Den„we-Passco Development801 North Park Center DiSanta Ana CA 92705(760) 635 2946SCO in City of Encmitas505 South Vulcan AveEncmitas CA 92024(760) 633 2600S SCO i S 5 S9 LU CO E oLJ_ jl icadia Drainage &ImproveiS City of Encmitas505 South Vulcan AveEncmitas, CA 92024(760) 633 26001 UCSD9500 Gilman DrLa Jolla, CA 92093(858)5342177oA S 0 0 g =•% 3 1 1e s 031 Dickinson St S>UCSD9500 Gilman DrLa Jolla CA 92093(858)5342177Civcom & Associates3665 Ruffin Rd #230San Diego CA 92123(858) 505 8809 S CO& 5 *v> > CD 6 S "c Q) ^r S«a0 «cUJ W 0 E S 0 /est Olympic Parkvof SDCWA PipZ o he Eastlake Company, LL900 Lane Ave #100Chula Vista CA 91914(619)421 0127i- In Project Engineer•o 1 * Is o t: £ ,ic oil E ContractAmount158 t o •o J "o » (0zse0.Project Owner1 "» oRBF Consulting4880 Santa Rosa Rd #17Canllo, CA 93092(805) 383 33739 1 g 1O 11.g i^ •Q) ^S c (/) ¥in < 1 -2 3 OJ •!i >3 ,- 0 », 2 Q_ jj?g> 0^ C eguas Municipal Water Distn21000lsenRdrhousand Oaks CA 91360(805)5797118iso in S H G Fenton Company7588 Metropolitan DrSan Diego, CA 92108(619)4000129o Cvj $1,135,4505 01 6 a10 | oO 1 0 CD 0) 5 >,H »5 •£ "Im o « =o §•• 85 « e £ O1°Kl H G Fenton Company7588 Metropolitan DrSan Diego, CA 92108(619)4000129COCD CM HDR271 Turnpike DrFolsom CA 95630(916)351 38009 $287,428g «> 1 1 ^ CL I 1 K c 1 £ 5 los g DI 'c5 .2I 0- c E O El Dorado Imgation Distnct2890 Mosquito RdPlacerville CA 95667(530)6224513CD CM City of San Diego10102nd Ave Ste 1200San Diego CA 92101(619)2365555S $583 622$ o> a egCO a>50> c.s~ a I n* Ss a. 3 1 CO City of San Diego1010 2nd Ave Ste 1200San Diego CA 92101(619)2365555CMinCM Wilson Engmeenng703 Palomar Airport RdCarlsbad CA 92009(760) 438 4422COS $438 700g 1raO 1CO 1 o woO CO "c Estate Collateral Managemec/o Morrow Development1903 WngntPI#180Carlsbad, CA 92008(760) 929 2701"ro a: CM IsIIik Coluccio Construction Cc30 Martin Luther King WaySeattle WA 98118(206)7250212eiLi. 9 § 1 .c I 1 CO 1£ 0 0 i oO g5 weO Sa:.c E 1 1 1 fj Alderwood Water Distnct3626 156th StNW.ynnwood City, WA 98037(425) 743 4605co S City of Bakersfield1501 Truxton AveBakersfielld CA 93301(661)3263724ro9 $3,339 244g 1 1 CD § | CO "g? 3 1 o E ¥"c cLJ.•s 11CCL City of Bakersfield1501 Truxton AveBakersfield, CA 93301(661)3263724°City of Bakersfield1501 Truxton AveBakersfielld CA 93301(661)3263724S so S o 2 1i £ 1 QJ 8 | ° COO -°. O City of Bakersfield1501 Truxton AveBakersfielld, CA 93301(661)3263724CO 8 s $2 351 ,980g T3 .a COO 1 " EIi-0) 1 » "c " *~ s 5 <s 1 ucadia County Water Distnct1960 La Costa AveCarlsbad CA 92009(760)75301553 g >. 0Boyle Engmeenng Compa1501 Quail StNewport Beach, CA 9266(949) 476 3546S $799 700g T3 1 O <DCIDQ. 0. 'cI tc c1 0_ c f1— >-Diego County Water Authonl4677 Overland AveSan Diego, CA 92123(619)5226600c " s City of Carlsbad1635 Faraday AveCarlsbad CA 92008(760)931 2105S ID $680 0005 1o £ 1 5 | CO ^ CO0 City of Carlsbad1635 Faraday AveCarlsbad CA 92008(760)9312105cS Project Engineeri* oo r s __ c £ E <ContractAmountco o_J 01I •oli Project NameProject Owner?!""*URSiO Lead Hill Blvd #100loseville, CA 95661(916)7843900? COo ci $2 200 000oiz J_o ^ o> I1 er Force Mam Replacemeject North of Imola Avenuin Support of Maxwell Bn(Replacement Projectto °~ "City of NapaP 0 Box 660Napa CA 94559(707) 257 9503iCO County of Ventura10 South Victona Ave/entura, CA 93009(805) 654 2903CO 9N- O> CD 5 S ECDO SO to nta Clara Dram - Unit IID ios Angeles Drain - Unit 1CO Ventura County WatershedProtection Distnct800 South Victoria AveVentura CA 93009(805) 654 3984COo CO 1 $2,076,218O "c12 (0 CD 5 CO 0 £ O den Fall Structure Bypass"*County of Sacramento827 7th St Rm 304Sacramento, CA 95814(916)8746581B s CN S 0 co"$3,725,3955 •2 ECD COto •5 c| J c CD S i <2 t- 5 I 1 C R Fednck320 Deer Island LnNavato, CA 94945(415)8920848|$866,513o ~ > •5 o ^ I 125 South Gap Connectco;to Otay River Constructors880 Kuhn DrChula Vista, CA 91914(619)591 42001"$724,100O <u 1CO_l ^ 1 loreno Lakeside Pipeline^rcher Western Contractors, li8775 Aero Dr, Ste 335San Diego, CA 92123(858)5731868So City of EncmitasJ5 South Vulcan Ave;ncmitas CA 92024(760) 633 2600U) SiA o COin 5 V) ciUJ c CD Q i CO i:an Dram Emergency Repiu City of Encmitas505 South Vulcan AveEncmitas, CA 92024(760) 633 2600§o igo County Water Authonty4677 Overland Avean Diego, CA 92123(858) 522 6850s wto suS $280,000S Oi?Q ato w ergency Pipe EncasemenE LLJ ^n Diego County Water Autho4677 Overland AveSan Diego, CA 92123(858) 522 6850CO moO 8uS 9 o CDI-. S $1,1263005 o 0 CO Ol 1§1 e ^ a>a •nto Valley Pump Station *eoCO y City of San Diego600 B Street, Suite 800San Diego CA 92101tact Scott Fox (HPS Mechar619-237-7222B §•"3-$355 260s OJLL f to COtt 0)1 RSF CIP ProjectsSanta Fe Imgation DistrictP O Box 409Rancho Santa Fe, CA 9206;(858) 756 2424S " 035cUJffloQ. •o afiE aoo 11 1 0iT E *Ic | 0 < § S° •G 1a. i!£Proiect NameProject Owner«i~> 3Z < CJ SS3> f6 S 5f LLI The Eastlake Company, LLCS <o 3CA>_m 6 Eastlake T/MThe Eastlate Company LLC£Maranantha WayHarper Constructionro <O1 Qc CO Old Course RoadOnon Constructions 5 oLL "c CO1 ra if Rancho Santa CIP Projon La Sencilla & La Glorancho Santa Fe Water DistrictOL g •3- <OI1 c EQ- 1UJ i Kiewit Industna!8215MelroseDrLenexa, KS<N E Beach Road Lift StaticSouth Coast Water Distnct1^T |||,m " - 5c 1 ro g1§ £ 0) f°§8<3~r-. r-s« 5 1 roQ. C *° •= ^ 1*'auma Casino Water Reels(ant Reservation Road and"- o.auma Band of Mission IndiansPO Box 369Pauma Valley, CA 92061Q_ O 5 75T3E §. 1 Elizabeth Lake Trunk SeEmpire Land, LLC00 X <u Jj s I1 al Vista Water Mam RehatKiewit Western Companym COTl- 5T3io 1 o leguas Municipal Water Distnct2100OlsenRdThousand Oaks, CA 91360(805)5797118S 8 i i Diego County Water AuthontyCDCO o CO"d- 0)cgLU•s«>oQ. 1 » ^ Is _ "cJl •JJ •; S g o E0< | ^01CL Worknvolvedject Name£Q.Project Owner*s °l = §t?o E g"5 O) Ol CDo | o i5J H £ enCO *~ QJ * 1r--g to O fl> -c 1 c CD w o5 S * ECM W E1- c .j and Dover Dr"ransmission Mair to West Cliff DiSI a< aj o £> <$£ "c ~ CN CO CO City of Newport Beach3300 Newport Blvdlewport Beach CA 9266Contact Mike Sinacon949-644-3342z o -1D- u oS?a CO 1gCQcCOI a I C. 'o CO c 1 CO SCO 5!>< 1 Q_ 1 1 1 ;r Mam RehabilrtJI > > Q. O o 1 e O- 3 0 5 1 CO 00 CO OsCO SDG&EeCO 9 mo C£) m os inr~-oin £~ o ^ 1 CO "55 2 Force Mamcro tunnelIs % £r Q-:ramento Regional CourSanitation Distnct700 H StreetSacramento, CA 9581 4Bill Welman (Las Vegas702-251-5800*" S oO ,_ 1 Sd) 9 p-~ 1i 5 S S 1 CO _ c;cs 8? S" 1>, 0 :ramento Regional CourSanitation Distnct700 H StreetSacramento CA 95814andy Buckman (Mountau916-617-28415 K t3S <§ CN 1 9 in 9CO 6 i of O-j E0) c* 1 I s „cmto Sewer Pro)1 ^z 1 n :em Municipal Water Dis2270 Trumble RaodPerns, CA 92572ontact Jim Wyatt EMWI951-928-3777& ° ^ 1 S6 i og i oooi CO O B£ CD 1 f 3 Q f 1 1CD0- c D •? O ;ramento Regional CourSanitation Distnct700 H StreetSacramento CA 95814act Kevan Samsam SR916-875-9505CO 0o in i O°cug* 3 < CMzi to o gIg'lScS^gtpS V ^ ^m O I Q. O cCO c CO f 1s * = 1 S Q; i iO Q."- £ Is go CD 5"a Oz 1 ita Marganta Water Dists ss o- E 10- CD CD ^ 2Q c CC 1~ in1 0 ,_c< SUs™ 1 «•- ~* 2D) o ^ 9 (D9 CO01oto gog s s sii I1 0c Ie 2 1 I 1s- foiE ^ £cho California Water Dis421 35 Winchester RdTemecula, CA 92590I OS 9 <D z § ^s o 1 ^X1 c?•5ccs S E13 11 1°" >1 s ;les County Dept of Put900 S Fremont AveAlhambra, CA 91 803itact AN Zaheh (LACDP626-297-0114f s v> o i ccLU0a.S0. I* O II 15 3c oiZ E TJ V if 0< 0 re 0 1 £ ^ 01n §z £0 Project Owner-1o E~5 3•z. S I S COtfl goos O o•e 1«jCO g I 1 E1 LJ I sS Q f Sacramento Dept of U'1395 35th AveSacramento CA 95822tact Warren Peterson (S916-808-1910I 3O os eD_ 9 OCM CO to" O f* CD C2 "c X f c1e I 1 « s to (D < e S CO City of Huntington Beach2000 Main Streetjntmgton Beach, CA 926^Contact Joe Date (CHB)714-536-5915X LO § 4£L 9 cos to u s 1u] 3 g. I 1 1ra I c £s s3 Q i 3 Valley Municipal Water31315ChaneyStLake Elsmore, CA 92531act Greg Kowalski (EVM'951 -674-31 46 ext 83491 I UJ §S BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) LAKE CALAVERA REMEDIAL IMPROVEMENTS CONTRACT NO. 3821-1 As a required part of the Bidder's proposal the Bidder must attach either of the following to this page 1) Certificates of insurance showing conformance with the requirements herein for each of D Comprehensive General Liability D Automobile Liability D Workers Compensation D Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must. 1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance company that the Contractor proposes 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled Revised 7/17/06 Contract No 3821-1 Page 26 of 120 Pages ACORD CERTIFICATE OF LIABILITY INSURANCE ^gSfiF PRODUCER The Wooditch Company Insurance ^Services , Inc . m Park Plaza, Suite 400 Krvine CA 92614 Phone : 949-553-9800 Fax : 949-553-0670 IMKIJBFTl Vadnais Corporation2130 La Mirada Dr.Vista CA 92081 DATE(MM/DD/YYYY) 04/13/07 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A. Old Rapubla-c Construction Grp INSURER B INSURER C INSURER D INSURER E NAIC# JZ^/3? COVERAGES ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS BMSKLTR A »A 1- A NSRD TYPE OF MSURANCE X X GENERAL LIABILITY X^COMMERCIAL GENERAL LIABILITY 1 CLAIMS MADE | X | OCCUR GEN'L AGGREGATE LIMIT APPLIES PER ~~| POLICY |jT| J^CT PUCK: AUTOMOBILE LIABILITY X ANY AUTO ALL OWNtD AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS OARAGE LIABILITY ANY AUTO EXCESS/UMBRELLA LIABILITY | OCCUR | | CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? K yes, describe under SPECIAL PROVISIONS bolow OTHER POLICY NUMBER A1CG36530700 A1CA36530700 A1CW36E30700 POLICY EFFECTIVEDATE(MMSDDfYY) 02/01/07 02/01/07 02/01/07 WifiKswr 02/01/08 02/01/08 02/01/08 LIMITS EACH OCCURRENCE UAivift^b (0 Ktra i tu PREMISES (Ea occurence) MED EXP (Any one person) PERSONAL £ ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMITfEa accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE(Par accident) AUTO ONLY - EA ACCIDENT OTHER THAN EAACC AUTO ONLY AGG EACH OCCURRENCE AGGREGATE v YYCSTATU- 1 OTH- X TORY LIMITS I ER E L EACH ACCIDENT E L DISEASE - EA EMPLOYEE E L DISEASE - POLICY LIMIT $1,000,000 $100,000 $5,000 $1,000,000 s2, 000, 000 $2,000,000 $1,000,000 $ $ $ $ $ $ $ $ $ $ $ il, 000, 000 si, 000, 000 $1,000,000 *Except 10 days notice of cancellation for non-Payment of premium RE: City of Carlsbad Project #PHS07-12ENG, Lake Calavera Remedial Improvements. The City of Carlsbad, its officials, employees and volunteers are included as Additional Insureds as respects General Liability and Auto Liability per attached endorsement. ** See Notes ** glaipwv/auaiwv/wcwv CERTIFICATE HOLDER CANCELLATION CAHLS01 1 City of Carlsbad ' 1635 Farabay Avenue Carlsbad CA 92008-7314 SHOULD ANY Q<= THE ABOVE DESCMBED POLICIES BE CANCELLED BEFOP.E THE EX»IRATIOH D»TE THEREOF TH E ISSUING HSURER WE.L ENDEAVOR TO "AIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KMD UPON THE INSURER, ITS AGENTS OR HEPRESENTATWES. AUTHgRBanfePRESJNJAJJVE^u&t^ — -ACORD 25 (2001/08)©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the pohcy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing msurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon ACORD 25 (2001/06) 1 This Insurance shall apply as Primary and Hon-Contributoryper endorsement. attached feiver of Subrogation for General Liability, Auto Liability and Workers' Compensation: See Attached Endorsements. *THIS VOIDS AND SUPERSEDES PREVIOUS CERTIFICATE DATED 04/11/2007* COMMERCIAL GENERAL LIABILITY POLICY NUMBER: A1CG365307GQ INSURED: Vadnais Corporation THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS (FORM B) The endorsement modifies insurance provided under the following- COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: The City of Carlsbad, its officials, employees and volunteers. Re: City of Carlsbad Project #PWS07-12ENG, Lake Calavera Remedial Improvements. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only as respect to liability arising out of "your work" for that insured by or for you CG 2010 11 85 Copyright, Insurance Services Office, Inc., 1984 OLD REPUBLIC GENERAL INSURANCE CORPORATION CHANGES ADDITIONAL INSURED PRIMARY WORDING SCHEDULE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PRO VIDEO UNDER THE FOLLOWING; COMMERCIAL GENERAL LIABILITY COVERAGE FORM Name of Additional Insured Person(s) Or Organization(s): The City of Carlsbad, its officials, employees and volunteers. Location(s) of Covered Operations: City of Carlsbad Project #PWS07-12ENG, Lake Calavera Remedial Improvements. As required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other insurance of a like kind available to the person or organization shown in the schedule above unless the other insurance is provided by a contractor other than the person or organization shown in the schedule above for the same operation and job location. If so, we will share with that other insurance by the method described in paragraph 4.c of Section IV — Commercial General Liability Conditions All other terms and conditions remain unchanged. Named Insured Policy Number Policy Period: Producer's Name Producer Number: Vadnais Corporation A1CG36530700 02/01/07-02/01/08 Endorsement No. Endorsement Effective Date' AUTHORIZED REPRESENTATIVE Am/2007 DATE CG EN GN OD2S 09 06 NAMED INSURED: Vadnais Corporation POLICY NO: A1CG36530700 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: The City of Carlsbad, its officials, employees and volunteers. RE:City of Carlsbad Project #PWS07-12ENG, Lake Calavera Remedial Improvements. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc, 1992 POLICY NUMBER: A1CA36530700 COMMERCIAL AUTO CA20011001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY LESSOR — ADDITIONAL INSURED AND LOSS PAYEE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 02/01/07 Named Insured: Vadnais Corporation Countersigned By: (Authorized Representative) SCHEDULE Insurance Company: Old Republic Construction Group Policy Number A1CA36530700 Effective Date 02/01/07 Expiration Date' 02/01/08 Named Insured Address. 9164 Rehco Road, San Diego, CA 92121 Additional Insured (Lessor) WHERE REQUIRED BY WRITTEN CONTRACT Designation or Description of "Leased Autos" ON FILE WITH COMPANY Coverages Liability Personal Injury Protection (or equivalent no-fault coverage) Comprehensive Collision Specified Causes of Loss Limit of Insurance $1,000,000 Each "Accident" $ ACTUAL CASH VALUE OR COST OF REPAIR WHICHEVER MINUS. For Each Covered "Leased Auto" ACTUAL CASH VALUE OR COST OF REPAIR WHICHEVER MINUS: For Each Covered "Leased Auto" ACTUAL CASH VALUE OR COST OF REPAIR WHICHEVER MINUS' For Each Covered "Leased Auto" IS LESS, IS LESS, IS LESS, (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) CA 20 0110 01 © ISO Properties, Inc, 2000 OLD REPUBLIC GENERAL INSURANCE CORPORATION WAIVER OF OUR RSGHTTO RECOVER FROM OTHERS ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: WORKERS' COMPENSATION AND EMPLOYERS! LIABILITY INSURANCE We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule WHEN REQUIRED BY WRITTEN CONTRACT The premium charge for this endorsement is $0.00 Named Insured Policy Number Policy Period Producer's Name: Producer Number Vadnais Corporation A1CW36530700 02/01/07-02/01/08 Endorsement No Endorsement Effective Date AUTHORIZED REPRESENTATIVE 4/11/2007 DATE A. Coverage C. Cancellation 1. Any "leased auto" designated or described m the Schedule will be considered a covered "auto" you own and not a covered "auto" you hire or borrow. For a covered "auto" that is a "leased auto" Who Is An Insured is changed to include as an "insured" the lessor named in the Schedule 2. The coverages provided under this endorsement apply to any leased auto" described in the Schedule until the expiration date shown in the Schedule, or when the lessor or his or her agent takes possession of the "leased auto", whichever occurs first. B. Loss Payable Clause 1. We will pay, as interest may appear, you and the lessor named in this endorsement for "loss" to a "leased auto". 2. The insurance covers the interest of the lessor unless the "loss" results from fraudulent acts or omissions on your part. 3. If we make any payment to the lessor, we wiii obtain his or her rights against any other party. 1. If we cancel the policy, we will mail notice to the lessor in accordance with the Cancellation Common Policy Condition. 2. If you cancel the policy, we will mail notice to the lessor 3. Cancellation ends this agreement. D. The lessor is not liable for payment of your premiums. E. Additional Definition As used in this endorsement: "Leased auto" means an "auto" leased or rented to you, including any substitute, replacement or extra "auto" needed to meet seasonal or other needs, under a leasing or rental agreement that requires you to provide direct primary insurance for the lessor. Page 2 of 2 © ISO Properties, Inc., 2000 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) LAKE CALAVERA REMEDIAL IMPROVEMENTS CONTRACT NO. 3821-1 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 was/were the name(s) of the agency(ies) and what was/were the penod(s) of debarment(s)9 Attach additional copies of this page to accommodate more than two debarments party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR v Vadnais^eorporation 'ntractor' Paul_J-. Vadnais. President (print name/title) Page_l of.pages of this Re Debarment form Revised 7/17/06 Contract No 3821-1 Page 27 of 120 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) LAKE CALAVERA REMEDIAL IMPROVEMENTS CONTRACT NO. 3821-1 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P O Box 26000, Sacramento, California 95826 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? X yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? X yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? X yes no 5) If the answer to either of 1. or 3 above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore. (If needed attach additional sheets to provide full disclosure ) Page 2 of 3 pages of this Disclosure of Discipline form Revised 7/17/06 Contract No 3821-1 Page 28 of 120 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) LAKE CALAVERA REMEDIAL IMPROVEMENTS CONTRACT NO. 3821-1 6) If the answer to either of 2 or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed N/A (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR- \ -V-adnaJ.s> Corporation jn here) // *•- <i— (/ n's, President (print name/title) Page 3 of 3 pages of this Disclosure of Discipline form Revised 7/17/06 Contract No 3821-1 Page 29 of 120 Pages NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 LAKE CALAVERA REMEDIAL IMPROVEMENTS CONTRACT NO. 3821-1 State of California ) ) ss County of San Diego ) Paul J. Vadnais being first du!y sworn dep0ses (Name of Bidder) and says that he or she is President (Title) of Vadnais Corporation (Name of Firm) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation, that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract, that all statements contained in the bid are true, and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid I declare under penalty of perjury that the foregoing is true and correct and that this affidavit was executed on the 27th day of February , 20 07 . Signature of Bide ~' ^ :f -j - *«-v 3 :^Subscribed and sworn to before me on the day of , 20_ (NOTARY SEAL) Signature of Notary Revised 7/17/06 Contract No 3821-1 Page 30 of 120 Pages CALIFORNIA. ALL-PURPOSE ACKNOWLEDGMENT State of California county of San Diego ss On 2/27/07 Date personally appeared _ before me, Adrienne C. Strand, Notary Public Name and Title of Officer (e g , "Jane Doe, Notary Public") Paul J. Vadnais ADRIENNE C, STRAND COMM. #1475955 NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTYMy Commission Expires MARCH 11, 2008 Name(s) of Signer(s) S personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESJB my hand and official seal signature of Notary Public Adrienne C. Strand, Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer Signer's Name D Individual D Corporate Officer — Title(s) D Partner - D Limited D General D Attorney-in-Fact n Trustee D Guardian or Conservator D Other RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing. D1999 National Notary Association 9350 De Solo Ave POBox2402 Chatsworth, CA 91313 2402 • wwwnationalnotaryorg Prod No 5907 Reorder Call Toll Free 1-600 876 6827 CONTRACT PUBLIC WORKS This agreement is made this /^^ day of LX/Q a^^ .^9 by and between the Carlsbad Municipal Water District of Carlsbad, California, a municipal corporation, (hereinafter called "District"), and VADNAIS CORPORATION whose principal place of business is 9164 REHCO ROAD SAN DIEGO CA 92121 (hereinafter called "Contractor") District and Contractor agree as follows 1. Description of Work. Contractor shall perform all work specified in the Contract documents for LAKE CALAVERA REMEDIAL IMPROVEMENTS CONTRACT NO. 3821-1 (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, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and Supplemental Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project, all of which are incorporated herein by this reference Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents In all instances through the life of the Contract, the District will be the interpreter of the intent of the Contract Documents, and the District'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, District shall make payment to the Contractor section 9-3 PAYMENT of the General Provisions section of this contract The Engineer will close the estimate of work completed for progress payments on the last working day of each month The District shall withhold retention as required by Public Contract Code Section 9203 Revised 7/17/06 Contract No 3821-1 Page 31 of 120 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 District about underground conditions or other job conditions is for Contractor's convenience only, and District 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 District 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 District, in writing, of any A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract District 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 District 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 Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages Contractor shall post copies of all applicable prevailing wages on the job site CRevised 7/17/06 Contract No 3821-1 Page 32 of 120 Pages 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the District, 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 District 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 District against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the District. Defense costs include the cost of separate counsel for District, if District requests separate counsel Contractor shall also defend and indemnify the District 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 District Defense costs include the cost of separate counsel for District, if District requests separate counsel 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors Said insurance shall meet the District's policy for insurance as stated in City Council Policy #70 (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein a Commercial General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the District or its agents, officers or employees are additional insured b Business Automobile Liability Insurance $1,000,000 combined single limit per accident for bodily injury and property damage In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled c Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the District (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions a The District, 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 District, 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 A•K Revised 7/17/06 Contract No 3821-1 Page 33 of 120 Pages b The Contractor's insurance coverage shall be primary insurance as respects the District, its officials, employees and volunteers Any insurance or self-insurance maintained by the District, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it c Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the District, its officials, employees or volunteers d Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability (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 ten (10) days' prior written notice has been sent to the District 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 District At the option of the District, either the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the District, 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 District or any of its officials or employees (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor Coverages for subcontractors shall be subject to all of the requirements stated herein (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A- VII Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy #70. (H) Verification Of Coverage. Contractor shall furnish the District 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 District and are to be received and approved by the District before the Contract is executed by the District (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1 5 (commencing with section 20104) which are incorporated by reference A copy of Article 1.5 is included in the Supplemental Provisions I section The contractor shall initially submit all claims over $375,000 to the District 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 Revised 7/1 7/06 Contract No 3821-1 Page 34 of 120 Pages (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the District 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 District, 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 Carlsbad Municipal Water District 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 Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is Saq[ Diego- County, California have read and understand all provisions of Section 11 above..>y< init'^ 12. Maintenance of Records. Contractor shall maintain and make availableat no costxxthe District, 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 District by certified letter accompanying the return of this Contract Contractor shall notify the District by certified mail of any change of address of such records 13. Labor Code Provisions. The provisions of Part 7, Chapter 1 , commencing with section 1720 of the Labor Code are incorporated herein by reference 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the District to secure performance of this contract for any obligation established by this contract Any other security that is mutually agreed to by the Contractor and the District may be substituted for monies withheld to ensure performance under this Contract omW Revised 7/17/06 Contract No 3821-1 Page 35 of 120 Pages 15. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U S C Sec 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties 16. 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 17. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR " *t* "* Vadnals'Co^aoration raetor> Paul /jXi here) President (prml nabpne and title) MUNKZI rporatioj/of STICT, a California (J Secretary 1 - (sign here) Jeff Anderson, Vice President and Secretary (print name and title) President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation APPROVED AS TO FORM RONALD R BALL / City Attorney By DepuTy City Attorney u^ Revised 7/17/06 Contract No 3821-1 Page 36 of 120 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego ss On 4/13/07 Date personally appeared _ before me, Adrienne C. Strand, Notary Public v Name and Title of Officer (e g "Jane Doe, Notary Public1) Paul J. Vadnais ADRIENNE C, STRAND | COMM. #1475955 A NOTARY PUBLIC-CALIFORNIA « , SAN DIEGO COUNTY O My Commission Expires . MARCH 11, 2008 I Name(s) of Signer(s) & personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are , subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand ailand andofficia$sealrill. Signature oTTioTary^Public Adrienne C. Strand, Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date . Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer Signer's Name D Individual D Corporate Officer — Title(s) D Partner — D Limited D General D Attorney-m-Fact D Trustee D Guardian or Conservator D Other RIGHT THUMBPRINT; OF SIGNER I Top of thumb here Signer Is Representing D1999 National Notary Association 9350 De Solo Ave POBox2402 Chatsworth, CA 91313 2402 wwwnationalnotaryorg Prod No 5907 Reorder Call Toll Free 1 800 876 6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San D1e9° ss on 4/13/07 Date personally appeared _ . before me, Adrienne C. Strand, Notary Public . Name and Title of Officer (e g , "Jane Doe Notary Public1) Jeff Anderson ADRIENNE C. STRANDS COMM. #1475955 o NOTARY PUBLIC-CALIFORNIA W SAN DIEGO COUNTY Q My Commission Expires "T MARCH 11. 2008 | Name(s) of Signer(s) B personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument i i vi wi i\_ic.\ Signature of Notary Public Adrienne C. Strand, Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date . Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer Signer's Name D Individual D Corporate Officer - Title(s) D Partner — D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing. D 1999 National Notary Association 9350 De Soto Ave , PO Box 2402 Chalsworth, CA91313 2402 www nationalnotary org Prod No 5907 Reorder Call Toll Free 1 800 876 6827 Bond No. 4356636 Premium: Included in cost of LABOR AND MATERIALS BOND Performance bond Board of Directors of the Carlsbad Municipal Water District located in Carlsbad, California, by Resolution No.1293. adopted March 20, 2007, has awarded VADNAIS CORPORATION (hereinafter designated as the "Principal"), a Contract for: LAKE CALAVERA REMEDIAL IMPROVEMENTS CONTRACT NO. 3821-1 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 VADNAIS CORPORATION as Principal, (hereinafter designated as the "Contractor"), and SureTec Insurance Company as Surety, are held firmly bound unto the Carlsbad Municipal Water District in the sum of Four Million One Hundred Fifty Thousand One Hundred Seventy Dollars ($4,150,170.00), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the Carlsbad Municipal Water District, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 3181, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 3248. This bond shall inure to the benefit of any of the persons named in California Civil Code section 3181, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder 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. oRevised 7/17/06 Contract No. 3821-1 Page 37 of 120 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 13thExecuted by CONTRACTOR this . day of April _ , 2007 CONTRACTOR. Vadna'rs, Corjy ration _ (name of GOJ _____________ ;•- -///(sign here) Paul J. Vadnais _ (print name here) Executed by SURETY this 9th day of April 20 07 SURETY SureTec Insurance Company (name of Surety) 3033 5th Avenue, Suite 300 San Diego, CA 92103 (address of Surety) 252-4400 d organization of signatory) (te ep/one number pf Surety) By\ t - (sign here) Jeffi Anderson (sigTiature of Attomey-in-Fact) Japina Monroe annted name of Attorney-m-Fact) (attach corporate resolution showing current power of attorney)•^' ^-"(prmt name here) -Vice-President and Secretary (title and organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation ) y -' r , j. ~ 4, L '''^ APPROVED AS TO FORM. f^f~~ ' A '-- ^ RONALD R BALL General Counsel Deputy General Counsel YXv Revised 7/17/06 Contract No. 3821-1 Page 38 of 120 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California county of San Diego ss On 4/13/07 Date personally appeared _ before me, Adrienne C. Strand, Notary Public Name and Title of Officer (e g "Jane Doe, Notary Public") Paul J. Vadnais n£ rv,DIE9° COUNTY O M A ^SSIOn ExP'res ?MARCH 11, 2008 Name(s) of Signer(s) S personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are - subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument j_ Signature of Notary Public Adrienne C. Strand, Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date . Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer Signer's Name D Individual D Corporate Officer - Title(s) D Partner — D Limited D General D Attorney-m-Fact D Trustee D Guardian or Conservator D Other RIGHT THUMBPRINTOF SIGNER Top of thumb here Signer Is Representing. D 1999 National Notary Association 9350 De Soto Ave PO Box 2402 Chatsworth CA913132402 www nationalnotary org Prod No 5907 Reorder Call Toll Free 1 800 876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California San Diego ss County of on 4/13/07 Dale personally appeared _ before me, Adrienne C. Strand, Notary Public . Name and Title of Oflicer (e g , "Jane Doe, Nolary Public") Jeff Anderson AUKIENNE C. STRAND tCOMM. #1475955 « NOTARY PUBLIC-CALIFORNIA 8 SAN DIEGO COUNTY OMY. Commission Expires •* MARCH 11, 2008 Name(s) of Signef(s) Kl personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and off/dal seal I' ( CDL Signatured Nolary PuBlic" Adrienne C. Strand, Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date . Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer Signer's Name D Individual D Corporate Officer — Title(s) D Partner — D Limited D General D Attorney-m-Fact D Trustee D Guardian or Conservator D Other . RIGHT THUMBPRIN1 OF SIGNER Top of thumb here Signer Is Representing. D 1999 National Notary Association 9350 De Soto Ave , P O Box 2402 Chatsworth CA913132402 www nationalnotary org Prod No 5907 Reorder Call Toll Free 1-800 876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Vi X1 State of California v! County of Orange B fli On APR - ^ 200' before me. \[ personally appeared Janina Monroe \| S personally known to me - OR - D proved to m« ! v i j| PARIS SHAHABl P* V /^SfSzj-Ssik Commission # 1572409 | M Notary Public - California f V 1 \teft(Sy Orange County | ji I x*'sliSB*x MyComm. Expires Apr 24, 2009jf V r>p 1 Paris Shahabi/ Notary Public , « Name and Title of Officer (e g . "Jane Doe Notary Public") I J • isNames) of Signerfs) | ^ 3 on the basis of satisfactory evidence to be the person(s) ^ whose name(s) is/are subscribed to the within Instrument |J and acknowledged to me that he/she/they executed the ij same in his/her/their authorized capacity(ies), and that by y his/her/their signature(s) on the instrument the person(s), ]J or the entity upon behalf of which the person(s) acted, n executed the instrument \\ WITNESS my hand and official seaL y Signature of Notary Public ' ^ t\ Tif\ A 1 A i 1 ' ^ Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent j ^ « fraudulent removal and reattachment of this form to another document. i \ 8 Description of Attached Document ]! u Title or Type of Document: { IN Document Date. « Siqner(s) Other Than Named Above: v Capacity(ies) Claimed by Signer(s) 8 Siqner's Name y! D Individual V D Corporate Officer 'Si DTitle(s): y|! D Partner — D Limited D General V H Attorney-m-Fact v D Trustee ij! D Guardian or Conservator litffffllim iV1! D Other: Top of thumb here S Signer Is Representing: V (v&2&&&£>£>&£}£}£>f}£>:&:p^^ §Number of Paaes SJ 1 r Sianer's Name S D Individual j1 D Corporate Officer ] D Title(s): ij D Partner — D Limited D General j1 D Attorney-m-Fact ] D Trustee _________ '! D Guardian or Conservator liiiiTli'l'T'llliiri iV D Other" Top of thumb here V, I Signer Is Representing: jii ', i BD-1133 9/97 POA#:510027 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Janma Monroe of Irvine, CA its true and lawful Attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000 00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the coiporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-m-Fact may do in the premises. Said appointment shall continue in force until 10/31/08 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company. Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, ar.y Secretary or any Assistant Secretary shall be and is hereby vested with full power and authotity to appoint any one or more suitable persons as Attorney(s)-m-Fact to represent and act for and on behalf of the Company subject to the following provisions: Atlorney-m-Fact may be given full powei and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Atlorney-m-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate telating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20* of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D 2005. rSURETEC DURANCE COMPANY m^¥^mState of Texas County of Harris On this 20th day ot June, A D 2005 before me personally came B J King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument: that he knows the seal of said Company, that the seal affixed to said instrument is such corporate seal, that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. Michelle Denny Notary Public State of Texca My Commission ExpSes August 27,2008 Michelle Denny, Notary Pi My commission expires August 27, 2008 I, M Brent Beaty, Assistant Secretary of SUREFEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company; which is still in full force and effect, and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full foice and effect.• r*.";;J^Given under my hand and the seal of saidllCDi^Viariv at H/sn«f>,.at Ifousitiin, Texas this ~"*"^ " -9 2007A .20,,AD. Brent Beafr, Assistant Secretary -Any instrument issued in excess of the pen&ly statedjjbo/e is totally void and without any validity. For verification of the authority of this povfej^you may^cf II {713} £12-0800 any business day between 8:00 am and 5 00 pm CST. Bond No. 4356636 Premium: $35,986.00 FAITHFUL PERFORMANCE/WARRANTY BOND Board of Directors of the Carlsbad Municipal Water District located in Carlsbad, California, by Resolution No. 1293. adopted March 20, 2007, has awarded VADNAIS CORPORATION (hereinafter designated as the "Principal"), a Contract for: LAKE CALAVERA REMEDIAL IMPROVEMENTS CONTRACT NO. 3821-1 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, VADNAIS CORPORATION , as Principal, (hereinafter designated as the "Contractor"), and SureTec Insurance Company as Surety, are held firmly bound unto the Carlsbad Municipal Water District in the sum of Four Million One Hundred Fifty Thousand One Hundred Seventy Dollars ($4,150,170.00), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the Carlsbad Municipal Water District, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep an<J 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 Carlsbad Municipal Water District, 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 District 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 there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. oRevised 7/17/06 Contract No. 3821 -1 Page 39 of 120 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 13th day of April ,20 07. CONTRACTOR Vadnais Corporation (nameof Contractor) "By:/, (slgnhere) Pavul J. Vadnais (print name here) President anization of Signatory) --(sign here) Jeff Anderson (print name here) Vice President and Secretary (Title and Organization of signatory) Executed by SURETY this 9th day of April .2007 SURETY- SureTec Insurance Company (name of Surety) 3033 5th Avenue, Suite 300 San Diego, CA 92103 (address of Surety) 252-4400 (telephone number of Surety) (signature of Aftorney-in-Fact) Janina Monroe ^-{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 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 ) c- ''' ) APPROVED AS TO FORM: \"~'" "*:"''^ RONALD R. BALL General Counsel Deputy General Counsel Revised 7/17/06 Contract No 3821-1 Page 40 of 120 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego ss On 4/13/07 before me, Adrienne C. Strand, Notary Public Name and Title of Officer (e g "Jane Doe, Notary Public ) personally appeared Paul J. Vadnais ADRlENNEC: STRAND CCOMM. #1475955 £ NOTARY PUBLIC-CALIFORNIA « SAN DIEGO COUNTY O My Commission Expires tr MARCH 11, 2008 I Name(s) of Signer(s) & personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument WIThfcSS my hand and/official sealiv- . /~ \~\ ]C .MA j Signature of Notary Public ^-"^ Adrienne C. Strand, Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document . Document Date . Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer Signer's Name D Individual D Corporate Officer — Title(s) D Partner — D Limited D General D Attorney-m-Fact D Trustee D Guardian or Conservator D Other RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing. D 1999 National Notary Association 9350 De Soto Ave , PO Box 2402 Chatsworth, CA91313 2402 www nationalnotary org Prorj No 5907 Reorder Call Toll Free 1 800 876 6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMEKT State of California San Diego ss County of On 4/13/07 Date personally appeared _ . before me, AdHenne C. Strand, Notary Public . Name and Title of Otlicer (e g , "Jane Doe, Notary Public") Jeff Anderson ADRENNEC.STRANOCOMM. #1475955 A NOTARY PUBLIC-CALIFORNIA « SAN DIEGO COUNTY OMy Commission Expires MARCH 11, 2008 I Name(s) of Signer(s) GO personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument SigRature of Notary Public Adrienne C. Strand, Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date . Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer Signer's Name D Individual D Corporate Officer — Title(s) D Partner — D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing. Reorder Call Toll Free 1 800 876 6827© 1999 National Notary Association 9350 De SotoAve , PO Box 2402 Chatsworth, CA 9 131 3-2402 wwwnationalnotaryorg Prod No 5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT M State of California j\ County of Oranges! $! On ftpR - 9 M°7 before i !me. Paris Shahabi, Notary Public , ij yi Name and Title of Officer (e g , "Jane Doe Notary Public") 'J V VN personally appeared Janina Monroe , JJ, \j S personally known to me — OR - CD prove \ i 1 ffi*\!SjSi& Commission # 1 572409 !|V Notary Public - California $. V I vtsilnlx Orange County f u l__^^^^9^f^ii!u?II^TO^J^i[ Names) of Signerfs) jij 3d to me on the basis of satisfactory evidence to be the person(s) y whose name(s) is/are subscribed to the within Instrument ]\ and acknowledged to me that he/she/they executed the A same in his/her/their authorized capacity(ies), and that by |y his/her/their signature(s) on the instrument the person(s), ]S or the entity upon behalf of which the person(s) acted, i\ executed the instrument 8 WITNESS my hand and pfficialseatC? jj Signature of Notary Public ' J N | Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent ^ tf i fraudulent removal and reattachment of this form to another document i 'i I*1 ^ly! Description of Attached Document S I'xj cV) fl'\5 Title or Type of Document: W V Document Date. i1^1 Siqner(s) Other Than Named Above v Capacity(ies) Claimed by Signer(s) siJ! Siqner's Name. jj y|i D Individual V D Corporate Officer 'Si DTrtlefs): ^' D Partner — D Limited D General V S Attorney-m-Fact 1 V D Trustee ijj D Guardian or Conservator |j|jjit^ JJ| D Other: Topofth i^i j| Signer Is Representing. i 1 1Number of Paqes VJ, I'\Signer's Name: j\ D Individual i> D Corporate Officer ], H Titlefe). (j D Partner — D Limited D General j1 D Attorney-m-Fact ], D Trustee f "f'tllijl D Guardian or Conservator BBS1SBB KV umb here FJ Other: Top of thumb here J\ 'V (\ Signer Is Representing: I1 i i1 , S ^^^-.^-^..^^^^j-^-.^^^^^^^ BD-1133 9/97 POA#:510027 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Hams County, Texas, does by these presents make, constitute and appoint Janma Monroe of Irvine, CA its true and lawful Attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000 00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises Said appointment shall continue in force until 10/31/08 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secrelaiy shall be and is hereby vested with full power and authonty to appoint any one or more suitable persons as Attorney(s)-in-Fact to rcpiescnt and act for and on behalf of the Company subject to the following provisions: Atlorney-m-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-m-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary Be it Resolved, that the signature of any authorized oificer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate telating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached (Adopted at a meeting held on 20* of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D 2005 fSHRETEC DURANCE COMPANY State of Texas County of Harris ss. On this 20th day ot June, A D 2005 before me personally came B J King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument: that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal, that it was so affixed by order of the Board of Directors of said Company, and that he signed his name thereto by like order. Michelle Denny Notary Public Stale of Texas My Commission Expires August 27,2008 Michelle Denny, Notary Public My commission expires August 27, 2008 i under my hand and the seal of said Company^ Vc,a^o,i, Te: . ->* iV '•=-*' , ^"- •*£. *. < %_ ^ "^ i Any Instrument issued in excess of the per<aIc$Ahited a£bvej3totul!S'"void and without any validity. For verification of the authority of this powervyou rnay-caM"{713) 812-0800 any business day between 8: ""-i- ' -^ -^'. »^v ,~x . Brent Bcafy, Assistant Secifetary 00 am and 5*00 pm CST. I, M Brent Beaty, Assistant Secretary of SUREfEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy j of a Power of Attorney, executed by said CompanyJ which is still in full force and effect, and furthermore, the resolutions of the Board of Director:,, set out m the Povvcr of Attorney are in full force and effect, 1 "•'-< .., Given under my hand and the seal of said Comcanv.Sii F'ou^o,?, Texas this dayoX'"" s> " *""" _, 20 ,AD OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the Carlsbad Municipal Water District whose address is 5950 El Cammo Real, Carlsbad, California, 92008, hereinafter called "District" and Con.fQn.Ai i QAJ whose address is L>A /Ht/iA0A DA Vt&iA C/t 91Q8I hereinafter called "Contractor" and T^kufc <c/<?aTew &/\*tk. whose address is A ^TfiefT -£?*/ P/fto C# ?^/Ol _ hereinafter called "Escrow Agent " For the consideration hereinafter set forth, the District, 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 District pursuant to the Construction Contract entered into between the District and Contractor for LAKE CALAVERA REMEDIAL IMPROVEMENTS CONTRACT NO. 3821-1 in the amount of ffJ' _ dated \ /*/Q 7 (hereinafter referred to as the "Contract") Alternatively, on written request of the Contractor, the District shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor depdsits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the District 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 District and Contractor Securities shall be held in the name of the District and shall designate the Contractor as the beneficial owner 2 The District 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 District 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 District 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 District These expenses and payment terms shall be determined by the District, 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 District cRevised 7/17/06 Contract No 3821-1 Page 41 of 120 Pages 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 District to the Escrow Agent that District consents to the withdrawal of the amount sought to be withdrawn by Contractor 7 The District 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 District of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the District 8 Upon receipt of written notification from the District 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 District and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the District and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above 10 The names of the persons who are authorized to give written notices or to receive written notice on behalf of the District and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows For District Title FINANCE DIRECTOR Name Signature, rv' For Contractor Address 1635 Faraday Avenue. Carlsbad. CA 92008 Title Name For Escrow Agent Name Signature Address At the time the Escrow Account is opened, the District and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement oRevised 7/17/06 Contract No 3821-1 Page 42 of 120 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above For District For Contractor For Escrow Agent v iJ, Title PRESIDENT Name l &U Signature fML Address 12 ad. CA 92008 Title V.P. Name Signature Address Title Name Signature Address 0A,. A Revised 7/1 7/06 Contract No 3821-1 Page 43 of 120 Pages City of Carlsbad Public Works January 17,2007 ADDENDUM NO. 1 RE: LAKE CALAVERA REMEDIAL IMPROVEMENTS BID NO. PWS07-12ENG, CONTRACT NO. PWS07-12ENG Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum-receipt acknowledged-must be attached to your Request for Bid when your bid is submitted. KEVIN DAVIS Buyer Attachment ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 Bidder's Stfg^teture paul j. Vadnais 1635 Faraday Avenue • Carlsbad, CA 92OOS-7314 • (76O) 6O2-273O • FAX (76O) 6O2-8562 CARLSBAD MUNICIPAL WATER DISTRICT LAKE CALAVERA REMEDIAL IMPROVEMENTS Contract No. 3821-1 Addendum No. 1 From: David Ahles, Project Manager Phone: (760)602-2748 Fax: (760) 602-8562 No. of Pages: 6 (including this page) Date: January 17, 2007 Bid Opening Date: February 13, 2007 2:00 pm (No change) A. Notice Inviting Bids, (Page 9 of 210), Change the following: Pre-Bid Meeting: Meeting has been rescheduled for 11:00am on Wednesday, January 31, 2007. B. Notice Inviting Bids, (Page 10 of 210), Add the following: New paragraph "DESCRIPTION OF WORK" is attached. Pre-Bid Meeting: Meeting has been rescheduled for 11:00am on Wednesday, January 31, 2007. C. Appendix "D", (4 pages attached), Add the following information from the Department of Water Resources Division of Safety of Dams to Appendix "D". • Letter Dated December 21, 2006 • Application for approval • Information regarding supervision of construction of dams and reservoirs. Contract No. 3821-1 Page 1 of 6Pages Addendum No. 1 LAKE CALAVERA REMEDIAL IMPROVEMENTS CONTRACT No. 3821-1 DESCRIPTION OF WORK The work shall include the following: • Demolition of 7,500 SF of existing gunite spillway apron and channel. • Demolition of existing outlet tower and walkway pier. • Remove existing 26 ft. of 28" diameter outlet pipe through existing outlet tower. • Install reinforced concrete spillway through dam crest and gunite existing channel and installation of 60-T cellular concrete block mat. • Install new 24" Stainless Steel outlet pipe with 18" Butterfly valves and 6" plug valve with intake screens. • Install pull boxes including excavate and backfill for hydraulic, pneumatic and electrical systems. • Grading including structural fill to create a building pad and access roads with crushed aggregate base. • Installation of chain link fence and gate. • Marine Construction includes construction of a cofferdam to be lowered in place with a crane and barge. • Construction of a 470 SF Operations Building. • Slip line 260 Ft. of 30" RCP outlet pipe with 28" HOPE pipe. • Electrical, Hydraulic, Pneumatic controls systems. f 7 I ' C t STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor DEPARTMENT OF WATER RESOURCES 1416 NINTH STREET, P.O. BOX 942836 SACRAMENTO, CA 94236-0001 (916] 653-5791 DEC 21 2006 Mr. William E. Plummer District Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008-7314 Attention: Mr. Christopher Muehlbacher Calavera Dam, No. 1023-2 San Diego County Dear Mr. Plummer: Enclosed is your approved Application No. 1023-2 which was filed on July 9, 2003, for approval of plans and specifications for the alteration of Calvera Dam. The proposed alteration consists of retrofitting the spillway, outlet tower, and outlet pipeline. Please review the enclosed "Information Regarding Supervision of Construction of Dams and Reservoirs" and provide our Regional Engineer with the required timely notice of start of construction. Sincerely, David A. Gutierrez, Chief Division of Safety of Dams Enclosures Certified Mail s Slate of California 2»ARTMENT OF WATER RESOURl > The Resource. Agency Division of Safety of Darns FILE IN DUPLICATE ' ,,,,'• '" 'ORIGINAL SIGNATURE J\ ,.-•-' REQUIRED ON BOTH , . ' o ...... ______________________ Appbcatioa F** Applicant must not fill in the above blanks. APPLICATION FOR APPROVAL OF PLANS AND SPECIFICATIONS FOR THE REPAIR OR ALTERATION OF A DAM AND RESERVOIR For full information concerning the filling out and filing of this form send for Statutes and Regu- lations Pertaining to Supervision of Dams and Reservoirs. This application involves no right to appropriate water. To secure the right to appropriate water, application should be made to theState Water Resources Control Board on forms which they will provide upon request. ........ of ..)!^^..f^rA4?y./Y*nHfe, Name of individual signing application Address County of .?**O..P!£siH .......... State of ....Cnl-.TflftOJA ............. hereby make application for the approval of plans and specifications for the"*^". n of ...Qs.l.ftxe.C^....CNfi, JP23:v£>. ............... dam and reservoir.V ' ° Nameofdamano.~em.ir The owner of the dam and reservoir is .. Name of owner of i.635; f^rcjcky ../lyen.u.ft... County of ...$?A..9.;.£.<te .................. State of............... ' ...... J Addrc's/ If the owner is a corporation, give name and address of president and secretary - The applicant is acting for the owner in the capacity of ....?^?5y.?.££/? Agent, Lessee, Trustee, Engineer, a Location of Dam __ ^5 1. The dam is in ..$.<?.<>..P.''.^??.... County, in the ..%.. 1/4, Sec. .?Q.., Tp.TJAS, R. j\4W, «&t?fe. & M. and is located on Q.\«Y&te.. &&>)<...(#$& 4.3$).... tributary to .Ay.^.^M^'i.9f>.^..^i^.^.. Creek, river or watershed Crock or river Description of Proposed Work 2. Type of dam ...9f?r?^^.4...^cj'.br.f.i.).l...':).£?rr) Concrete arch or gravity, earth, rocUill, elc. 3. Description of work contemplated ...K&wy&..&iMiAa...pu;Hef.t.<?w£/:...9,0.4. ..CfS/e>.tae£. .yy.-'*.b <*? Use extra sheets or exhibits if necessary ^ ^.J*,^K...^^ '.c..^....^r.^y.l:.c ..coo.^ol^ >.^ 4. Work will result in ....fiQ...P^AOflft.. .l.r, me maximum storage level No change in" or "lowering" This form i, not to be used if the alteration will'in'c'r^ase Vh'e wkier 'storage eleVatio'n of [he'reser^oir « previously' operaied.' 5. Work is to commence by ^ru?^ .2oo4 ^ [Q bg comp]eted fay Fftb,uflAy.^cos-.. 6. Engineer v. TJJ.0.....'!?. 7 Contractor ..li/A [Signed ] ^^^ f V. tw»,this ,i-rx^... day of ;/&./?.£. ...................... -tSt.# C4 APPROVAL OF APPLICATION FILED .r,,1y «?. moi , INCLUDING THE PLANS AND SPECIFICATIONS This is to certify that the within application, including plans and specifications for the •"repair- ^ Calavera dam and reservoir, NolQ?3?.?...., has been examined and the alteration (strike out one) same js nereby approved, subject to the following terms and limitations: ! CoDStniction work shall bs comrnsnced on or before 2. Construction work shall be completed on or before Witness my hand and the seal of the Department of Water Resources of the State of California this .21s.t day of ...December xiSx...2.006 /)ct,r*i; Division CKicf ' Division of Safety of Dams Registered Civil Engineer No 234.74. (.'/"• State of California DEPARTMENT OF WATER RESOURCES The Resources Agency Division of Safety of Dams INFORMATION REGARDING SUPERVISION OF CONSTRUCTION OF DAMS AND RESERVOIRS It is required by the California Water Code that this Department supervise the alteration of Calavera ; Dam and Reservoir for safety. It is also required that the construction work on the dam and reservoir be under the responsible charge of a registered civil engineer representing the owner. In general, the Department supervises the work by reviewing and approving procedures, decisions, and portions of the work that have been approved by the registered engineer or by his/her authorized representative. During the work on this dam and reservoir, the Department will be represented by Mutaz Mihvar , Regional Engineer, telephone (916) 227-4600 and Anna Kolakowski assigned Field Engineer, telephone (916) 227-4637 . Their office is located at 2200 X Street; Suite 200; the mailing address is Department of Water Resources, Division of Safety of Dams, P. O. Box 942836, Sacramento, CA 94236-0001. The Regional Engineer should be contacted by you or your representative several weeks prior to the start of construction to determine the appropriateness of a pre-construction conference and the schedule for such a meeting if it is deemed necessary. Supervision of construction by this Department is usually conducted in the following manner: 1. The owner or his/her representative notifies the Regional Engineer approximately one week prior to the start of construction to arrange for the initial construction inspection. 2. Inspections of construction are made by the Field Engineer as deemed necessary to ensure compliance with approved plans and specifications and to ensure that developments which might prove unsafe are corrected. 3. The foundation or abutments are not covered until the Field Engineer has inspected and approved them. This includes the foundations for cutoff trenches, outlet conduit, spillway channel, etc., which will be covered by concrete and/or other materials of the dam. 4. As construction progresses, any changes in work and/or the plans and specifications found necessary must be given prior approval by the Department. Request for such changes are submitted in writing to the Department of Water Resources, Division of Safety of Dams, P. O. Box 942836, Sacramento, CA 94236-0001. 5. Progress of work and/or construction procedures which might result in an unsafe condition will not be permitted; for example, unsatisfactory progress which might result in an unsafe dam in flood season or placement of earth embankment without adequate moisture conditioning of the soil. 6. The Field Engineer will make every attempt to schedule his/her inspections so as to avoid delay in construction. Your cooperation is needed in giving prior notification as far in advance as possible of the time when an inspection will be required. DWR 1349 (Rev. 06/99) City of Carlsbad Public Works February 7, 2007 ADDENDUM NO. 2 RE: LAKE CALAVERA REMEDIAL IMPROVEMENTS, PROJECT NO: PWS07-12ENG Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. Please note change in due date for the above-mentioned bid. New date for bid opening is: February 27, 2007 Time remains the same: 2:00 p.m. This addendum-receipt acknowledged-must be included to your bid when your bid is submitted. KEVIN DAVIS Buyer I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2 BidderVSignajare Paul J. Vadnais 1635 Faraday Avenue • Carlsbad, CA 92OO8-7314 • (760) 6O2-2730 • FAX (76O) 602-8562 CARLSBAD MUNICIPAL WATER DISTRICT LAKE CALAVERA REMEDIAL IMPROVEMENTS Contract No. 3821-1 Addendum No. 2 From: David Ahles, Project Manager Phone: (760)602-2748 Fax: (760) 602-8562 No. of Pages: 2 (plus attachments) Date: February 8, 2007 Bid Opening Date: February 27, 2007 2:00 pm (New) SPECIFICATIONS A. Notice Inviting Bids, (Page 7 of 210), The BID OPENING DATE is hereby revised to February 27, 2007 Change the following: Bid Opening: Replace the First Sentence with "Until February 27, 2007, the Carlsbad Municipal Water District (CMWD) shall accept sealed bids ..." B. General Provisions: Section 6-2 Prosecution of Work, (Page 83 of 210), Add the following paragraph to the end of section 6-2.1 Order of Work: "Contractor's Lake Level Control Program shall not include in the work plan any method of lowering the lake level below 206' elevation." C. General Provisions: Section 7-10 Public Convenience and Safety, (Page 96 of 210), Delete the third paragraph of Section 7-10.1 Traffic and Access and replace with the following: "The Contractor shall restrict access during work hours to the entire work site. Contractor to provide information signs on both ends of the dam listing trail closure information, (times and duration), and detour information. Contactor may provide for pedestrian access during non working hours across the dam provide it's safe. Contract No. 3821-1 Page 1 of 2 Pages Addendum No. 2 D. PLANS General Provisions: Section 7 Responsibilities of the Contractor, (Page 102 of 210), Add the following: New Section 7-15 Limit of Work "Contractor's work area shall be as shown on the attach Limit of Work exhibit, dated January 30, 2007. Contractor shall survey Limit of Work perimeter and install and maintain during the duration of the project environmental fencing per Section 215-1. Contractor to remove all vegetation as necessary in work area. Payment for work in this section shall be included in Bid Item No. 3 Clearing and grubbing." E. Drawing D2: Outlet Tower/Demolition Section (Sheet 5 of 38) Add the following Notes: "3. Demolition of upper existing outlet tower shall include the removal of all existing valves, piping, platforms, support brackets and ladder which are shown on the attached detail sheets "I" and "J", dated March 26, 1942." "4. Contractor shall not lower water lake level below 206 foot elevation." J. Responses to Questions received at the Pre-Bid Meeting held on January 31, 2007: Question: 1. Can the Contractor use the existing sewer access road for work along the Spillway Channel? Response: Yes, the sewer access road is an easement to the City of Carlsbad. Any damage to the road surface or existing fence must be repaired. Question: 2. Can the Contractor use water from the Lake? Response: Yes, water from the lake can be used for Construction Water only provided the lake level is not lowered below 206 foot Elevation. Question: 3. Can the Contractor use the existing concrete at the site in the structural fill area? Response: No, existing concrete material on site is to be removed and is not to be incorporated in the work and shall be disposed of off the site. Contract No. 3821-1 Addendum No. 2 Page 2 of 2 Pages [==:J ~ [==:J-------[==:J[==:J- 1"",,1 1",$f;",1 EXISTING HABITAT1YPES Coyote Bush Scrub Dlegan Coastal Sage Scrub Disturbed Land Dlegan Coastal Sage Scrub-Revegetation Non-native Vegetation (Exotic) Coastal and Valley Freshwater Marsh Mule Fat Scrub Non-native Grassland Coast Live Oak Riparian Forest Open Water Southern WillowScrub Urban/Developed WORK AREAS ~Staked Limit of Work []][[[]Staging Area LimitofWork Lake Calavera Remedial Improvements Project Carls bad,California NORTH January 30.2007 50 100 200 FT SCALE:-1"=100' [I PLANNINd ~YI3TEMS ~I PACIFIC WESTERN BANK April 6, 2007 Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, CA 92008 Attn: President and Finance Director Vadnais Corporation 2130LaMiradaDrive Vista, CA 92081 Attn: Jesse Mangan, Controller, and Jeff Anderson, Vice President Re: Escrow Agreement Gentlemen: This letter will confirm that in conjunction with the Escrow Agreement dated March 26, 2007, executed by and among Pacific Western Bank, as escrow agent, Carlsbad Municipal Water District, as district, and Vadnais Corporation, as contractor, that the term "securities" shall only mean bank certificates of deposit, interest-bearing demand deposit accounts, or standby letters of credit as a substitute for retention earnings. Accordingly, Pacific Western Bank notifies the addressees above that it will not hold any other eligible securities which may be described in the statutes which govern and/or apply to Escrow Agreement described above. Additionally, any accounts will be subject to the terms and conditions set forth in the Deposit Account Agreement and Disclosure, which are effective from time to time. Should you have any questions or concerns, please feel free to contact the undersigned. Sincerely, Robert O. Silides Senior Vice President 619-338-1476 401 West A Street San Diego, CA 92101-7917 619 233-5588 Fax 619 235-1274 www pacificwesternbank com \OMA/S CO RPO R ATI ON CONTRACTOR'S LICENSE #255709 February 27, 2007 City of Carlsbad 1635 Faraday Avenue Carlsbad, CA Attn: Dave Ahles RE: Lake Calavera Remedial Improvements Dear Dave: I writing to inform you that Vadnais Corporation made two site visit to Lake Calavera. The fist site visit was the day of the Pr-bid meeting January 31, 2007 at 11:00 am. Paul Vadnais and Alex McClymont were in attendance. In addition Jeff Anderson visited the site on February 26, 2007 at 3:30 pm; the attached pictures are from this site visit. Sincerely, VADNAIS CORPORATION Alex McClymont Cc: Office - Bi 9164 Rehco Road • San Diego, CA 92121 • V: 858-550-1460 • F: 858-550-1470 II!!;Ii~-~~.~1~~~,II'~'"~;i~:m,,~i10.~IIi,~~'!11 ~~.11!.~'"1'~\1j ~,\J tffi<Ii~\\ '\ ~ '!:" 1!!: -m '~I~~~.t'""fl~IIIIL~~~:<I'Q >II~~~"I!\'!~.i! ~ "; -- ~I III!tllIJ~!jjII ~,,:lIl-li'~,111 II '11111PP'~"1Ii~'1?4',.~!II ~'iI 'I.'~It"II111'0'.:r"~.,.><'"~11'"':i"I!I ","~,!i1!o.~,'ill ~liP<fI,",II ~',:JIll!'!;"~'ll'11)!!!~,.~~¥!~It!~,}..r.~rtW.X',!1'1:\jj,...~!I'~I.t'.!/,,,,,.Ii ~",,'"'~.,"'1';~oi:t ,f;ii'.,~i~'1.\1iiF;~~,)1 I.''t~,fA it, ' ",;:d,!?~..i'~ ,~ ;1\;"",~.. GENERAL PROVISIONS FOR LAKE CALAVERA REMEDIAL IMPROVEMENTS CONTRACT NO. 3821-1 CARLSBAD MUNICIPAL WATER DISTRICT BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1, GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 - TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS - Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise 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 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 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor.^tbqls 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. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein m^ Revised 7/17/06 Contract No 3821-1 Page 44 of 120 Pages Addendum - Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents The term Addendum shall include bulletins and all other types of written notices issued to potential bidders prior to opening of Bids Agency - the Carlsbad Municipal Water District Agreement - See Contract Assessment Act Contract - A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County Base - A layer of specified material of planned thickness placed immediately below the pavement or surfacing Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work Bidder - Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative Board - The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carlsbad or the Board of Directors of Carlsbad Municipal Water District Bond - Bid, performance, and payment bond or other instrument of security City Council - the City Council of the City of Carlsbad. City Manager - the City Manager of the City of Carlsbad or his/her approved representa- tive. Cash Contract - A Contract financed by means other than special assessments Change Order - A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract A Change Order may or may not also be signed by the Contractor Code - The terms Government Code, Labor Code, etc., refer to codes of the State of California Construction Manager- the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution Contract - The written agreement between the Agency and the Contractor covering the Work Revised 7/17/06 Contract No 3821-1 Page 45 of 120 Pages Contract Documents - Including but not limited to, the Contract, any Addendum (which pertain to the contract documents), Notice Inviting Bids, Instructions to Bidders, Bid (including documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the general conditions, permits from other agencies, the Special Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract Contractor - The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work In the case of work being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor The term "prime contractor" shall mean Contractor Contract Price - The total amount of money for which the Contract is awarded Contract Unit Price - The amount stated in the Bid for a single unit of an item of work County Sealer - The Sealer of Weights and Measures of the county in which the Contract is let Days - Days shall mean consecutive calendar's days unless otherwise specified Deputy City Engineer, Construction Management & Inspection - The Construction Manager's immediate supervisor and second level of appeal for informal dispute resolution Dispute Board - persons designated by the City Manager of the City of Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor The City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution Electrolier - Street light assembly complete, including foundation, standard, lummaire arm, lummaire, etc Engineer - the City Engineer of the City of Carlsbad or his/her approved representative The Engineer is the third level of appeal for informal dispute resolution Geotextile - Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration House Connection Sewer - A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer House Sewer - A sewer, wholly within private property, proposed to connect any building to a house connection sewer Luminaire - The lamp housing including the optical and socket assemblies (and ballast if so specified) Luminaire Arm - The structural member, bracket, or mast arm, which, mounted on the standard, supports the lummaire oRevised 7/17/06 Contract No 3821-1 Page 46 of 120 Pages Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Contract Price bid Modification - Includes Change Orders and Supplemental Agreements A Modification may only be used after the effective date of the Contract Notice of Award - The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract Notice to Proceed - A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start Own Organization - When used in Section 2-3 1 - Employees of the Contractor who are hired, directed, 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 Person - Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity Plans - The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work Private Contract - Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency Project Inspector - the Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution Proposal - See Bid Reference Specifications - Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. Roadway - The portion of a street reserved for vehicular use. Service Connection - Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer Sewer - Any conduit intended for the reception and transfer of sewage and fluid industrial waste Revised 7/17/06 Contract No 3821-1 Page 47 of 120 Pages Specifications - Standard Specifications, Reference Specifications, Special Provisions, and specifications in Supplemental Agreements between the Contractor and the Board Special Provisions - Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work Standard - The shaft or pole used to support street lighting lummaire, traffic signal heads, mast arms, etc Standard Plans - Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number Standard Specifications - The Standard Specifications for Public Works Construction (SSPWC), the "Greenbook" State - State of California Storm Drain - Any conduit and appurtenances intended for the reception and transfer of storm water Street - Any road, highway, parkway, freeway, alley, walk, or way Subbase - A layer of specified material of planned thickness between a base and the subgrade Subcontractor - An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work Subgrade - For roadways, that portion of the roadbed on which pavement, surfacing, base, subbase, or a layer of other material is placed For structures, the soil prepared to support a structure Supervision - Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details of the Work Supplemental Agreement - A written amendment of the Contract Documents signed by both parties Surety - Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred Tonne - Also referred to as -'metric ton" Represents a unit of measure in the International System of Units equal to 1 .OOOjkilograms Utility - Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private easement Work - That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services oRevised 7/17/06 Contract No 3821-1 Page 48 of 120 Pages 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the "Manual of Steel Construction" published by the American Institute of Steel Construction, Inc 1-3.2 Common Usage Abbreviation ABAN ABAND ABS AC ACP ACWS ALT APIS AMER STD AWG BC BCR BDRY BF BLDG BM BVC B/W C/C CAB CAL/OSHA CalTrans CAP CB Cb CBP CBR CCR CCTV CES CF C&G CFR CFS CIP CIPP CL CLF CMB CMC CML CMWD CO COL COMM CONG Word or Words Abandon CONN Abandoned CONST Acrylonitnle - butadiene - styrene COORD Asphalt Concrete CSP Asbestos cement pipe CSSD Asphalt concrete wearing surface CTB Alternate CV Apartment and Apartments CY American Standard D American Wire Gage (nonferrous wire) dB Beginning of curve DBL Beginning of curb return DF Boundary DIA Bottom of footing DIP Building and Buildings DL Bench mark DR Beginning of vertical curve DT Back of wall DWG Center to center DWY Crushed aggregate base DWY APPR California Occupational Safety and E Health Administration EA California Department of Transportation EC Corrugated aluminum pipe ECR . Catch Basin EF Curb EG Catch Basin Connection Pipe EGL California Bearing Ratio El California Code of Regulations ELC Closed Circuit TV ELT Carlsbad Engineering Standards EWBRace Cubic foot EP Curb and gutter ESMT Code of Federal Regulations ETB Cubic Feet per Second EVC Cast iron pipe EWA Cast-in place pipe EXC Clearance, center line EXP JT Cham link fence EXST Crushed miscellaneous base F Cement mortar-coated F&C Cement mortar-lined F&l Carlsbad Municipal Water District FAB Cleanout (Sewer) FAS Column FD Commercial FDN Concrete FED SPEC Connection Construct, Construction Coordinate Corrugated steel pipe Carlsbad Supplemental Standard Drawings Cement treated base Check valve Cubic yard Load of pipe Decibels Double Douglas fir Diameter Ductile iron pipe Dead load Dimension Ratio Dram Tile Drawing . . Driveway Driveway approach Electric Each End of curve End of curb return Each face Edge of gutter Energy grade line Elevation Electrolier lighting conduit Extra long ton Engineer, Engineering Edge of pavement Easement Emulsion-treated base End of vertical curb Enema Wastewater Authority Excavation Expansion joint Existing Fahrenheit Frame and cover Furnish and install Fabricate Flashing arrow sign Floor dram Foundation Federal Specification Revised 7/17/06 Contract No 3821-1 Page 49 of 120 Pages FG FH FL FS FT-LB FTG FW G GA GAL GALV GAR GIP GL GM GNV GP GPM GR GRTG GSP H HB HC HDWL HGL HORIZ HP HPG HPS HYDR IE ID INCL INSP INV IP JC JCT JS JT L LAB LAT LB LD LF LH LL LOL LONG LP LPS LS LTS LWD MAI NT MAX MCR MEAS MH MIL SPEC MISC MOD Finished grade Fire hydrant Flow line Finished surface Foot-pound Footing Face of wall Gas Gauge , Gallon and Gallons Galvanized Garage and Garages Galvanized iron pipe Ground line or grade line Gas meter Ground Not Visible Guy pole gallons per minute Grade Grating Galvanized steel pipe High or height Hose bib House connection Headwall Hydraulic grade line Horizontal Horsepower High pressure gas High pressure sodium (Light) Hydraulic Invert Elevation Inside diameter Including Inspection Invert Iron pipe Junction chamber Junction Junction structure Joint Length Laboratory Lateral Pound Local depression Linear foot Lamp hole Live load Layout line Longitudinal Lamp post Low pressure sodium (Light) Lump sum Lime treated soil Leucadia Wastewater District Maintenance Maximum Middle of curb return Measure Manhole, maintenance hole Military specification Miscellaneous Modified, modify MON Monument MSL Mean Sea Level (Reg Standard Drawing M-12) MTBM Microtunneling Boring Machine MULT Multiple MVL Mercury vapor light NCTD North County Transit District NRCP Nonremforced concrete pipe OBS Obsolete OC On center OD Outside diameter OE. Outer edge OHE Overhead Electric OMWD Olivenham Municipal Water District OPP Opposite ORIG Original PB Pull box PC Point of curvature PCC Portland cement concrete or point of compound curvature PCVC Point of compound vertical curve PE Polyethylene PI Point of intersection PL Property line PMB Processed miscellaneous base POC Point on curve POT Point on tangent PP Power pole PRC Point of reverse curve PRVC Point of reverse vertical curve PSI Pounds per square inch PT Point of tangency PVC Polyvmyl chloride PVMT Pavement PVT R/W Private right-of-way Q Rate of flow in cubic feet per second QUAD Quadrangle, Quadrant R Radius R&O Rock and oil R/W Right-of-way RA Recycling agent RAC Recycled asphalt concrete RAP Reclaimed asphalt pavement RBAC Rubberized asphalt concrete RC Reinforced concrete RGB Reinforced concrete box RCE Registered civil engineer RCP Reinforced concrete pipe RCV Remote control valve REF Reference REINF Reinforced or reinforcement RES Reservoir RGE Registered geotechnical engineer ROW Right-of-Way RR Railroad RSE Registered structural engineer RTE Registered traffic engineer S Sewer or Slope, as applicable SCCP Steel cylinder concrete pipe SD Storm dram SDNR San Diego Northern Railway SDR Standard thermoplastic pipe dimension ratio (ratio of pipe O D to minimum wall thickness) SDRSD . ,. San Diego Regional Standard Drawings SE Sand Equivalent SEC Section SF Square foot Revised 7/17/06 Contract No 3821-1 Page 50 of 120 Pages SFM Sewer Force Mam SI International System of Units (Metric) SPEC Specifications SPPWC Standard Plans for Public Works Construction SSPWC STHWY STA STD SIR STRGR STRUC SW SWD SY T TAN TC TEL TF TOPO TR Standard Specifications for Public Works Construction State highway Station Standard Straight Straight grade Structural/Structure Sidewalk Sidewalk drain Square yard Telephone Tangent Top of curb Telephone Top of footing Topography Tract TRANS Transition TS Traffic signal or transition structure TSC Traffic signal conduit TSS Traffic signal standard TW Top of wall TYP Typical UE Underground Electric USA Underground Service Alert VAR Varies, Variable VB Valve box VC Vertical curve VCP Vitrified clay pipe VERT Vertical VOL Volume VWD Vallecitos Water District W Water, Wider or Width, as applicable WATCH Work Area Traffic Control Handbook Wl Wrought iron WM Water meter WPJ Weakened plane joint XCONN Cross connection XSEC Cross section 1-3.3 Institutions. Abbreviation Word or Words AASHTO American Association of State Highway and Transportation Officials AISC . . . American Institute of Steel Construction ANSI American National Standards Institute API . ... ... American Petroleum Institute AREA .. . . . ... American Railway Engineering Association ASTM ... . American Society for Testing and Materials AWPA. . ... American Wood Preservers Association AWS American Welding Society AWWA . . . American Water Works Association GRI ... ... ... Geosynthetic Research Institute NEMA . National Electrical Manufacturers Association NOAA . National Oceanic and Atmospheric Administration (Dept of Commerce) UL ....... . Underwriters' Laboratories Inc USGS . ... United States Geological Survey oRevised 7/17/06 Contract No 3821-1 Page 51 of 120 Pages 1-4 UNITS OF MEASURE. 1-4.1 General. The International System of Units, also referred to as SI or the metric system, is the principal measurement system in these specifications and shall be used for construction, unless otherwise stated in the Contract Documents U S Standard Measures, also called U S Customary System, are included in parenthesis SI units and U S Standard Measures in parenthesis may or may not be exactly equivalent If U S Standard Measures are specified for use in the contract documents, then all values used for construction shall be U S Standard Measures shown in parenthesis However, certain material specifications and test requirements contained herein use SI units specifically and conversions to U S Standard Measures have not been included in these circumstances When U S Standard Measures are not included in parenthesis, then the SI units shall control Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors 1-4.2 Units of Measure and Their Abbreviations. U.S. Customary Unit (Equal To) SI Unit (Abbreviations) (Abbreviations) 1 mil (=0 001 in) 25 4 micrometer (|im) 1 inch (in) 25 4 millimeter (mm) 1 inch (in) 2 54 centimeter (cm) 1 foot (ft) . 0 3048 meter (m) 1 yard (yd) 0 9144 meter (m) 1 mile (mi) 1 6093 kilometer (km)1 square foot (ft) 0 0929 square meter (nr) 1 square yard /yd ) 0 8361 square meter (m ) 1 cubic foot (ft) 0 0283 cubic meter (no 1 cubic yard (yd ) 0 7646 cubic meter (m ) 1 acre . . 0 4047 hectare (ha) 1 U S gallon (gal) 3 7854 Liter (L) 1 fluid ounce (fl oz ) 29 5735 millileter (ml) 1 pound mass (Ib) (avoirdupois) 0 4536 kilogram (kg) 1 ounce mass (oz) 0 02835 kilogram (kg) 1 Ton (=2000 Ib avoirdupois) 0 9072 Tonne (= 907 kg) 1 Poise 0 1 pascal second (Pa s) 1 centistoke (cs) 1 square millimeters per second (mm /s) 1 pound force (Ibf) 4 4482 Newton (N) 1 pounds per square inch (psi) 6 8948 Kilopascal (kPa) 1 pound force per foot (Ibf/ft) 1 4594 Newton per meter (N/m) 1 foot-pound force (ft-lbf) 1 3558 Joules (J) 1 foot-pound force per second ([ft-lbf]/s) 1 3558 Watt (W) 1 part per million (ppm) . 1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit (°F) Degree Celsius (°C) °F = (1 8x°C) + 32 .... °C = (°F - 32)/1 8 SI Units (abbreviation) Commonly Used in Both Systems1 Ampere (A)1 Volt (V) 1 Candela (cd)1 Lumen (Im) 1 second (s) Revised 7/17/06 Contract No 3821-1 Page 52 of 120 Pages Common Metric Prefixes kilo(k) 103 centi (c) 10 milli(m) 10~3 micro (|i) 10~6 nano (n) 10~9 pico(p) 10~12 1-5 SYMBOLS A Delta, the central angle or angle between tangents Z Angle % Percent Feet or minutes Inches or seconds1 Number / per or (between words)0 Degree PL Property line CL Centerlme SL Survey line or station line SECTION 2 - SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Specifications, Instruction to Bidders, or Notice Advertising for Bids 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Contract If given written notice, such assignment will be recognized by the Board to the extent permitted by law Any assignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract All money withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113 The following excerpts or summaries of some of the requirements of this Chapter are included below for information The Bidder shall set forth in the Bid, as provided in 4104 "(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater." A•^ Revised 7/17/06 Contract No 3821-1 Page 53 of 120 Pages "(b) The portion of the work which will be done by each such subcontractor under this act The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid " If the Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for the same portion of the work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor's total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as otherwise provided in the Code As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107 5 This section provides procedures to correct a clerical error in the listing of a Subcontractor Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization The Board shall be the sole body for determination of a violation of these provisions In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing The determination of the Board of Directors shall be final 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract, and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization "Specialty Items" will be identified by the Agency in the Bid or Proposal Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price This will be determined from information submitted by the Contractor, and subject to approval by the Engineer Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency Bonds from all other sureties Revised 7/17/06 Contract No 3821-1 Page 54 of 120 Pages shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995 660 (a) The Bidder shall pay all bond premiums, costs, and incidentals Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond The bonds are to contain the following documents 1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations Notice of such changes or extensions shall be waived by the Surety 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifications, to which the Engineer shall have access at all times The specifications for the work include the project technical specifications, Carlsbad Engineering Standards (CES), Standard Specifications for Public Works Construction, (SSPWC), 2006 Edition (Part 2 & 3) 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 Revised 7/1 7/06 Contract No 3821-1 Page 55 of 120 Pages The construction plans consist of three (3) sets The first set is designated as City of Carlsbad Drawing No 411-6 and consists of 38 sheets The second set is designated as San Diego Gas and Electric Undergroundmg Plans and consists of one (1) sheet, Project No 430711-010 The third set is the Pacific Bell Calavera Hills Village "T" South and consists of one (1) sheet The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Engineering Standards, hereinafter designated as CSSD, as issued by the City of Carlsbad and the Carlsbad Municipal Water District, hereinafter designated as CES Copies of some of the pertinent standard drawings are enclosed as an appendix to these General Provisions The Plans, Specifications, and other Contract Documents shall govern the Work The Contract Documents are intended to be complementary and cooperative Anything specified m the Specifications and not shown on the Plans, or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immediately call it to the attention of the Engineer 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence 1) Permits from other agencies as may be required by law. 2) Addenda issued during the bidding process 3) Carlsbad General Provisions 4) Technical Specifications 5) Plans 6) City of Carlsbad Engineering Standards, 2004 Edition 7) San Diego Regional Standard Drawings 8) State of California Department of Transportation Standard Plans 9) Standard Specifications for Public Works Construction 10) Reference Specifications 11) Manufacturer's Installation Recommendations Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above Detailed plans and plan views shall have precedence over general plans t , 2-5.3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in 2-5 3 2, 2-5 3 3 and 2-5.3 4, when required by the Plans or Special Provisions, or when requested by the Engineer Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required by performed, before the required submittals have been reviewed and accepted by the Revised 7/17/06 Contract No 3821-1 Page 56 of 120 Pages Engineer Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal The Contractor shall be responsible for the correctness of the submittals The Contractor shall allow a minimum of 20 working days for review of submittals unless otherwise specified in the Special Provisions Each submittal shall be accompanied by a letter of transmittal Each submittal shall be consecutively numbered Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e g The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer) Each sheet of each submittal shall be consecutively numbered Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead The Letter of transmittal shall contain the following 1) Project title and Agency contract number 2) Number of complete sets 3) Contractor's certification statement 4) Specification section number(s) pertaining to material submitted for review 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials) 6) Description of the contents of the submittal 7) Identification of deviations from the contract documents When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents The Contractor shall subscribe to ^-^ and shall place the following certification on all submittals1 f j "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval" By Title Date Company Name 2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor Working drawings shall be of a size and scale to clearly show all necessary details Six copies and one reproducible shall be submitted If no revisions are required, three of the copies will be returned to the Contractor If revisions are required, the Engineer will return one copy along with the reproducible for resubmission. Upon acceptance, the Engineer will return two of the copies to the Contractor and retain the remaining copies and the reproducible 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions o•~ Revised 7/17/06 Contract No 3821-1 Page 57 of 120 Pages 2-5.3.4 Supporting Information. Supporting information is information required by the Specifications for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by the Engineer Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless otherwise specified in the Special Provisions or directed by the Engineer Supporting information for systems shall be bound together and include all manufactured items for the system If resubmittal is not required, three copies will be returned to the Contractor Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions 1) List of Subcontractors per 2-3 2 2) List of Materials per 4-1.4 3) Certifications per 4-1 5 4) Construction Schedule per 6-1 5) Confined Space Entry Program per 7-1044 6) Concrete mix designs per 201-1 1 7) Asphalt concrete mix designs per 203-6 1 8) Data, including, but not limited to, catalog sheets, manufacturer's brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item This information is required for irrigation systems, street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or system 2-5.4 RECORD DRAWINGS. The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade Prints for this purpose may be obtained from the Agency at cost This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work Payment for performing the work required by section 2-5 4 shall be included in the various bid items and no additional payment will be made therefore 2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Contract in a satisfactory manner Unless otherwise provided, the Contractor shall furnish all materials, equipment, tools, labor, and incidentals necessary to complete the Work 2-7 SUBSURFACE DATA. All soil and test hole data, water table elevations, and soil analyses shown on the drawings or included in the Specifications apply only at the location of the test holes and to the depths indicated Soil test reports for test holes which have been drilled are available for inspection at the office of the Engineer Any additional subsurface exploration shall be done by Bidders or the Contractor at their own expense The indicated elevation of the water table is that which existed on the date when test hole data was determined It is the Contractor's responsibility to determine and allow for the elevation of groundwater at the date of project construction A difference in elevation between groundwater shown in soil boring logs and groundwater actually encountered during construction will not be considered as a basis for extra work 2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be provided by the Agency Unless otherwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required The Contractor shall indemnify and hold the Agency harmless from all claims Am¥ Revised 7/17/06 Contract No 3821-1 Page 58 of 120 Pages for damages caused by such actions 2-9 SURVEYING. 2-9.1 Permanent Survey Markers. The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed The Surveyor shall file corner record(s) as required by §§ 8772 and 8773, et seq of the California Business and Professions Code When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer 2-9.2 Survey Service. The Contractor shall hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work 2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to the requirements of section 2-5 3.3, "Submittals", herein The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (81/2" by 11") paper. The field notes, calculations and supporting data shall be clear and complete Supporting data shall include all maps, affidavits, plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labeled with name of the Surveyor, the party chief, the field crewmembers and the author of the field notes or calculations They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program The field notes shall be prepared in conformance with the CALTRANS "Surveys Manual" The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with §§ 8700 - 8805 of the State of California Business and Professions Code when the Surveyor performs any surveying that such map is required under §§ 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street centerlmes are permanent survey monuments The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way Record(s) of Survey(s) shall be submitted for the Engineer's review and approval before submittal to the County Surveyor and before submittal to the County Recorder Revised 7/17/06 Contract No 3821-1 Page 59 of 120 Pages 2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no greater intervals than specified in TABLE 2-9.2 2(A) as measured along the project stationing Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal locations where the curb is not being built as a part of this contract Staking and marking shall be completed by the Surveyor and inspected and approved by the Engineer before the start of construction in the area marked Centerlme monument shall have the disk stamped with the date the monument was set and the registration number of the Surveyor. Habitat mitigation sites and other areas to be preserved that are shown on the plans shall be staked and flagged prior to the start of any other activities within the limits of the work When curb and gutter does not exist and is not being installed as a part of the project the location of adjacent facilities being constructed as a part of the contract the Contractor shall place stakes defining the horizontal and vertical location of such adjacent utility vaults, poles or other facilities that are being installed as parts of, or adjunct to, the project either by the Contractor and/or those noted on the plans as to be installed by others TABLE 2-9.2.2(A) Survey Requirements for Construction Staking Feature Staked Street Centerlme Clearing Slope Fence Rough Grade Cuts or Fills > 10 m (33') Final Grade (includes top of Basement soil, subbase and base) Asphalt Pavement Finish Course Drainage Structures, Pipes & similar Facilities®, © Curb Traffic Signal ® Signal Poles & Controller © Stake Description © SDRSM-10 Monument Lath m soil, painted line on PCC & AC surfaces RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake, Blue- top m grading area RP, paint on previous course RP + Marker Stake RP + Marker Stake RP + Marker Stake Centerline or Parallel to Centerline Spacing®, © <300m (1000'), Street Intersections, Begin and end of curves, only when shown on the plans lath - Intervisible, < 15m (50') on tangents & < 7 5m (25') on curves, Painted line - continuous Intervisible and < 15m (50') < 60 m (200') on tangents, < 15m (50') on curves when R> 300m (1000') & 7 5m (25') on curves when R< 300m (1000') <15m(50') < 15 m (50') on tangents & curves when R> 300m (1000') & < 7 5m (25') on curves when R< 300m (1000') < 7 5m (25') or as per the intersection grid points shown on the plan whichever provides the denser information Intervisible & < 7 5m (25'), beginning and end, BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities (except plumbing), Skewed cut-off lines < 7 5m (25'), BC & EC, at %A, 1/2A & %A on curb returns & at beginning & end Vertical locations shall be based on the ultimate elevation of curb and sidewalk at each pole & controller location Lateral Spacing ®, © on street centerlme at clearing line Grade Breaks & <7 6 m (25') N/A ( constant offset) N/A <6 7 m (22') edge of pavement, paving pass width, crown line & grade breaks as appropriate ( constant offset) as appropriate Setting Tolerance (Within) 7 mm (0 02') Horizontal, also see section 2-9 2 1 herein 03 m (1') Horizontal 30mm(0 1') Verticals Horizontal 30mm(0 1') Horizontal 30mm(0 1') Vertical & Horizontal 10 mm (J/e") Horizontal & 7 mm (V) Vertical 10mm(V) Horizontal & 7 mm (V) Vertical 10 mm 0V) Horizontal & 7 mm C/A") Vertical 10mm (V) Horizontal & 7 mm (V) Vertical 1 0 mm (J/8") Horizontal & 7 mm (V) Vertical Revised 7/17/06 Contract No 3821-1 Page 60 of 120 Pages Feature Staked Junction Box ® Conduit ® Minor Structure ® Abutment Fill Wall© Major Structure ® Footings, Bents, Abutments & Wmgwalls Superstructures Miscellaneous © Contour Grading ® Utilities ®, ® Channels, Dikes & Ditches ® Signs ® Subsurface Drains ® Overside Drains ® Markers ® Railings & Barriers © AC Dikes ® Box Culverts Pavement Markers® Stake Description ® RP + Marker Stake RP + Marker Stake RP + Marker Stake + Line Stake RP + Marker Stake + Line Stake RP + Marker Stake + Line Point +Guard Stake RP + Marker Stake + Line Point +Guard Stake RP RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake + Line Point +Guard Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake RP Centerline or Parallel to Centerlme Spacing®, © at each junction box location < 15 m (50') on tangents & curves when R> 300m (1000') & < 7 5m (25') on curves when R < 300m (1000') or where grade < 0 30% for catch basins at centerlme of box, ends of box & wings & at each end of the local depression © < 15 m (50') & along end slopes & conic transitions < 15 m (50') and at beginning & end of each wall, BC & EC, layout line angle points, changes in footing dimensions &/or elevation & wall height 3 m to 10 m (10' to 33') as required by the Engineer, BC & EC, transition points & at beginning & end Elevation points on footings at bottom of columns 3 m to 10 m (10' to 33') sufficient to use string lines, BC & EC, transition points & at beginning & end Elevation points on footings at bottom of columns < 15m (50') < 15 m (50') on tangents & curves when R> 300m (1000') & < 7 5m (25') on curves when R < 300m (1000') or where grade < 0 30% mtervisible & < 30 m (100'), BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities At sign location mtervisible & s 15m (50'), BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities longitudinal location for asphalt street surfacing <, 15 m (50') on tangents & curves when R> 300m (1000') & < 7 5m (25') on curves when R < 300m (1000') At beginning & end and < 15 m (50') on tangents & curves when R > 300m (1000') & < 7 5m (25') on curves when R < 300m (1000') At beginning & end 3 m to 1 0 m (1 0' to 33') as required by the Engineer, BC & EC, transition points & at beginning & end Elevation points on footings & at invert 60 m (200') on tangents, 1 5m (50') on curves when R > 300m (1000') & 7 5m (25') on curves when R < 300m (1000') For PCC surfaced streets lane cold joints will suffice Lateral Spacing €>, © as appropriate as appropriate as appropriate as appropriate as appropriate as appropriate as appropriate along contour line as appropriate as appropriate Line point as appropriate At beginning & end At marker location(s) at railing & barrier location(s) as appropriate as appropriate at pavement marker location(s) Setting Tolerance (Within) 10 mm (V) Horizontal & 7 mm (V) Vertical 10 mm fV) Horizontal & when depth cannot be measured from existing pavement 7 mm ( 74") Vertical 10 mm (V) Horizontal & 7 mm (V) Vertical (when vertical data needed) 30mm(0 1') Verticals Horizontal 7 mm ('/4°) Horizontal & 7 mm (V) Vertical 1 0 mm (J/a") Horizontal & 7 mm (V) Vertical 1 0 mm (3/a") Horizontal & 7 mm ( /4") Vertical 30 mm (0 1') Vertical & Horizontal 10 mm (3/a") Horizontal & 7 mm ( //) Vertical 30 mm (0 1 ') Horizontal & 7 mm (V) Vertical 30 mm (01') Verticals Horizontal 30 mm (0 1') Horizontal & 7 mm (V) Vertical 30 mm (0 1') Horizontal & 7 mm (V) Vertical 7 mm (V) Horizontal 1 0 mm (J/8") Horizontal & Vertical 30 mm (0 1 ') Horizontal & Vertical 10 mm (%") Horizontal & 7 mm (V) Vertical 7 mm ('/V') Horizontal Revised 7/17/06 Contract No 3821-1 Page 61 of 120 Pages © Staking for feature may be omitted when adjacent marker stakes reference the offset and elevation of those features and the accuracy requirements of the RP meet the requirements for the feature © Reference points shall be sufficiently durable and set securely enough to survive with accuracy intact throughout the installation & inspection of the features or adjacent facilities for which they provide control RP means reference point for the purposes of this table CD Perpendicular to centerlme ® Some features are not necessarily parallel to centerlme but are referenced thereto © Multi-plane surfaced features shall be staked so as to provide line & grade information for each plane of the feature ® > means greater than, or equal to, the number following the symbol < means less than, or equal to, the number fol- lowing the symbol © The cut datum for storm drainage & sanitary sewer pipes & similar structures shall be their invert The cut datum for all other utilities shall be the top of their pipe or conduit All guard stakes, line stakes and lath shall be flagged Unless otherwise approved by the Engineer flagging, paint and marking cards shall be the color specified in TABLE 2-9 2 2(B) TABLE 2-9.2.2(8) Survey Stake Color Code for Construction Staking Type of Stake Horizontal Control Vertical Control Clearing Grading Structure Drainage, Sewer, Curb Right-of-Way Miscellaneous Description Coordinated control points, control lines, control reference points, centerlme, alignments, etc Bench marks Limits of clearing Slope, intermediate slope, abutment fill, rough grade, contour grading, final grade, etc Bridges, sound and retaining walls, box culverts, etc Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm drains, slope protection, curbs, gutters, etc Fences, R/ W lines, easements, property monuments, etc Signs, railings, barriers, lighting, etc Color* White/Red White/Orange Yellow/Black Yellow White Blue White/Yellow Orange * Flagging and marking cards, if used Add the following section 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2- 9 1 through 2-9 3 2 shall be included in the actual bid items requiring the survey work and no additional payment will be made Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made Payment for the replacement of disturbed monuments and the filing of records of survey and/or corner records, including filing fees, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made. 2-9.3 Private Engineers. Surveying by private engineers on the Work shall conform to the quality and practice required by the Engineer 2-9.4 Line and Grade. All work shall conform to the lines, elevations, and grades shown on the Plans Three consecutive points set on the same slope shall be used together so that any variation from a straight grade can be detected Any such variation shall be reported to the Engineer In the absence of such report, the Contractor shall be responsible for any error in the grade of the finished work Grades for underground conduits will be set at the surface of the ground The Contractor shall transfer them to the bottom of the trench Revised 7/17/06 Contract No 3821-1 Page 62 of 120 Pages 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all matters affecting the Work Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications The Contractor shall promptly comply with instructions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to quantities, acceptability of material, equipment, or work, execution, progress or sequence of work, and interpretation of the Plans, Specifications, or other drawings This shall be precedent to any payment under the Contract, unless otherwise ordered by the Board 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer The Contractor shall notify the Engineer before noon of the working day before inspection is required Work shall be done only in the presence of the Engineer, unless otherwise authorized Any work done without proper inspection will be subject to rejection The Engineer and any authorized representatives shall at all times have access to the Work during its construction at shops and yards as well as the project site The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these specifications Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract SECTION 3 - CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the interests of the Agency, may be granted by the Engineer Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency. Revised 7/1 7/06 Contract No 3821-1 Page 63 of 120 Pages 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price Should it become necessary to exceed this limitation, the change shall be by written Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are involved, shall provide for the Contractor's signature indicating acceptance 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve a substantial change in character of the work from that shown on the Plans or included in the Specifications, then an adjustment in payment will be made This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price In the case of such an increase or decrease in a bid item, the use of this basis for the adjustment of payment will be limited to that portion of the change, which together with all previous changes to that item, is not in excess of 25 percent of the total cost of such item based on the original quantity and Contract Unit Price Adjustments in excess of 25 percent may be done by extension of Contract Unit Prices as described above, or pursuant to 3-2 2 3 If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or included in the Specifications, an adjustment in payment will be made in accordance with 3-2 2 3 Should any Contract item be deleted in its entirety, payment will be made only for actual costs incurred prior to notification of such deletion 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 3-2.2.1 General. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications varies from the Bid quantity by 25 percent or less, payment will be made at the Contract Unit Price If the actual quantity of said item of work varies from the Bid quantity by more than 25 percent, payment will be made per 3-2 2 2 or 3-2.2 3 as appropriate. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per 3-2 4 3-2.2.2 Increases of More Than 25 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 25 percent, payment for the quantity in excess of 125 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Revised 7/17/06 Contract No 3821-1 Page 64 of 120 Pages 3-3 The Extra Work per 3-3, basis of payment, shall not include fixed costs Fixed costs shall be deemed to have been recovered by the Contractor through payment for 125 percent of the Bid quantity at the Contract Unit Price 3-2.2.3 Decreases of More Than 25 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 75 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per 3 3, however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 75 percent of the Bid quantity at the Contract Unit Price 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per 3-2 2, established by mutual agreement between the Contractor and the Agency If mutual agreement can not be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per 3-3, except as otherwise specified in 3-2 2 2 and 3-2.2 3 3 2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stating its elimination If material conforming to the Plans and ^—^ Specifications is ordered by the Contractor for use in the eliminated item prior to the date of ( j notification of elimination by the Engineer, and if the order for that material can not be canceled, payment will be made to the Contractor for the actual cost of the material In this case, the material shall become the property of the Agency Payment will be made to the Contractor for its actual costs for any further handling If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor Actual costs, as used herein, shall be computed on the basis of Extra Work per 3-3. 3-2.2.2 Stipulated Unit Prices. Stipulated unit prices are those established by the Agency in the Contract Documents, as distinguished from Contract Unit Prices submitted by the Contractor Stipulated unit prices may be used for the adjustment of Contract changes 3-2.2.3 Agreed Prices. Adjustments in payments for changes other than those set forth in 3-2 2 1 and 3-2 2 2 will be determined by agreement between Contractor and Agency If unable to reach agreement, the Agency may direct the Contractor to proceed on the basis of Extra Work in accordance with 3-3 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein Am& Revised 7/17/06 Contract No 3821-1 Page 65 of 120 Pages 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid Nondirect labor costs, including superintendence, shall be considered part of the markup of 3-3 2 3 (a) (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work No markup shall be applied to any material provided by the Agency (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CALTRANS, current at the time of the actual use of the tool or equipment The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any The labor surcharge rates published therein are not a part of this contract The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals Necessary loading and transportation costs for equipment used on the extra work shall be included If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used Manufacturer's ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site Am& Revised 7/17/06 Contract No 3821-1 Page 66 of 120 Pages (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, services, material, and equipment These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the Contractor or Subcontractors Invoices covering all such items in detail shall be submitted with the request for payment (e) Invoices. Vendors' invoices for material, equipment rental and other expenditures shall be submitted with the request for payment If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits 1) Labor . . . . 20 2) Materials . .. 15 3) Equipment Rental . 15 4) Other Items and Expenditures 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in section 3-3 2 3(a) shall be applied to the Subcontractor's actual cost of such work A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer Failure to submit the daily report by the close of the next working day may waive any rights for that day An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately Each party shall retain a signed copy of the report Reports by Subcontractors or others shall be submitted through the Contractor The report shall 1 Show names of workers, classifications, and hours worked 2 Describe and list quantities of materials used 3 Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. 4 Describe other services and expenditures in such detail as the Agency may require Revised 7/17/06 Contract No 3821-1 Page 67 of 120 Pages 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the following Work site conditions (hereinafter called changed conditions), in writing, upon their discovery and before they are disturbed 1 Subsurface or latent physical conditions differing materially from those represented in the Contract, 2 Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed, and 3 Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law The Engineer will promptly investigate conditions which appear to be changed conditions If the Engineer determines that conditions are changed conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6 If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees The Contractor's failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7 3 Contract Time Accounting, 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 District with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions Verbal notifications are disallowed The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655 "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-12655 The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the A•^ Revised 7/17/06 Contract No 3821-1 Page 68 of 120 Pages District'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. 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 Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command 1 Project Inspector 2 Construction Manager 3 Deputy City Engineer, Construction Management & Inspection 4 City Engineer 5 Executive Director 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 District will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report When additional information or a meeting is requested the District will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager Actual approval of the claim is subject to the change order provisions in the contract All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1 5 (commencing with Section 20104) which is set forth below Revised 7/17/06 Contract No 3821-1 Page 69 of 120 Pages ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7 1 (commencing with Section 10240) of Chapter 1 of Part 2 (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article (d) This article applies only to contracts entered into on or after January 1,1991 20104.2. For any claim subject to this article, the following requirements apply (a) The claim shall be in writing and include the documents necessary to substantiate the claim Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of-receipt of-the-loeal 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 Revised 7/17/06 Contract No 3821-1 Page 70 of 120 Pages shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3 6 of Title 1 of the Government Code 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2 5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141 11 of that code The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division In no event shall these fees or expenses be paid by state or county funds (3) In addition to Chapter 2.5 (commencing with Section 1141 10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process 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 Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with 3-3 SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects Quality of work shall be in accordance with the generally accepted standards Material and work quality shall be subject to the Engineer's approval Revised 7/17/06 Contract No 3821-1 Page 71 of 120 Pages Materials and work quality not conforming to the requirements of the Specifications shall be considered defective and will be subject to rejection Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so directed by the Engineer If the Contractor fails to replace any defective or damaged work or material after reasonable notice, the Engineer may cause such work or materials to be replaced The replacement expense will be deducted from the amount to be paid to the Contractor Used or secondhand materials, parts, and equipment may be used only if permitted by the Specifications 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work Stored materials shall be reasonably accessible for inspection The Contractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the Contract 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations Steel pipe in sizes less than 450 mm (18 inches) and vitrified clay and cast iron pipe in all sizes are acceptable upon certification as to compliance with the Specifications, subject to sampling and testing by the Agency Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc , are subject to inspection at the job site only Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc , are subject to inspection at the source, normally only for performance testing The Specifications may require inspection at the source for other items not typical of those listed in this section 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, dewatermg and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.3,2 Inspection of Materials Not Locally Produced. When the Contractor intends to purchase materials, fabricated products, or equipment from sources located more than 80 km (50 miles) outside the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process This approval shall be obtained before producing any material or equipment The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications The Contractor shall forward reports required by the Engineer No material or equipment shall be shipped nor shall any processing, fabrication or treatment of such Revised 7/17/06 Contract No 3821-1 Page 72 of 120 Pages materials be done without proper inspection by the approved agent Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements V 4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory services within 80 km (50 miles) of the geographical limits of the Agency For private contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the permittee 4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the Engineer Unless otherwise provided, all initial testing will be performed under the direction of the Engineer, and at no expense to the Contractor If the Contractor is to provide and pay for testing, it will be stated in the Specifications For private contracts, the testing expense shall be borne by the permittee The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests The notice shall name the proposed supplier and source of material If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to renotify the Engineer when samples which are representative may be obtained Except as specified in these Supplemental Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Supplemental Provisions The cost of all other tests shall be borne by the Contractor At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started All materials proposed for use may be inspected or tested at any time during their preparation and use If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifications and accept the manufacturer's written certification that the materials to be supplied meet those requirements Material test data may be required as part of the certification 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent The Engineer shall determine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description Revised 7/17/06 Contract No 3821-1 Page 73 of 120 Pages and shall be deemed to be followed by the words or equal A listing of materials is not intended to be comprehensive, or in order of preference The Contractor may offer any material, process, or equipment considered to be equivalent to that indicated The substantiation of offers shall be submitted as provided in the contract documents The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function Test methods shall be subject to the approval of the Engineer Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent The Engineer's findings shall be final Installation and use of a substitute item shall not be made until approved by the Engineer If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section The Contractor is responsible for the satisfactory performance of substituted items If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency 4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regulations pertaining to weighing devices A certificate of compliance shall be presented, prior to operation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency All scales shall be arranged so they may be read easily from the operator's platform or area They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible Scales shall be accurate to within 1 percent when tested with the plant shut down Weighing equipment shall be so insulated against vibration or moving of other operating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1 5 percent for any batch 4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain- measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed 12 months and following repairs, modification, or relocation of the equipment Calibration certificates shall be provided when requested by the Engineer Am¥ Revised 7/17/06 Contract No 3821-1 Page 74 of 120 Pages 4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Modified Asphalts). In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the Agency and the Contractor will initiate an immediate and cooperative investigation Test values of materials are results of the materials' tests, as defined by these Specifications or by the special provisions, required to accept the Work Credible evidence is process observations or test values gathered using industry accepted practices A contradiction exists whenever test values or process observations of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect The investigation shall allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available information and, when necessary, gather new and additional information in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction If the cooperative investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the cooperative investigation concluded. Whenever the cooperative investigation is unable to reach resolution, the investigation may then either conclude without resolution or continue by written notification of one party to the other requesting the implementation of a resolution process by committee The continuance of the investigation shall be contingent upon recipient's agreement and acknowledged in writing within 3 calendar days after receiving a request Without acknowledgement, the investigation shall conclude without resolution The committee shall consist of three State of California Registered Civil Engineers Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer The goal in selection of the third member is to complement the professional experience of the first two engineers Should the two engineers fail to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw The committee shall be a continuance of the cooperative investigation and will re-consider all available information and if necessary gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction The committee will focus upon the performance adequacy of the matenal(s) using standard engineering principles and practices and to ensure public value, the committee may provide engineering recommendations as necessary Unless otherwise agreed, the committee will have 30 calendar days from its formation to complete their review and submit their findings The final resolution of the committee shall be by majority opinion, in writing, stamped and signed Should the final resolution not be unanimous, the dissenter may attach a written, stamped, and signed minority opinion Once started, the resolution process by committee shall continue to full conclusion unless: 1 Within 7 days of the formation of the committee, the Agency and the Contractor reach an acceptable resolution mechanism; or 2 Within 14 days of the formation of the committee, the initiating party withdraws its written notification and agrees to bear all investigative related costs thus far incurred, or 3 At any point by the mutual agreement of the Agency and the Contractor Unless otherwise agreed, the Contractor shall bear and maintain a record for all the investigative costs until resolution Should the investigation discover assignable causes for the contradiction, the assignable party, the Agency or the Contractor, shall bear all costs associated with the investigation Should assignable causes for the contradiction extended to both parties, the investigation will assign costs cooperatively with each party or when necessary, equally Should the investigation substantiate a contradiction without assignable cause, the investiga- tion will assign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substantiate a contradiction, the initiator of the investigation shall bear all investigative costs All claim notification requirements of the contract pertaining to the contradiction shall be suspended until the investigation is concluded m¥ Revised 7/17/06 Contract No 3821-1 Page 75 of 120 Pages 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work Materials shall be delivered to the site of the work only during working hours, as defined in section 6-7 2, and shall be accompanied by bills of lading that shall clearly state for each delivery the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the matenal(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. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the Contractor shall assume that every property parcel will be served by a service connection for each type of utility As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall contact the regional notification center (Underground Service Alert of Southern California) and obtain an inquiry identification number The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for location of its subsurface installations The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work 5-2 PROTECTION. The Contractor shall not interrupt the service function or disturb the support of any utility without authority from the owner or order from the Agency All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with 5-1, the Contractor shall, unless otherwise provided, furnish and place the necessary protection at its expense Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing When authorized by the Engineer, support or protection of the utility will be paid for as provided in 3-2.2 3 or 3-3 Am¥ Revised 7/17/06 Contract No 3821-1 Page 76 of 120 Pages The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in 5-1 When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense 1 Furnish and install a 50 mm (2 inch) cushion of expansion joint material or other similar resilient material, or 2 Provide a sleeve or other opening which will result in a 50 mm (2 inch) minimum-clear annular space between the concrete and the utility, or 3 Provide other acceptable means to prevent embedment in or bonding to the concrete Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation, or where the coating, bedding or other cathodic protection system is exposed or damaged by the Contractor's operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system 5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering portions of utilities shown on the Plans or indicated in the Bid documents as "abandoned" or "to be abandoned in place" Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals 5-4 RELOCATION. When feasible, the owners responsible for utilities within the area affected by the Work will complete their necessary installations, relocations, repairs, or replacements before commencement of work by the Contractor When the Plans or Specifications indicate that a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except as provided in 301-1 6 Utilities which are relocated in order to avoid interference shall be protected in their position and the cost of such protection shall be included in the Bid for the items of work necessitating such relocation After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference Such changes will be paid for in accordance with 3-2 When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and property line, or between a meter and the limits of temporary construction or slope easements The relocation of such service connections will be paid for in accordance with provisions of 3-3 Payment will include the restoration of all existing improvements which may be affected thereby The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections The Agency will not be involved in any such agreement In conformance with section 5-6 the Contractor shall coordinate the work with utility agencies and companies Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others In order to Revised 7/17/06 Contract No 3821-1 Page 77 of 120 Pages minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company Such temporary omission shall be for the Contractor's convenience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with the temporary omission The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer 5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities Said notification shall be included as a part of the construction schedule required in 6-1 The Contractor shall notify the Engineer in writing of any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with 5-1 The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing work correctly shown on the Plans The Agency will assume responsibility for the timely removal, relocation, or protection of existing mam or trunklme utility facilities within the area affected by the Work if such utilities are not identified in the Contract Documents The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. If the Contractor sustains loss due to delays attributable to interferences, relocations, or alterations not covered by 5-1, which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor's actual loss as was unavoidable and the Contractor may be granted an extension of time 5-6 COOPERATION. When necessary, the Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work SECTION 6 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. 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 fourteen (14) calendar days after receipt of the "Notice to Proceed". 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per section 6-4 No separate payment will be made for the Contractor's attendance at the meeting The notice to proceed will only be issued on or after the completion of the preconstruction meeting A•^ Revised 7/17/06 Contract No 3821-1 Page 78 of 120 Pages 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of Section 2-5 3 The submittal of the Baseline Construction Schedule shall include each item and element of Sections 6-1 2 through 6- 1 2 9 and shall be on hard (paper) copy and electronic media conforming to Section 6-1 3 3 Electronic Media The Baseline Construction Schedule and its corresponding tasks and milestones shall incorporate any, and all, restrictions resulting from the Resource Agency Permits 6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the precedence diagram method (activity-on-node) format The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependence of all activities required to represent the complete performance of all project work as well as periods where work is precluded The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to proceed and conclude with the date of final completion per the contract duration The Baseline Construction Schedule shall include detail of all project phasing, staging, and sequencing, including all milestones necessary to define beginning and ending of each phase or stage. 6-1.2.1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a complete time-scaled network diagram showing all of the activities, logic relationships, and milestones comprising the schedule. 6-1.2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity the identification number, the description, the duration, the early start, the early finish, the late start, the late finish, the total float, and all predecessor and successor activities for the activity described 6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis The bar chart shall use differing texture patterns or distinctive line types to show the critical path 6-1.2.4 Schedule Software. The Contractor shall use commercially available software equal to the Windows 2000 compatible "Suretrak" program by Primavera or "Project" program by Microsoft Corporation to prepare the Baseline Construction Schedule and all updates thereto The Contractor shall submit to the Agency a CD-ROM data disk with all network information contained thereon, in a format readable by a Microsoft Windows 2000 system The Agency will use a "Suretrak", "Project" or equal software program for review of the Contractor's schedule Should the Contractor elect to use a scheduling program other than the "Suretrak" program by Primavera or "Project" program by Microsoft Corporation the Contractor shall provide the Engineer three copies of the substituted program that are fully licensed to the Agency and 32 class hours of on-site training by the program publisher for up to eight Agency staff members The classes shall be presented on Mondays through Thursdays, inclusive, between the hours of 8 00 a m and 5 00 p m The on-site training shall be held at 1635 Faraday Avenue, Carlsbad, California The dates and times of the on-site training shall be submitted to the Engineer for approval five working days before the start of the on-site training The on-site training shall be completed prior to the submittal of the first Baseline Construction Schedule 6-1.2.5 Schedule Activities. Except for submittal activities, activity durations shall not be shorter than 1 working day nor longer than 15 working days, unless specifically and individually allowed by the Engineer. The Baseline Construction Schedule shall include between 100 and 500 activities, including submittals, interfaces between utility companies and other agencies, project milestones and equipment and material deliveries The number of activities will be sufficient, in the judgment of the A•^ Revised 7/17/06 Contract No 3821-1 Page 79 of 120 Pages Engineer, to communicate the Contractor's plan for project execution, to accurately describe the project work, and to allow monitoring and evaluation of progress and of time impacts Each activity's description shall accurately define the work planned for the activity and each activity shall have recognizable beginning and end points 6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it 6-1.2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency supplied materials, equipment, or services, which may impact any activity's construction shall be shown as a restraint to those activities Time periods to accommodate the review and correction of submittals shall be included in the schedule 6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified contract duration will not be acceptable and will be grounds for determination of default by Contractor, per section 6-4 6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor's plan to support and maintain the project for the entire contractual time span of the project Should the Contractor propose a project duration shorter than contract duration, a complete Baseline Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of section 6-1 The Engineer may choose to accept the Contractor's proposal of a project duration shorter than the duration specified, provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule The Agency's acceptance of a shortened duration project will be confirmed through the execution of a contract change order revising the project duration and implementing all contractual requirements including liquidated damages in accordance with the revised duration 6-1.2.10 Engineer's Review. The Construction Schedule is subject to the review of the Engineer The Engineer's determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engineer Failure of the Contractor to obtain the Engineer's determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions within thirty (30) working days after the date of the preconstruction meeting shall be grounds for termination of the contract per section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 working days of submittal The Baseline Construction Schedule will be returned marked as per sections 6-1 2101 through 6-1 2103 6-1.2.10.1 "Accepted." The Contractor may proceed with the project work upon issuance of the Notice to Proceed, and will receive payment for the schedule in accordance with section 6-1 8 1 i, " 6-1.2.10.2 "Accepted with Comments." The Contractor may proceed with the project work upon issuance of the Notice to Proceed The Contractor must resubmit the schedule incorporating the comments prior to receipt of payment per section 6-181 . Am& Revised 7/17/06 Contract No 3821-1 Page 80 of 120 Pages 6-1.2.10.3 "Not Accepted." The Contractor must resubmit the schedule incorporating the corrections and changes of the comments prior to receipt of payment per section 6-1 8 1 The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" or "Accepted with Comments" by the Engineer The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" by the Engineer 6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the Engineer during the last week of each month to agree upon each activity's schedule status and shall submit monthly updates of the Baseline Construction Schedule confirming the agreements no later than the fifth working day of the following month The monthly update will be submitted on hard (paper) copy and electronic media conforming to section 6-1 3 3 Electronic Media per the submittal requirements of section 2-5 3 and will include each item and element of sections 6-1.2 through 6-1 2 9 and 6-1 3 1 through 6-1 3 7 6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during the month After first reporting an actual date, the Contractor shall not change that actual date in later updates without specific notification to the Engineer with the update 6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the Contractor shall report the percentage determined by the Engineer as complete for the activity 6-1.3.3 Electronic Media. The schedule data disk shall be a CD-ROM, labeled with the project name and number, the Contractor's name and the date of preparation of the schedule data disk The schedule data disk shall be readable by the software specified in section 6-1 2 4 "Schedule ^\ Software" and shall be free of file locking, encryption or any other protocol that would impede full (^ J access of all data stored on it 6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic, with an explanation for each change 6-1.3.5 Change Orders. Each monthly update will include the addition of the network revisions reflecting the change orders approved in the previous month The network revisions will be as agreed upon during the review and acceptance of the Contractor's change orders. 6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis The bar chart shall use differing texture patterns or distinctive line types to show the critical path 6-1. 4 Engineer's Review of Updated Construction Schedule. The Engineer will review and return the Updated Construction Schedule to the Contractor, with any comments, within 5 working days of submittal The Updated Construction Schedule will be returned marked as per sections 6-1 4 1 through 6-1 4 3 Any Updated Construction Schedule marked "Accepted with Comments" or "Not Accepted" by the Engineer will be returned to the Contractor for correction Upon resubmittal the Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor, with any comments, within 5 working days Failure of the Contractor to submit a monthly updated construction schedule will invoke the same consequences as the Engineer returning a monthly updated construction schedule marked "Not Accepted" 6-1.4.1 "Accepted." The Contractor may proceed with the project work, and will receive payment for the schedule in accordance with section 6-182 oRevised 7/17/06 Contract No 3821-1 Page 81 of 120 Pages 6-1.4.2 "Accepted with Comments." The Contractor may proceed with the project work The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per section 6-1 82 6-1.4.3 "Not Accepted." The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per section 6-1 8 2 The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted and marked "Accepted" by the Engineer before the last day of the month in which the Updated Construction Schedule is due If the Contractor fails to submit the corrected Updated Construction Schedule as required herein the Contractor may elect to proceed with the project at its own risk Should the Contractor elect not to proceed with the project, any resulting delay, impact, or disruption to the project will be the Contractor's responsibility 6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion or contractually required milestone date later than the properly adjusted contract or milestone duration, the Agency may withhold Liquidated Damages for the number of days late Should a subsequent "Accepted" Schedule Update remove all or a portion of the delay, all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the Contractor immediately following the "Accepted" schedule. 6-1.6 Interim Revisions. Should the actual or projected progress of the work become substantially different from that depicted in the Project Schedule, independently of and prior to the next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list and explanation of each change made to the schedule The Revised Construction Schedule will be submitted per the submittal requirements of section 2-5 3 and per the schedule review and acceptance requirements of section 6-1, including but not limited to the acceptance and payment provisions As used in this subsection "substantially different" means a time variance greater than 5 percent of the number of days of duration for the project 6-1.7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent of the construction work is completed The Contractor's Final Schedule Update must accurately represent the actual dates for all activities The final schedule update shall be prepared and reviewed per sections 6-1 3 Preparation of Schedule Updates and Revisions and 6-1 4 Engineer's Review of Updated Construction Schedule Acceptance of the final schedule update is required for completion of the project and release of any and all funds retained per section 9-32. 6-1.8 Measurement and Payment. Construction Schedule will be paid for at the stipulated lump sum price of twenty thousand dollars ($20,000 00) The stipulated lump sum price paid for Construction Schedule shall include full compensation for furnishing all labor, materials including, but not limited to, the computer hardware and software, tools, equipment, and incidentals, and for doing all the work involved in attending meetings, preparing, furnishing, updating, revising the tabular, bar and flow chart Construction Schedules and narrative reports required by these supplemental provisions and as directed by the Engineer The Engineer's determination that each and any construction schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be precedent to each and any payment for the Construction Schedule Payments for Construction Schedule will be made as per Sections 6-1 8 1 through 6-1.83 m¥ Revised 7/17/06 Contract No 3821-1 Page 82 of 120 Pages 6-1.8.1 Initial Payment. Six thousand dollars ($6,000.00) of the stipulated lump sum bid for the ^^ Construction Schedule will be made when the Engineer has accepted a Construction Schedule for C j this project ^ ' 6-1.8.2 Monthly Updated Construction Schedule Payments. Monthly Updated Construction Schedule Payments of one thousand dollars ($1,000.00 will be made subsequent to the initial payment for the Construction Schedule for each monthly Construction Schedule, updated as required herein, that the Engineer has accepted as sufficient within the month that the monthly progress payment pertains No payment shall be made, nor shall any payment accrue, for any monthly updated construction schedule that is not marked "Accepted" by the Engineer on or before the twentieth working day of the month such monthly updated construction schedule is due per Section 6-1 3 Preparation of Schedule Updates and Revisions The sum of the amounts paid for Construction Schedule during the initial and subsequent payment periods, or extensions to the contract, shall not exceed the stipulated lump sum price for Construction Schedule 6-1.8.3 Concluding Payment. A Final payment of three thousand dollars ($3,00000) for the Construction Schedule will be made when both one hundred percent of the contract work is completed and the Engineer has accepted a final construction schedule update prepared and submitted by the Contractor as required herein that shows the actual beginning and ending dates and all other data that is required for baseline and update schedules for each activity shown on the baseline construction schedule and updates thereto that the Engineer accepted for this project 6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to restore street and other work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligently prosecute the Work to completion If the Engineer determines that the Contractor is failing to ^-^ prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, ( j immediately take steps to remedy the situation All costs of prosecuting the Work as described herein -^ shall be included in the Contractor's Bid Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps As soon as possible under the provisions of the Specifications, the Contractor shall backfill all excavations and restore to usefulness all improvements existing prior to the start of the Work If Work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor If the Contractor fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor Such actions will not relieve the Contractor from liability 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications The work includes construction of a new control building, an outlet pipe slip-lining repair, spillway apron and channel improvements, access improvements, establishment of utility services, and the replacement of the outlet control tower with a laid-back outlet pipe system accompanied by a partial demolition of the outlet control tower Throughout the construction period the Contractor is responsible for maintaining the existing lake level The lake's primary water outlet is contained within the existing Outlet Tower Included in this project is the partial demolition of the Outlet Tower Upon installation of the lift-in cofferdam, flows ^^ thru the outlet pipe contained within the Outlet Tower will be stopped It is the Contractor's C j responsibility to submit, for approval by the Engineer, a Lake Level Control Program detailing the by- \ -^ pass method and operational lake level control plan to address lake level control throughout the A•^ Revised 7/17/06 Contract No 3821-1 Page 83 of 120 Pages construction period (with and without the installation of the lift-in cofferdam) This plan will need to address the method of lake level control throughout the project's duration and will need to specifically address the period when the lift-in cofferdam is used, including the Outlet Pipe sliplming work and the partial demolition of the Outlet Control Tower, and address any inflows, including precipitation events, throughout the construction period until acceptance of the operational controls A number of Resource Agency Permits have been acquired for this project The Contractor shall ensure that the Calavera Dam Construction Phasing will be in compliance with any, and all, requirements and conditions imposed upon the project 6-2.2.1 Phase I. Prior to beginning construction, Contractor shall excavate, expose, and determine ("pothole") the exact location and depth of each and every potential interference including, but not limited to, all facilities shown specifically (depth and location) on the Construction Drawings (Plans), or which have been located and marked by respective non-member companies or utilities Implementation of an approved Lake Level Control Program is necessary to eliminate uncontrolled water releases via the spillway channel 6-2.2.2 Phase II. Prior to beginning the slip-lining construction Contractor shall gam access to the Outlet Box at the base of the dam utilizing the existing spillway channel as indicated on the plans All other site work incidental to this project, including utility construction, is to be coordinated accordingly Reference Resource Agency permits for any, and all, restrictions to construction activities 6-2.2.3 Phase III. Underwater Construction Contractor shall maintain the lake level as necessary to eliminate the potential of lake water discharging into the spillway channel during the construction effort A barge and crane is to be mobilized to facilitate the slip-lining procedure, the installation of the 24-inch Laid-Back Outlet Pipe, and the partial demolition of the Outlet Tower In summary, the construction sequence for the Outlet Pipe, Conduits, Slip-Lining, and Pull Boxes is 1 Mobilize barge and crane 2 Drive vertical piles (remove riprap rock blanket temporarily for driving and then replace) 3 Excavate (dredge) a trough for the conduit bank and pull boxes 4 Install the precast concrete pull boxes and the precast concrete conduit bank beams, beginning with the lowest elevation component and working outward and upward along the slope of the dam 5 Backfill rock facing around the conduit and pull boxes 6 Install steel beams and pipe saddles at each of the three (3) pairs of piles 7 Install the 24-inch pipeline and valves Fasten the pipe in place with the steel straps 8 Connect the pneumatic, hydraulic, electrical, and air line conduits using divers when necessary 9 Mobilize the temporary Lift-In Cofferdam to isolate the Outlet Tower and install steel plates over Outlet Tower Ports Contractor shall control lake level while the Outlet Tower is isolated and eliminate the potential of lake water discharges during rain storm events 10 Slip-line the 30-inch RCP Outlet Pipe with the 28-inch HOPE slip liner (may occur concurrently with previous steps) 11 Construct interior 24-inch pipe within the Outlet Tower 12 Remove temporary Lift-In Cofferdam 13 Connect the 24-inch laid-back pipeline to newly constructed flange on the exterior of the Outlet Tower Underwater construction shall not demobilize prior to acceptance by the DSOD Field Inspector Phase IV. Testing and Start-Up Procedures Upon completion of the construction and installation of the telemetry panel, the Contractor shall schedule full start-up and testing of all equipment systems and facilities with the Agency's telemetry system providing automatic control functions. Contractor Revised 7/17/06 Contract No 3821-1 Page 84 of 120 Pages shall perform all start-up and equipment testing in accordance with the Contract Document requirements 6-2.3 Project Meetings. The Engineer will establish the time and location of bi-weekly Project Meetings The Contractor's Representative shall attend each Project Meeting The Project Representative shall be the individual determined under Section 7-6, "The Contractor's Representative" No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Agency The Contractor shall comply immediately with any written order of the Engineer Such suspension shall be without liability to the Contractor on the part of the Agency except as otherwise specified in 6-6 3 6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of archaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer When resumed, excavation operations within the area of discovery shall be as directed by the Engineer Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of 6-6 6-3.3 Breeding/Nesting Season. A number of Resource Agency permits and agreements have been acquired for this project The Contractor shall review and comply with all of the requirements and conditions included in said permits and agreements Refer to Section 6-7 2 for further details 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency's interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract The Contract may be canceled by the Board without liability for damage, when in the Board's opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board's consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that ^-^ part, and shall be paid by the Agency for all work performed by it in accordance with the Contract If ( j the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall ^ be payable to the Surety as the Work progresses, subject to the terms of the Contract Revised 7/17/06 Contract No 3821-1 Page 85 of 120 Pages If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the premises The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the Agency If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due The provisions of this subsection shall be in addition to all other rights and remedies available to the Agency under law 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6 3 Such unforeseen events may include war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof the proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule If delays beyond the Contractor's control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency The Contractor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6 3 If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in 6-6 2 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work They will not be granted for noncontrollmg delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant The determination of what damages the Contractor could have avoided will be made by the Engineer 6-6.4 Written Notice and Report. 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 *¥ Revised 7/17/06 Contract No 3821-1 Page 86 of 120 Pages Engineer, each working day, throughout the duration of such period of delay The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore 6-7 TIME OF COMPLETION. 6-7.1 General. The Contractor shall complete the Work within the time set forth in the Contract The Contractor shall complete each portion of the Work within such time as set forth in the Contract for such portion Unless otherwise specified, the time of completion of the Contract shall be expressed in working days The Contractor shall diligently prosecute the work to completion within two hundred ten 210 working days after the starting date specified in the Notice to Proceed 6-7.2 Working Day. A working day is any day within the period between the start of the Contract time as defined m Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than 1 Saturday, 2 Sunday, 3 any day designated as a holiday by the Agency, 4 any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association, 5 any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6 1, ^-^ 6 any day the Contractor is prevented from working during the first 5 hours with at least 60 ( j percent of the normal work force for cause as defined in Section 6-6 1 Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7 00 a.m and 4 00 p m on Mondays through Fridays, excluding Agency holidays The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency The Contractor shall pay the inspection costs of such work A number of Resource Agency permits and agreements have been acquired for this project The Contractor shall review and comply with all of the requirements and conditions included in said permits and agreements The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule required by Section 6.1. Pursuant to the California Department of Fish and Game Notification No 1600-2004-0101-R5 Condition No 16, the Contractor shall not conduct project activity within the stream from February 15 to September 1 to avoid impacts to nesting birds. However, the Operator may remove vegetation during this time if a qualified biologist conducts a survey for nesting birds in all areas within 300 feet of the proposed activity, within 48 hours prior to the vegetation removal and ensures no nesting birds shall be impacted by the project The results of the survey shall be provided in written report to the Department of Fish and Game If nesting birds are present, no work shall occur until the sensitivity of the bird species has been identified and appropriate buffer zones have been determined by the Department of Fish and Game Pursuant to the Department of the Army Nationwide Permit Authorization Special Conditions Revised 7/17/06 Contract No 3821-1 Page 87 of 120 Pages Endangered Species Act No 1 A "Clearing of coastal sage scrub within the project alignment shall be restricted to outside of the gnatcatcher breeding season (August 16 through February 28)" Pursuant to the Department of the Army Nationwide Permit Authorization Special Conditions Endangered Species Act No 1 B "Construction during the gnatcatcher breeding season shall be avoided OR construction noise levels shall be maintained below 60 dBA Leq at occupied nest locations The maintenance of appropriate noise levels shall be confirmed through protocol gnatcatcher surveys to determine presence of all gnatcatcher within 500 feet of project construction and noise measurement at nest locations during peak construction activity by a qualified acoustician" A Monitoring Biologist will be on-site during initial clearing and grubbing of habitat, and during grading operations The initial clearing and grubbing of habitat will be done outside of the gnatcatcher breeding season The grading of the Control Building and the Spillway will be part of this contract For subsequent construction work to be performed during the gnatcatcher breeding season the Monitoring Biologist will be onsite during significant noise-generating project construction activities (i e , including but not necessarily limited to pile driving and foundation trenching) within 300 feet of nesting birds to ensure compliance with all applicable mitigation measures identified in the CEQA documentation and conditions identified in the Agency Permits If such nesting activities, including egg incubation activities are found within 300 feet of the noise- generating construction, the Monitoring Biologist shall determine whether the nesting activities are being disrupted If the Biologist determines that bird nesting activity is being disrupted, the Contractor shall stop work on the noise-generating construction until the Biologist certifies that nesting activities have been completed, or alternatively the Contractor may construct or use noise barriers which are confirmed by the Biologist to mitigate noise levels to a level equal to, or below, 60 dBA at the location(s) of the nests Noise-generating construction outside of the gnatcatcher breeding season is not subject to these regulations The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule required by Section 61. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section 6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time These determinations will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period The statement will also indicate the number of working days charged during the reporting period and the number of working days of Contract time remaining If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest Otherwise, the statement will be deemed to have been accepted 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engineer for acceptance upon receipt of the Contractor's written assertion that the Work has been completed The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is •^ Revised 7/17/06 Contract No 3821 -1 Page 88 of 120 Pages 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 ^ J 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 All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Agency may perform this work and the Contractor's sureties shall be liable for the cost thereof 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of nine hundred dollars ($900) Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs Execution of the Contract shall constitute agreement by the Agency and Contractor that nine hundred s~^ dollars ($900) per day is the minimum value of costs and actual damages caused by the Contractor ( j to complete the Work within the allotted time Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to take over and utilize all or part of any completed facility or appurtenance The Contractor will be notified in writing in advance of such action Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence The Contractor will not be required to reclean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials In the event the Agency exercises its right to place into service and utilize all or part of any completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of ^—, the Work Such equipment and facilities shall meet all requirements of applicable ordinances and ( j laws ^ A•^ Revised 7/17/06 Contract No 3821-1 Page 89 of 120 Pages 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State, and local laws related to labor The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages, the 8-hour day and 40-hour week, overtime, Saturday, Sunday, and holiday work, and nondiscrimma- tion because of race, color, national origin, sex, or religion The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations In accordance with the Labor Code, the Board has on file and will publish a schedule of prevailing wage rates for the types of work to be done under the Contract The Contractor shall not pay less than these rates Each worker shall be paid subsistence and travel as required by the collective bargaining agreement on file with the State of California Department of Industrial Relations The Contractor's attention is directed to Section 1776 of the Labor Code which imposes responsibility upon the Contractor for the maintenance, certification, and availability for inspection of such records for all persons employed by the Contractor or Subcontractor in connection with the project The Contractor shall agree through the Contract to comply with this Section and the remaining provisions of the Labor Code. 7-3 LIABILITY INSURANCE. The Contractor shall furnish the Agency a policy or certificate of liability insurance in which the Agency is the named insured or is named as an additional insured with the Contractor 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 Notwithstanding any inconsistent statement in the policy or any subsequent endorsement, the Agency shall be the insured or as an additional insured covering the Work, whether liability is attributable to the Contractor or the Agency The policy shall insure the Agency, its officers, employees, and agents, while acting within the scope of their duties on the Work, against all claims arising out of or in connection with the Work, except as provided in 6-10 The Contractor may file insurance acceptable to the Agency covering more than one project The coverage shall provide the following minimum limits Bodily Injury $250,000 each person $500,000 each occurrence $500,000 aggregate products and completed operations Property Damage $100,000 each occurrence $250,000 aggregate A combined single limit policy with aggregate limits in the amount of $1,000,000 will be considered equivalent to the required minimum limits Revised 7/17/06 Contract No 3821-1 Page 90 of 120 Pages Except as provided in 6-10, the Contractor shall save, keep, and hold harmless the Agency, its officers and agents from all damages, costs or expenses in law or equity that may at any time arise or be set up because of damages to property, or of personal injury received by reason of or in the course of performing work, which may be caused by any willful or negligent act or omission by the Contractor, any of the Contractor's employees, or any Subcontractor The Agency will not be liable for any accident, loss or damage to the Work prior to its completion and acceptance, except as provided in 6-10 All liability insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with any applicable law or statute, but in no event less than 30 days before expiration or cancellation is effective The cost of this insurance shall be included in the Contractor's Bid 7-4 WORKERS' COMPENSATION INSURANCE. Before execution of the Contract by the Board, the Contractor shall file with the Engineer the following signed certification "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract" The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execution of the ^^^ Contract The Agency, its officers, or employees, will not be responsible for any claims in law or f\ equity occasioned by failure of the Contractor to comply with this paragraph V J All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way Contractor shall not begin work until all permits incidental to the work are obtained The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefore The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overload, blasting, and demolition For private contracts, the Contractor shall obtain all permits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-5.1 Resource Agency Permits. Resource agency permits for the Work are included in Appendices A-D of these supplemental provisions Resource agency permits pertaining to this project include 1) California Department of Fish and Game permit number 1600-2004-0101-R5 A(Mr Revised 7/17/06 Contract No 3821-1 Page 91 of 120 Pages 2) California Water Quality Control Board permit File number 04C-077 issued on 5/5/06 and amended on 8/11/06 3) United States Army Corps of Engineers File number 200400983-KJC issued on 11/6/06 4) Department of Water Resources Division of Safety of Dams Contractor shall perform all work in accordance with all applicable provisions of said permits The cost of compliance with permit provisions shall be included in the price for the appropriate bid items and no additional compensation will be allowed therefore 7-5.1 Carlsbad Conditional Use Permit. The Agency has obtained a Conditional Use Permit for the specified work A copy of said permit is included in Appendix G of these supplemental provisions Contractor shall perform all work in accordance with all applicable provisions of said permits The cost of compliance with permit provisions shall be included in the price for the appropriate bid items and no additional compensation will be allowed therefore 7-6 THE CONTRACTOR'S REPRESENTATIVE. Before starting work, the Contractor shall designate in writing a representative who shall have complete authority to act for it An alternative representative may be designated as well The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property Any order or communication given to this representative shall be deemed delivered to the Contractor A joint venture shall designate only one representative and alternate In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies Such order shall be complied with promptly and referred to the Contractor or its representative. In order to communicate with the Agency, the Contractor's representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others The Contractor will not be entitled to additional compensation from the Agency for damages resulting from such simultaneous, collateral, and essential work If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time During the construction period of the Lake Calavera Remedial Improvements project the Contractor shall coordinate any and all access issues related to concurrent construction on-site It is anticipated that a trail construction project will utilize the common accessway and will be located on the dam property The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the trail construction. No additional compensation will be made to the Contractor for any such delay. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies Revised 7/17/06 Contract No 3821-1 Page 92 of 120 Pages during the relocation or construction of their lines The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company No additional compensation will be made to the Contractor for any such delay 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods When required by the Plans or Specifications, the Contractor shall furnish and operate a self-loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete Materials and equipment shall be removed from the site as soon as they are no longer necessary Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes Any such spillage shall be removed immediately and the area cleaned Excess excavation material from catch basins or similar structures shall be removed from the site immediately Sufficient material may remain for use as backfill if permitted by the Specifications Forms and form lumber shall be removed from the site as soon as practicable after stripping Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected No additional compensation will be allowed as a result of such suspension Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing authorities The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the Work These accommodations shall be maintained in a neat and sanitary Revised 7/17/06 Contract No 3821-1 Page 93 of 120 Pages condition They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps Wastewater shall not be interrupted Should the Contractor disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system Sewage shall not be permitted to flow in trenches or be covered by backfill 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense These include piping, wiring, lamps, and other equipment necessary for the Work The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract The Contractor shall contact the appropriate water agency for requirements The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit Number CAS000002, Waste Discharge Requirements (WDR's) for Discharges of Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations A model Storm Water Pollution Prevention Plan (SWPPP) is provided to the Contractor, in Section 02372, for use in preparing the Project SWPPP for approval by the City The Contractor shall be responsible for the preparation and implementation of the SWPPP and coordination with the City and the Regional Water Quality Control Board All costs for preparing and implementing the Storm Water Pollution Prevention and Monitoring Plans and coordination with the City and the Regional Water Quality Control Board shall be included as part of the contract price bid 7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work areas Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic concrete, or other acceptable material will be permitted when necessary Such dams shall be removed from the site as soon as their use is no longer necessary 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8 48 Numerous Resource Agency permits have been acquired for the Lake Calavera Remedial Improvements project These permits have noise related construction restrictions during the nesting season During the restricted time periods a Monitoring Biologist will be on-site during initial clearing and grubbing of habitat, during grading operations and during other noise producing activities The m¥ Revised 7/17/06 Contract No 3821-1 Page 94 of 120 Pages initial clearing and grubbing of habitat will be done outside of the gnatcatcher breeding season The ^^ grading of the Control Building and the Spillway will be part of this contract ( j For subsequent construction work to be performed during the gnatcatcher breeding season (Feb 15 through Aug 30) the Monitoring Biologist will be onsite during significant noise-generating project construction activities (i e , including but not necessarily limited to pile driving and foundation trenching) within 300 feet of nesting birds to ensure compliance with all applicable mitigation measures identified in the CEQA documentation and conditions identified in the Agency Permits If such nesting activities, including egg incubation activities are found within 300 feet of the noise- generating construction, the Monitoring Biologist shall determine whether the nesting activities are being disrupted If the Biologist determines that bird nesting activity is being disrupted, the Contractor shall stop work on the noise-generating construction until the Biologist certifies that nesting activities have been completed, or alternatively the Contractor may construct or use noise barriers which are confirmed by the Biologist to mitigate noise levels to a level equal to, or below, 60 dBA at the location(s) of the nests Noise-generating construction outside of the gnatcatcher breeding season is not subject to these regulations 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e g , curbs, sidewalks, driveways, fences, walls, signs, utility installations, ^-^ pavement, structures, etc) which are damaged or removed as a result of its operations When a ( J portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall be done in conformance with 307-1 5 Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury If damaged or removed due to Contractor's operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible Lawns shall be reseeded and covered with suitable mulch The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor's operations shall cause no unnecessary inconvenience The access rights of the public shall be considered at all times Unless otherwise authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided Revised 7/17/06 Contract No 3821-1 Page 95 of 120 Pages Safe and adequate pedestrian and vehicular access shall be provided and maintained to fire hydrants, commercial and industrial establishments, churches, schools and parking lots, service stations and motels, hospitals, police and fire stations, and establishments of similar nature Access to these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian crossings of the Work at intervals not exceeding 90 m (300 feet), shall be maintained unless otherwise approved by the Engineer Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time If backfill has been completed to the extent that safe access may be provided, and the street is opened to local traffic, the Contractor shall immediately clear the street and driveways and provide and maintain access The Contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services Grading operations, roadway excavation and fill construction shall be conducted by the Contractor in a manner to provide a reasonably satisfactory surface for traffic When rough grading is completed, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic Unless otherwise authorized, work shall be performed in only one-half the roadway at one time One half shall be kept open and unobstructed until the opposite side is ready for use If one-half a street only is being improved, the other half shall be conditioned and maintained as a detour. The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery The Contractor shall not schedule work so as to conflict with trash pickup The trash hauling schedule can be obtained by calling the City's contracted waste disposal company, Coast Waste Management at 929-9417 During overlay operations, the Contractors schedule for overlay application shall be designated to provide residents and business owners whose streets are to be overlaid sufficient paved parking within an 800 foot distance from their homes or businesses Seventy-two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption For a full street closure, all residences and/or businesses on the affected street or alley shall be notified For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24-hour number answered by someone who is knowledgeable about the project At least one of the phone numbers shall be in the (760) area code An answering machine shall not be connected to either number. The notification shall -also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval Notices shall not be distributed until approved by the Engineer For residences; the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing The material shall be equivalent in strength and durability to Am& Revised 7/17/06 Contract No 3821-1 Page 96 of 120 Pages 65 Ib card stock The printing on the notice shall be no smaller than 12 point An example of such notice is provided in Appendix "A" In addition to the notifications, the contractor shall post no parking signs 48 hours in advance of the work being performed The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location Failure of the contractor to meet the posted date requires re-posting the no parking signs 48 hours in advance of the rescheduled work If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 48 hours in advance of the rescheduled work The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices The Contractor shall include in its Bid all costs for the above requirements 7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways for more than 5 days after unloading All materials or equipment not installed or used in construction within 5 days after unloading shall be stored elsewhere by the Contractor at its expense unless authorized additional storage time Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days after it is no longer needed Time necessary for repair or assembly of equipment may be authorized by the Engineer Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless otherwise permitted After placing backfill, all excess material shall be removed immediately from the site 7-10.3 Street Closures, Detours, Barricades. The Contractor shall comply with all applicable State, County, and City requirements for closure of streets The Contractor shall provide barriers, guards, lights, signs, temporary bridges, flagpersons, and watchpersons The Contractor shall be responsible for compliance with additional public safety requirements which may arise The Contractor shall furnish and install signs and warning devices and promptly remove them upon completion of the Work After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following 1) The Engineer (760)602-2720 2) Carlsbad Fire Department Dispatch . . ... (760)931-2197 3) Carlsbad Police Department Dispatch . .. (760)931-2197 4) Carlsbad Traffic Signals Maintenance . . . (760)438-2980X2937 5) Carlsbad Traffic Signals Operations (760) 602-2752 6) North County Transit District... ... (760) 967-2828 7) Waste Management . . . (760) 929-9400 The Contractor shall comply with their requirements The Contractor shall obtain the Engineer's written approval prior to deviating from the requirements of 2) through, and including, 7) above The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops Revised 7/17/06 Contract No. 3821-1 Page 97 of 120 Pages The Contractor shall secure approval, in advance, from authorities concerned for the use of any bridges proposed by it for public use Temporary bridges shall be clearly posted as to load limit, with signs and posting conforming to current requirements covering "signs" as set forth in the Traffic Manual published by the California Department of Transportation. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required All costs involved shall be included in the Bid 7-10.3 Street Closures, Detours, Barricades. Add the following Traffic controls shall be in accordance with the plans, Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement and these Supplemental Provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25 00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan All construction area signs shall conform to the provisions of section 206-7 2 et seq All temporary reflective pavement markers shall conform to the provisions of section 214-5 1 et seq All temporary reflective channelizers shall conform to the provisions of section 214-52 et seq All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of section 210-1 6 et seq except that all temporary paint shall be rapid dry water borne conforming to section 210-1 Gfor materials and section 310-5 et seq For workmanship Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required Warning and advisory signs that remain in place overnight shall be stationary mounted signs Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions Care shall be used in performing excavation for signs in order to protect underground facilities All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in section 206-7 2 et seq If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS "Standard Specifications", except the sleeves shall be 180 mm (7") long Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any section closed to public traffic Whenever the Contractor's vehicles or equipment are parked on the shoulder within 18m (6') of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 76m (25') intervals to a point not less than 76m (25') past the last vehicle or piece of equipment A minimum of nine (9) cones or portable delineators shall be used for the taper A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or A•f Revised 7/17/06 Contract No 3821-1 Page 98 of 120 Pages telescoping flag tree with flags The signpost or flag tree shall be placed where directed by the Engineer 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement and provisions under "Maintaining Traffic" elsewhere in these Supplemental Provisions The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way Add the following section 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer The Contractor shall not start traffic striping operations using an alternative plan until the Contractor has submitted its plan to the Engineer and has received the Engineer's written approval of said plan Add the following section 7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the minimum standards specified in Chapter 5 of the "Traffic Manual", 1996 edition published by CALTRANS Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor When temporary pavement delineation is removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed by grinding Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed Revised 7/17/06 Contract No 3821-1 Page 99 of 120 Pages 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construction activities that are located within the traveled way The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans The Contractor must submit the TCP for the Engineer's review in conformance with the requirements of section 2-5 3, et seq and obtain the Engineer's approval of the TCP prior to implementing them The minimum 20-day review period specified in section 2-5 3 1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer's review New or revised TCP submittals shall include all TCP needed for the entire duration of the Work Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase When the vertical alignment of the traveled surface differs from the finished pavement elevation vertical curves must also be shown The Contractor may choose to modify, add to or supplement the TCP shown on sheets No 20-30 of Drawing No 440-4 of the contract documents or substitute TCP to further its own interests Such substitution shall be prepared in the level of detail, format, and graphics shall be of quality and size no less than those on "Standard Specifications Reference Traffic Control Plan" Drawing number 368-5 Such modifications, supplements and/or new design of TCP shall meet the requirements of the Engineer and Chapter 5 of the "Traffic Manual", 1996 Edition as published by CALTRANS Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California The Engineer shall be the sole judge of the suitability and quality of any such modifications, supplements, and/or new designs to TCP The Engineer may approve any such modifications, supplements, and/or new designs to the TCP when, in the Engineer's sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the registered professional engineer retained by the Contractor will be beneficial to the best interests of the Agency Such modification, addition, supplement, and/or new design shall not be implemented and no work shall be commenced that is contingent on such approval until the changed TCP are approved by the Engineer The preparation of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of section 2-5 3 Shop Drawings and Submittals 7-10.3.7 Payment. The Contractor shall prepare and implement traffic control plans and shall furnish all labor and materials to perform, install, maintain, replace and remove all traffic control as incidentals to the work with which they are associated and no other compensation will be allowed therefore 7-10.4 Safety. 7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts of Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued by the State Division of Industrial Safety The Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations A•^ Revised 7/17/06 Contract No 3821-1 Page 100 of 120 Pages Before excavating any trench 5 feet or more in depth, the Contractor shall submit a detailed plan to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for the workers'protection from the hazard of caving ground during the excavation of such trench If the plan varies from the shoring system standards, the plan shall be prepared by a registered Civil Engineer No excavation shall start until the Engineer has accepted the plan and the Contractor has obtained a permit from the State Division of Industrial Safety A copy of the permit shall be submitted to the Engineer Payment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety are provided, or required by law 7-10.4.2 Use of Explosives. Explosives may be used only when authorized in writing by the Engineer, or as otherwise stated in the Specifications Explosives shall be handled, used, and stored in accordance with all applicable regulations The Engineer's approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasting operations 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixtures may be required on the Work A Material Safety Data Sheet as described in Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions 7-10.4.4 Confined Spaces. (a) Confined Space Entry Program The Contractor shall be responsible for implementing, administering and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Title 8, CCR Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer The CSEP shall address all potential physical and environmental hazards and contain procedures for safe entry into confined spaces, including, but not limited to the following 1 Training of personnel 2 Purging and cleaning the space of materials and residue 3 Potential isolation and control of energy and material inflow 4 Controlled access to the space 5 Atmospheric testing of the space 6 Ventilation of the space 7 Special hazards consideration 8 Personal protective equipment 9 Rescue plan provisions Revised 7/17/06 Contract No 3821-1 Page 101 of 120 Pages The Contractor's submittal shall include the names of its personnel, including subcontractor personnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP (b) Permit-Required Confined Spaces Entry into permit-required confined spaces as defined in Section 5157, Title 8, CCR may be required as a part of the Work All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit- required confined spaces until the pre-entry procedures demonstrate otherwise The Contractor shall implement a permit space program prior to performing any work in a permit-required confined space A copy of the permit shall be available at all times for review by Contractor and Agency personnel at the Work site (c) Payment Payment for implementing, administering, and providing all equipment and personnel to perform the CSEP shall be included in the bid items for which the CSEP is required 7-10.4.4 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 7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work The Contractor shall indemnify and hold the Agency harmless from any legal action that may be brought for infringement of patents 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs The size and location shall be subject to the Engineer's approval Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and National laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work The Contractor shall at all times observe and comply with such laws, ordinances, and regulations Municipal ordinances that affect this work include Chapter 11 06 Excavation and Grading If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq of the Fish and Game Code shall become conditions of the contract 7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides "In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U S C Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the parties." A*^ Revised 7/17/06 Contract No 3821-1 Page 102 of 120 Pages SECTION 8 - FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL. No facilities are required for Agency personnel for this project SECTION 9 - MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9-1.1 General. Unless otherwise specified, quantities of work shall be determined from measurements or dimensions in horizontal planes However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis Unless otherwise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension The planimeter shall be considered an instrument of precision adapted to measurement of all areas 9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sections involved 9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system The Contractor shall furnish the Engineer with duplicate licensed weighmaster's certificates showing actual net weights The Agency will accept the certificates as evidence of weights delivered 9-1.4 Units of Measurement. The system of measure for this contract shall be the U S Standard Measures 9-2 LUMP SUM WORK. Items for which quantities are indicated "Lump Sum", "L.S ", or "Job", shall be paid for at the price indicated in the Bid Such payment shall be full compensation for the items of work and all work appurtenant thereto When required by the Specifications or requested by the Engineer, the Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item This schedule shall equal the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum 9-3 PAYMENT 9-3.1 General. The quantities listed in the Bid schedule will not govern final payment Payment to the Contractor will be made only for actual quantities of Contract items constructed in accordance with the Plans and Specifications Upon completion of construction, if the actual quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of 3-2 2 1 The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals A•^ Revised 7/17/06 Contract No 3821-1 Page 103 of 120 Pages Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract This includes rejected material not unloaded from vehicles, material rejected after it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such contract was awarded Whenever any portion of the Work is performed by the Agency at the Contractor's request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or becoming due from the Agency Whenever immediate action is required to prevent injury, death, or property damage, and precautions which are the Contractor's responsibility have not been taken and are not reasonably expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability Payment shall not relieve the Contractor from its obligations under the Contract, nor shall such payment be construed to be acceptance of any of the Work Payment shall not be construed as the transfer of ownership of any equipment or materials to the Agency Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or structure for which payment has been made, or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or otherwise degraded in any way prior to acceptance of the Work, except as provided in 6-10 Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion" If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency, due to the Contractor's failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws At the expiration of 35 days from the date of acceptance of the Work by the Board, or as prescribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained 9-3.2 Partial and Final Payment. The Engineer,will, after award of Contract, establish a closure date for the purpose of making monthly progress payments. The Contractor may request in writing that such monthly.closure date be changed The Engineer may approve such request when it is compatible with the Agency's payment procedure Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of the Standard Specifications (SSPWC) Progress payments shall be made no later than thirty (30) calendar days after the closure date Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request Upon receipt of the m¥ Revised 7/17/06 Contract No 3821-1 Page 104 of 120 Pages 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 District 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 District shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685 010 of the Code of Civil Procedure From each progress estimate, 10 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from remaining progress estimates and from the final estimate may be limited to $500 or 10 percent of the first half of total Contract amount, whichever is greater No progress payment made to the Contractor or its sureties will constitute a waiver of the liquidated damages under 6-9 As provided in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount The Contractor shall provide all documentation at the time of submitting the statement supporting its position Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims Failure to submit such information and details will be sufficient cause for denying payment for the disputed items Am¥ Revised 7/17/06 Contract No 3821-1 Page 105 of 120 Pages 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 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 9-3.3 Delivered Materials. When provided for in the Specifications, and subject to the limitation and conditions therein, the cost of materials and equipment delivered but not incorporated into the Work will be included in the progress estimate 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate 9-3.4 Mobilization. When a bid item is included in the Proposal form for mobilization and subject to the conditions and limitations in the Specifications, the costs of work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate When no such bid item is provided, payment for such costs will be considered to be included in the other items of work 9-3.4 Mobilization. When a bid item is included in the Proposal form for mobilization and subject to the conditions and limitations in the Specifications, the costs of work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate When no such bid item is provided, payment for such costs will be considered to be included in the other items of work 9-3.4.1 Mobilization and Preparatory Work. 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 incurred prior to beginning work on various contract items on or off the project site, excepting those specifically paid for under separate sections of these specifications The Contractor hereby agrees that the stipulated lump sum amount is sufficient for Mobilization and Preparatory Work, as described in this section, and that the Contractor shall have no right to additional compensation for Mobilization and Preparatory Work Progress payments for Mobilization and Preparatory Work will be made as follows •^ Revised 7/17/06 Contract No 3821-1 Page 106 of 120 Pages For the first progress payment (after the issuance of the Notice to Proceed), forty percent (40%) of the amount bid for Mobilization And Preparatory Work will be allowed For the second progress payment, an additional sixty percent (60%) of the amount bid for mobilization and preparatory work will be allowed therefore Revised 7/17/06 Contract No 3821-1 Page 107 of 120 Pages SUPPLEMENTAL PROVISIONS TO "GREEN BOOK" STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 200 - ROCK MATERIALS 200-2 UNTREATED BASE MATERIALS 200-2.1 General. Add the following Aggregate base shall be Class 2 Aggregate Base per Caltrans Standard Specification, July 1999, Section 26 Aggregate Bases, Subsection 26-1 02A Class 2 Aggregate Base and as specified herein Add the following section 200-2.7 Class 2 Aggregate Base. Aggregate for Class 2 aggregate base shall be free from organic matter and other deleterious substances, and shall be of such nature that it can be compacted readily under watering and rolling to form a firm, stable base Aggregate may include material processed from reclaimed asphalt concrete, portland cement concrete, lean concrete base, cement treated base or a combination of any of these materials Aggregate shall conform to the grading and quality requirements shown in the following tables At the option of the Contractor, the grading for either the 11/2-inch maximum or 3/4 inch maximum shall be used, except that once a grading is selected it shall not be changed without the Engineer's written approval AGGREGATE GRADING REQUIREMENTS Percentage Passing 4W Maximum 3/4" Maximum Operating Operating Sieve Sizes Range Range 2" 460 — 11/2" 90100 — 1" — 100 3/4" §0-85 90-100 No 4 25-45 35-60 No 30 40-2S 10-30 No 200 2-9 2-9 QUALITY REQUIREMENTS Operating Tests Range Resistance (R-value) 78 Mm Sand Equivalent 25 Mm Durability Index 35 Mm The aggregate shall not be treated with lime, cement or other chemical material before the Durability Index test is performed If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Operating Range" but meet the "Contract Compliance" requirements, placement of the aggregate base may be continued for the remainder of that day However, another day's work may not be started until tests, or other information, indicate to the satisfaction of the Engineer that the next material to be used in the work will comply with the requirements specified for "Operating Range" Revised 7/17/06 Contract No 3821-1 Page 108 of 120 Pages If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Contract Compliance," the aggregate base which is represented by these tests shall be removed However, if requested by the Contractor and approved by the Engineer, the aggregate base may remain in place and the Contractor shall pay to the City $2.25 per cubic yard for such aggregate base left in place. The City may deduct this amount from any moneys due, or that may become due, the Contractor under the contract If both the aggregate grading and Sand Equivalent do not conform to the "Contract Compliance" requirements, only one adjustment shall apply No single aggregate grading or Sand Equivalent test shall represent more than 500 cubic yards or one day's production, whichever is smaller SECTION 207 - PIPE 207-25 UNDERGROUND UTILITY MARKING TAPE. Add the following section- 207-25.1 Detectable Underground Utility Marking Tape: Detectable Underground Utility Marking Tape shall have a minimum 0 13 mm (0005") overall thickness, with no less than a 35 gauge (AWG), 0.14 mm aluminum foil core. The foil must be visible from both sides The layers shall be laminated together with the extrusion lamination process, not adhesives No inks or printing shall extend to the edges of the tape. All printing shall be encased to avoid ink rub-off. Detectable Underground Utility Marking Tape shall conform to the properties listed in Tables 207-25(A) and 207- 25 (B) TABLE 207-25.1 (A) DETECTABLE UNDERGROUND UTILITY MARKING TAPE PROPERTIES Property Thickness Tensile strength Elongation Printabihty Flexibility Inks Message repeat Foil Top layer Bottom layer Adhesives Bond strength Colors Method ASTM D2103 ASTM D882 ASTM D882-88 ASTM D2578 ASTM D671-81 Manufacturing specifications Manufacturing specifications Manufacturing specifications Manufactunng specifications Manufacturing specifications Manufacturing specifications Boiling H2O at 100 degrees Celsius APWA Code Value 01 14 mm (0.0056") 4500g/cm (25 Ibs/mch) (5,500 PSI) <50 percent at break >50 dynes/square centimeter Pliable hand Heat-set Mylex Every 500 mm(20") Dead soft/annealed Virgin PET Virgin LDPE >30 percent, solid 1.5#/R Five hours without peel See Table 207-25.1 (B) Color TABLE 207-25.1(6) DETECTABLE UNDERGROUND UTILITY MARKING TAPE COLORS Utility Marked Red Yellow Orange Blue Green Brown Purple Electric power, distribution, transmission, and municipal electric systems. Gas and oil distribution and transmission, dangerous materials, product and steam. Telephone and telegraph systems, police and fire communications, and cable television. Water systems. Sanitary and storm sewer systems, nonpotable. Force mains. Reclaimed water lines. f 0Revised 7/17/06 Contract No. 3821-1 Page 109 of 120 Pages Add the following section 207-25.2 Materials Approvals. Detectable Underground Utility Marking Tape shall meet the requirements of each of the following agency/association publications A Department of Transportation, Materials Transportation Bureau, Office of Pipeline Safety USAS code for pressure piping B31 8, paragraph 192 321 (e) B National Transportation Safety Board, Washington, DC, Special Study Prevention of Damage to Pipelines Adopted June 7, 1974 Report NTSB-PSS-73-1 C American Petroleum Institute (API) Recommended practice for marking buried liquid petroleum pipelines - APR RP 1109 D General Services Administration, Washington, DC, Public Buildings Service Guide Specification for Mechanical and Electrical Equipment - PBS 4-1501, Amendment 2, Page 501-14, Paragraph 18, Subparagraph 181, Clause 1811 E. Rural Electrification Authority (REA), U S Department of Agriculture, Washington, DC, National Electrical Safety Code for Underground Construction for remote and immediate hazards. SECTION 215-FENCING Add the following section 215-1 ENVIRONMENTAL FENCING Add the following section 215-1.1 Materials. Environmental fence shall be minimum 4' high, orange colored plastic construction fencing installed prior to performing any work Environmental fence shall be constructed of non-toxic, non-conductive polyethylene capable of withstanding temperatures from -58F degrees to 194F degrees Color shall be non-fading Posts shall be 6'-6" long, shall be spaced no more than 10'-0" apart and buried portion shall be no less than 2'-6" deep. Used materials may be installed providing the used materials are good, sound, and are suitable for the purpose intended, as determined by the Engineer Materials may be commercial quality providing the dimensions and sizes of the materials are equal to, or greater than, the dimensions and sizes specified herein Posts shall be either metal or wood at the Contractor's option Galvanizing and painting of steel items will not be required Treating wood with wood preservatives will not be required Concrete footings for metal posts will not be required Revised 7/17/06 Contract No 3821-1 Page 110 of 120 Pages SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-13 STORM WATER POLLUTION PREVENTION PLAN Add the following section 300-13.1 Storm Water Pollution Prevention Plan. As part of the storm water pollution prevention work, the Contractor shall prepare and submit Storm Water Pollution Prevention Plan, hereafter referred to as the "SWPPP" The SWPPP shall conform to the requirements of the "Greenbook" Standard Specifications for Public Works Construction, the requirements in the California Storm Water Quality Association, Stormwater Best Management Practice Handbook, Construction ("Handbook"), the requirements of the Permit, the requirements in the plans and these supplemental provisions 300-13.1.1 SWPPP Document Within 15 calendar days after the execution of the contract, the Contractor shall submit 3 copies of the SWPPP to the Engineer, in accordance with Section 2-5 3 3 of these Special Provisions Contractor will be provided the digital format for SWPPP to complete required sections If revisions are required, as determined by the Engineer, the Contractor shall revise and resubmit the SWPPP within 15 days of receipt of the Engineer's comments and shall allow 5 days for the Engineer to review the revisions Upon the Engineer's acceptance of the SWPPP, 3 additional copies of the SWPPP, incorporating the required changes, shall be submitted to the Engineer In order to allow construction activities to proceed, the Engineer may conditionally approve the SWPPP while minor revisions are being completed The objectives of the SWPPP shall be to identify pollution sources that may adversely affect the quality of storm water discharges associated with the project and to identify, construct, implement and maintain storm water pollution prevention measures, hereafter referred to as control measures, to reduce to the extent feasible pollutants in storm water discharges from the construction site both during and after construction is completed under this contract The SWPPP shall incorporate control measures in the following categories 1 Soil stabilization practices; 2 Sediment control practices, 3 Wind erosion control practices, and 4 Non-storm water management and waste management and disposal control practices Specific objectives and minimum requirements for each category of control measures are contained in the Handbook The Contractor shall designate a Water Pollution Control Manager who will have the responsibilities outlined in the SWPPP A*¥ Revised 7/17/06 Contract No 3821-1 Page 111 of 120 Pages The SWPPP shall include, but not be limited to, the following items as described in the SWPPP 1 Source Identification; 2 Erosion and Sediment Controls, 3 Non-Storm Water Management, 4 Waste Management and Disposal, 5 Maintenance, Inspection and Repair, 6 Training, 7 List of Contractors and Subcontractors, 8 Post-Construction Storm Water Management, 9 Preparer, 10 Copy of the local permit, 11 BMP Consideration Checklist; 12 SWPPP Checklist, 13 Schedule of Values, and 14 Storm Water Pollution Prevention Drawings The Contractor shall amend the SWPPP, graphically and in narrative form, whenever there is a change in construction activities or operations which may affect the discharge of significant quantities of pollutants to surface waters, ground waters, municipal storm dram systems, or when deemed necessary by the Engineer The SWPPP shall also be amended if it is in violation of any condition of the Permit, or has not effectively achieved the objective of reducing pollutants in storm water discharges Amendments shall show additional control measures or revised operations, including those in areas not shown in the initially accepted SWPPP, which are required on the project to control water pollution effectively Amendments to the SWPPP shall be submitted for review and acceptance by the Engineer in the same manner specified for the initially accepted SWPPP Accepted amendments shall be dated and logged in the SWPPP Upon acceptance of the amendment, the Contractor shall implement the additional control measures or revised operations. The Contractor shall keep a copy of the accepted SWPPP and accepted amendments at the project site The SWPPP shall be made available upon request of a representative of the Regional Water Quality Control Board, State Water Resources Control Board, U S Environmental Protection Agency or local storm water management agency Requests by the public shall be directed to the Engineer By June 15 of each year, the Contractor shall submit an annual certification to the Engineer stating compliance with the requirements governing the Permit If the project is in non-compliance at any time, the Contractor shall make a written report to the Engineer within 15 days of identification of non-compliance Add the following section 300-13-1.2 Availability of SWPPP template. A site-specific draft document intended for use as a template for the required SWPPP document will be made available for use at the Contractor's option, at no cost to the Contractor The document is available for review in Section 02372 The Contractor shall review the template and modify it as necessary to reflect the Contractor's operations Add the following section 300-13.1.3 Payment. Preparation, implementation and management of SWPPP shall be considered incidental to the items of work and no additional payment will be made therefore Revised 7/17/06 Contract No 3821-1 Page 112 of 120 Pages Add the following section 300-13.1.4 SWPPP Implementation. Upon acceptance of the SWPPP, the Contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting and maintaining the control measures included in the SWPPP and any amendments thereto and for removing and disposing of temporary control measures Unless otherwise directed by the Engineer or specified in these supplemental provisions, the Contractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension of work ordered in accordance with Section 6-3, "Suspension of Work" Requirements for installation, construction, inspection, maintenance, removal and disposal of control measures are specified in the "Handbook" and these supplemental provisions Soil stabilization practices and sediment control measures, including minimum requirements, shall be provided throughout the winter season, defined as between October 1 and April 30 Implementation of soil stabilization practices and sediment control measures for soil-disturbed areas of the project site shall be completed, except as provided for below, no later than 20 days prior to the beginning of the winter season or upon start of applicable construction activities for projects which begin either during or within 20 days of the winter season The Contractor shall implement, year-round and throughout the duration of the project, control measures included in the SWPPP for sediment tracking, wind erosion, non-storm water management and waste management and disposal The Engineer may order the suspension of construction operations, at the Contractor's cost, which create water pollution if the Contractor fails to conform to the requirements of this section as determined by the Engineer Add the following section- 300-13.1.5 Maintenance. To ensure the proper implementation and functioning of control measures, the Contractor shall regularly inspect and maintain the construction site for the control measures identified in the SWPPP The Contractor shall identify corrective actions and time frames to address any damaged measures or reinitiate any measures that have been discontinued The construction site inspection checklist provided in the "Handbook" shall be used to ensure that the necessary measures are being properly implemented, and to ensure that the control measures are functioning adequately The Contractor shall submit one copy of each site inspection record to the Engineer, within two days of the inspection During the winter season, inspections of the construction site shall be conducted by the Contractor to identify deficient measures, as follows. 1 When the five-day ram probability forecast exceeds forty percent (40%) 2 After any precipitation which causes runoff capable of carrying sediment from the construction site, 3 At 24 hour intervals during extended precipitation events; and 4 Routinely, at a minimum of once every week If the Contractor or the Engineer identifies a deficiency in the deployment or functioning of an identified control measure, the deficiency shall be corrected by the Contractor immediately, or by a later date and time if requested by the Contractor and accepted by the Engineer in writing, but not later than the onset of subsequent precipitation events The correction of deficiencies shall be at no additional cost to the City •^ Revised 7/17/06 Contract No 3821-1 Page 113 of 120 Pages SECTION 306 - UNDERGROUND CONDUIT CONSTRUCTION 306-1 OPEN TRENCH OPERATIONS Add the following section 306-1.1.7 Steel Plate Bridging - With a Non-Skid Surface. This section covers the use of steel plate bridging The Contractor shall not employ the use or use steel plate bridging or trench plate that does not meet the requirements of this section both in application and circumstance of use Add the following section 306-1.1.7.1 Requirements for Use Alternate construction methods that avoid the use of steel plate bridging shall be used by the Contractor unless otherwise approved by the Engineer It is recognized that to accommodate excavation work, steel plate bridging may be necessary All conditions for use of steel plate bridging set forth in the following requirements must be fulfilled as conditions of approval of the use of steel plate bridging Consideration of steel plate bridging in the review process will take into account the following factors 1 Traffic volume and composition 2 Duration of use of the steel plate bridging 3 Size of the proposed excavation 4 Weather conditions The following formula shall be used to score the permitted use of steel plate bridging PS = [ APT + EWL + DAYS + 10 X WEEKEND +• 5 X NIGHTS + 20 X WEATHER + SPEED (kmh) + SLOPE X 100] X LANES 1000 8 PS = f APT + EWL + DAYS + 10 X WEEKEND + 5 X NIGHTS + 20 X WEATHER + SPEED (mph) + SLOPE X 100] X LANES 1000 5 where PS = plate score. ADT = average daily traffic as defined in the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement EWL = equivalent wheel loads as defined in the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement DAYS = total number of 24 hour periods during which the plates will be utilized at the site being considered WEEKEND = total number of Saturdays, Sundays and holidays that the plates will be utilized at the site being considered. NIGHTS = total number of overnight periods that the plates will be in place, exclusive of Saturday, Sunday and holiday nights WEATHER = total number of 24-hour periods that the plates will be utilized at the site being considered when the possibility of ram exceeds 40 percent SPEED = the design speed in kilometers per hour or miles per hour, as applicable in the formulae above, of the street where the plates are to be installed This number shall not be reduced for construction zone speed reductions SLOPE = the quotient of the vertical differential divided by the horizontal distance. The vertical and horizontal dimensions shall be measured at the locations spanning a distance of 15 m (50') up and downstream of the position of the proposed steel plate bridging LANES = the number of lanes where plates will be used Revised 7/17/06 Contract No 3821-1 Page 114 of 120 Pages When the computed value of the plate score exceeds 50, steel plate bridging shall not be used unless, and at the sole discretion of the Engineer, the Engineer determines that no alternative method of construction is possible in lieu of using steel plate bridging or that other overriding considerations make the use of steel plate bridging acceptable Alternatives considered to bridging shall include, but not be limited to, detourmg traffic, construction detour routes, tunneling, boring and other methods of trenchless construction Unless specifically noted in the provisions of the Engineer's approval, the use of steel plate bridging at each location so approved shall not exceed four (4) consecutive working days in any given week Add the following section 306-1.1.7.2 Additional Requirements. In all cases when the depth of the trench exceeds the width of the steel plate bridging resting on each side of the pavement adjacent to the trench, safety regulations require or the Engineer determines that shoring is necessary to protect the health or safety of workers or the public the Contractor shall install shoring conforming to Section 7-1041 of the Standard Specifications The trench shoring shall be designed and installed to support the steel plate bridging and traffic loads All approvals for design, substitution of materials or methods shall be submitted by the Contractor in accordance with all provisions of section 2-5 3 Shop Drawings and Submittals The Contractor shall backfill and resurface excavations in accordance with section 306-1 5 Add the following section. 306-1.1.7.3 Installation. When backfilling operations of an excavation in the traveled way, whether transverse or longitudinal cannot be properly completed within a work day, steel plate bridging with a non-skid surface and shoring may be required to preserve unobstructed traffic flow In such cases, the following conditions shall apply a) Steel plate bridging when the plate score exceeds 50 is not allowed except when, at the sole discretion of the Engineer, it is approved as specified hereinbefore b) Steel plates used for bridging must extend a minimum of 610 mm (21) beyond the edges of the trench c) Steel plate bridging shall be installed to operate with minimum noise When the use of steel plate bridging and shoring is approved by the Engineer, the Contractor shall install using either Method (1) or (2) depending on the design speed of the portion of street where the steel plate bridging is proposed for use Method 1 [For speeds more than 70 Km/hr (45 MPH)] The pavement shall be cold planed to a depth equal to the thickness of the plate and to a width and length equal to the dimensions of the plate The cold milling shall produce a flat surface that the plate shall rest on with no horizontal or vertical movement Horizontal gaps between the unmilled pavement and the plate shall not exceed 25 mm (1") and shall be filled with elastomeric sealant material which may, at the contractor's option, be mixed with no more that 50%, by volume, of Type I aggregate conforming to the requirements of tables 203-5 2(B) and 203-5 3(A) Method 2 [For speeds 70 Km/hr (45 MPH) or less] Approach plate(s) and ending plate (if longitudinal placement) shall be attached to the roadway and shall be secured against displacement by using two adjustable cleats that are no less than 50 mm (2") shorter than the width of the trench bolted to the underside of each plate and located within 150 mm (6") of the beginning and end of the trench for plates at the beginning and end of the trench, a minimum of two 300 mm long by 19 mm diameter (12" x %") steel bolts placed through the plate and driven into holes drilled 300 mm (12") into the pavement section, or other devices approved by the Engineer Subsequent plates shall be butted to each other. Fine graded asphalt concrete shall be compacted to form ramps, maximum slope 8 5% with a minimum 300 mm (12") taper to cover all edges of the steel plates When steel plates are removed, the dowel holes in the pavement section shall be completely filled with elastomeric sealant material At the Contractor's option, the methods required for Method 1 may be .—. used If the Contractor so elects, all requirements of Method 1 shall be used The Contractor shall ( J maintain the steel plates, shoring, and asphalt concrete ramps and maintain and restore the street ^ -^ surface during and after their use Revised 7/17/06 Contract No 3821-1 Page 115 of 120 Pages Add the following section 306-1.1.7.4 Materials. The minimal thickness of steel plate bridging shall be as shown in Table 306-1 1 7 4(A) TABLE 306-1.1.7.4(A) REQUIRED PLATE THICKNESS FOR A GIVEN TRENCH WIDTH Maximum Trench Width (1) 03m (10") 06m (23") 08m (31") 1 Om (41") 1 6 m (63") Minimum Plate Thickness 13mm (1/2") 19mm (3/4") 22mm (7/8") 25 mm (1") 32 mm (1 %") (1) For spans greater than 16m (5'), a structural design shall be prepared by a registered civil engineer and submitted to the Engineer for review and approval in accordance with section 2-5 3 Steel plate bridging shall be steel plate designed to support the HS20-44 truck loading per CALTRANS Bridge Design Specifications Manual The Contractor shall maintain a non-skid surface on the steel plate with no less than a coefficient of friction of 0 35 as determined by California Test Method 342 If a different test method is used, the Contractor may utilize standard test plates with known coefficients of friction available from the CALTRANS District 11 Materials Engineer to correlate skid resistance results to California Test Method 342 In addition to all other required construction signing, the Contractor shall install Rough Road (W33) sign with black lettering on an orange background in advance of steel plate bridging Add the following section 306-1.1.7.5 Measurement and Payment. Steel plate bridge materials including, but not limited to steel plates, anchoring devices, cold milling, elastomenc sealant material, asphalt ramping and padding, signage, placing, installation, removal, relocation, preparation and processing of shop drawings and submittals to support the use of steel plate bridging and all other materials, labor, supervision, overhead of any type or description will be paid for as an incidental to the work that the bridging is installed to facilitate No separate payment for steel plate bridging will be made. No extension to contract time will be allowed for, or because of, the use of steel plate bridging. 306-1.3.1 General, add the following The Contractor shall install detectable underground utility marking tape 230 mm x75 mm (9" x 3") above each or, in the case of bundled underground conduit of the same type, the upper underground conduit being installed by the open trench method The type and color of detectable underground utility marking tape shall conform to the requirements of section 207-25 et seq 306-1.3.4 Compaction Requirements delete Section 306-1 3 4 and replace with the following The Contractor shall densify trench backfill to a minimum of 90 percent relative compaction except that in the top 300 mm (12") of the street right-of-way, compaction shall be 95 percent oRevised 7/17/06 Contract No 3821-1 Page 116 of 120 Pages 306-1.5 Trench Resurfacing. 306-1.5.1 Temporary Resurfacing. Delete the fourth and fifth paragraphs and substitute the following Temporary bituminous resurfacing materials which are placed by the Contractor are for its convenience and shall be at no cost to the Agency Temporary bituminous resurfacing materials shall be used in lieu of permanent resurfacing only when approved by the Engineer When temporary bituminous resurfacing materials are used in lieu of permanent resurfacing it shall be removed and replaced with permanent resurfacing within 7 days of placement No additional payment will be made for temporary bituminous resurfacing materials The price bid for the associated conduit or structure shall include full compensation for furnishing, placing, maintaining, removing, and disposing of such temporary resurfacing materials 306-1.5.2 Permanent Resurfacing. Add the following Except as provided in section 306-1 5 1, "Temporary Resurfacing," the Contractor shall perform permanent trench resurfacing within 24 hours after the completion of backfill and densification of backfill and aggregate base materials 306-1.6 Basis of Payment for Open Trench Installation add the following Payment for utilities undergroundmg which includes the utility trench for CATV and SDG&E and conduit for SDG&E's electric conversion shall be made on the basis of contract lump sum price for utilities undergroundmg and no other payments will be made Cox Cable will supply and deliver conduits and fittings to be installed by the Contractor Cox Cable will install enclosures The Contractor will furnish and install 6 4 mm (%") nylon pull ropes in all conduit 306-5 ABANDONMENT OF CONDUITS AND STRUCTURES. Add the following Unless otherwise noted on plans, the Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, and pipelines and conduits of any type, or use, that are abandoned during the course of the work and shall replace said pipelines and conduits with properly compacted soils Payment for removal and disposal of abandoned utilities shall be included in the lump-sum bid for Clearing and Grubbing, and no additional payment will be made SECTION 313 - TEMPORARY TRAFFIC CONTROL DEVICES Add the following section 313-1 TEMPORARY TRAFFIC PAVEMENT MARKERS. Add the following section 313-1.1 General The Contractor shall supply and install temporary traffic pavement markers, channelizers, signing, railing (type K), crash cushions and appurtenances at the locations shown on the plans and as required in the specifications, complete in place prior to opening the traveled way served by said final and temporary traffic pavement markers, signing, railing (type K) and appurtenances to public traffic 313-1.2 Temporary Pavement Markers. Temporary reflective raised pavement markers shall be placed in accordance with the manufacturer's instructions. Temporary reflective raised pavement markers shall be cemented to the surfacing with the adhesive recommended by the manufacturer, except epoxy adhesive shall not be used to place temporary reflective raised pavement markers in areas where removal of the markers will be required Pavement striping, legends and markers which conflict with any traffic pattern shall be removed by grinding as determined by the Engineer The Contractor shall use temporary reflective raised pavement markers for temporary pavement marking, except when the temporary pavement markers are used to replace patterns of temporary traffic stripe that will be in place for less than 30 days Reflective pavement markers used in place of the removable-type pavement markers shall conform to the section 312 "Pavement Marker Placement and Removal", except the 14-day waiting period before placing the pavement markers on new asphalt concrete surfacing as specified in section 312-1 "Placement", shall not apply, and epoxy adhesive shall not be used to place pavement markers in areas where removal of the markers will be required A•^ Revised 7/17/06 Contract No 3821-1 Page 117 of 120 Pages Add the following section: 313-1.3 Channelizers. Channehzers shall be new surface-mounted type and shall be furnished, placed, and maintained at the locations shown on the plans Channelizer posts shall be orange in color Channelizers shall have affixed white reflective sheeting as specified in the special provisions The reflective sheeting shall be 75 mm x 300 mm (3" x 12") in size The reflective sheeting shall be visible at 300 m (1000') at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20. The channelizer bases shall be cemented to the pavement in the same manner as provided for cementing pavement markers to pavement in section 312-1, "Placement" Channelizers shall be applied only on a clean, dry surface Channelizers shall be placed on the alignment and location shown on the plans and as directed by the Engineer The Channelizers shall be placed uniformly, straight on tangent alignment and on a true arc on curved alignment All layout work necessary to place the Channelizers to the proper alignment shall be performed by the Contractor If the Channelizers are displaced or fail to remain in an upright position, from any cause, the Channelizers shall immediately be replaced or restored to their original location, by the Contractor The Contractor shall provide the Engineer with a Certificate of Compliance in accordance with the provisions of section 4-1 5, "Certification" Said certificate shall certify that the Channelizers comply with the plans and specifications and conform to the prequalified design and material requirements approved by the Engineer and were manufactured in accordance with a quality control program approved by the Engineer Add the following section 313-2 TEMPORARY TRAFFIC SIGNING. Add the following section 313-2.1 General The Contractor shall provide and install all temporary traffic control signs, markers, markings, and delineators at locations shown on plans and specified herein Add the following section 313-2.2 Maintenance of Temporary Traffic Signs. If temporary traffic signs are displaced or overturned, from any cause, during the progress of the work, the Contractor shall immediately replace the signs in their original approved locations The Contractor shall maintain all temporary traffic signs used in the Work in a clean, reflective and readable condition The Contractor shall replace or restore graffiti marked temporary traffic signs and posts used in the Work within 18 hours of such marking being discovered during non-working hours or, when the marking is discovered during working hours, within 2 hours of such discovery of marking Add the following section 313-3 TEMPORARY RAILING (TYPE K) AND CRASH CUSHIONS. Add the following section 313-3.1 Temporary Railing and Crash Cushions. Temporary railing (Type K) shall consist of interconnected new or undamaged used precast concrete barrier units as shown on the plans Temporary sand-filled crash cushions shall consist of new or undamaged used temporary sand-filled crash cushions units as shown on the plans 313-3.1.1 Appearance. Exposed surfaces of new and used units of Temporary railing (Type K) shall be freshly coated with a white color paint prior to their first use on the project The paint shall conform to the provisions in sections 210-1 5 "Paint Systems" and 310 "Painting" Contractor shall be responsible for the removal and cleanup or painting over the graffiti from the K-Rails within 48 hours The Contractor Shall replace or repaint units of Temporary railing (Type K) or shall remove graffiti, tire or vehicle marks, dirt or any and all materials such that said marks or discoloration mar the appearance of said units when ordered by the Engineer after the units are in place. Am¥ Revised 7/17/06 Contract No 3821-1 Page 118 of 120 Pages Add the following section 313-3.1.2 Manufacture of Temporary Railing. In addition to the requirements herein the temporary railing (Type K) shall be manufactured per CALTRANS Standard Drawing T3 Concrete used to manufacture Temporary railing (Type K) shall conform to the provisions in sections 201-1, "Portland Cement Concrete" and 303-1 "Concrete Structures"" Load tickets and a Certificate of Compliance will not be required Reinforcing steel shall conform to the provisions sections 201-1, "Portland Cement Concrete" and 303-1 "Concrete Structures" Steel bars to receive bolts at ends of concrete panels shall conform to ASTM Designation A 36/A 36M The bolts shall conform to ASTM Designation A 307 A round bar of the same diameter may be substituted for the end-connecting bolt shown on the plans The bar shall conform to ASTM Designation A 36/A 36M, shall have a minimum length of 660 mm and shall have a 75 mm (3") diameter by 9 mm (3/8") thick plate welded on the upper end with a 5-mm (3/i6") fillet weld The final surface finish of temporary railings (Type K) shall conform to the provisions in section 303-1 9 2 "Ordinary Surface Finish " Exposed surfaces of concrete elements shall be cured by the water method, the forms-m-place method, or the pigmented curing compound method The pigmented curing compound shall be type 2 curing compound Temporary railing (Type K) may have the Contractor's name or logo on each panel The name or logo shall not be more than 100 mm in height and shall be located not more than 300 mm above the bottom of the rail panel Add the following section 313-3.1.3 Installation of Temporary Railing. In addition to the requirements herein the temporary railing (Type K) shall be installed per CALTRANS Standard Drawing T3 Temporary railing (Type K) shall be set on firm, stable foundation The foundation shall be graded to provide a uniform bearing throughout the entire length of the railing Abutting ends of precast concrete units shall be placed and maintained in alignment without substantial offset to each other The precast concrete units shall be positioned straight on tangent alignment and on a true arc on curved alignment Each rail unit placed within 3 m (10') of a traffic lane shall have a reflector installed on top of the rail as directed by the Engineer Reflectors and adhesive will be furnished by the Contractor A Type P marker panel conforming to the requirements of the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement shall also be installed at each end of railing installed adjacent to a two-lane, two-way highway and at the end facing traffic of railing installed adjacent to a one-way roadbed If the railing is placed on a skew, the marker shall be installed at the end of the skew nearest the traveled way. Type P marker panels shall conform to the provisions of section 206-7 2, "Temporary Traffic Signs" Where shown on the plans, threaded rods or dowels shall be bonded m holes drilled in existing concrete When temporary railings (Type K) are removed, any area where temporary excavation or embankment was used to accommodate the temporary railing shall be restored to its previous condition, or constructed to its planned condition Add the following section 313-3.2 Temporary Sand-Filled Crash Cushions. Temporary sand-filled crash cushion units shall be "Energite III" manufactured by Energy Absorption Systems, "Fitch Inertial Barrier System Modules" manufactured by Roadway Safety Service, or equal Features required to determine equivalence of any other temporary sand-filled crash cushion units shall be approval of the system by CALTRANS and that the temporary sand-filled crash cushion units meet NCHRP 350 standards Other features will be suitability to application, operational characteristics, durability and other such characteristics that the Engineer shall determine Temporary sand-filled crash cushions (TSFCC) shall be of the type and array configurations shown on plans, and installed at every end of, or gap in, the temporary railing (Type K) whenever the closest point of approach of traffic, regardless of direction, is 4 6 m (15') or less to the end of the temporary railing (Type K) being considered The TSFCC shall be installed per CALTRANS Standard Drawings T1 and T2 for approach speeds no less than the posted speed of the street prior to construction or 55 kilometers per hour (35 mph), whichever is the greater. The TSFCC array shall be appropriate to the application as shown on said standard Revised 7/17/06 Contract No 3821-1 Page 119 of 120 Pages drawings A Type J and/or P marker panel conforming to the requirements of the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement shall also be installed at each TSFCC array as shown in CALTRANS Standard Drawings T1 and T2 Particular care shall be taken to assure that crash cushions are installed with the soil supporting them and the adjacent soil leveled to match the elevation of the bottom of the temporary railing immediately adjacent to the crash cushion All routes of approach to the TSCFF array shall be graded such that any vehicle diverging from the travelled way to strike the TSCFF will travel on a vertical alignment parallel to the segment of the travel lane that it departed from Add the following section 313-4 MEASUREMENT AND PAYMENT Temporary traffic pavement markers, temporary channelizers, temporary signing, temporary railing (type K), temporary crash cushions and temporary appurtenances thereto shown on the plans or required in the specifications are a part of the appropriate bid item and are considered incidental to the work and no separate payment shall be made Payment of the appropriate bid item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in applying, installing, maintaining, and removing temporary traffic pavement markers, channelizers, signing, railing (type K), crash cushions and appurtenances, complete in place, as shown on the plans, as specified in the Standard Specification and these special provisions, and as directed by the Engineer Payment for temporary crash cushions, concrete barriers and the signs and reflectors marking them shall include the installation, grading for installation, grading for the approach path, maintenance, painting and re- painting, replacement of damaged units and removal and shall also be included in the lump-sum price bid for traffic control Payment for installation and/or relocation of K-rails and crash cushions when not shown on the plans and requested by the Engineer shall be made per section 3-3, Extra Work, SSPWC m¥ Revised 7/17/06 Contract No 3821-1 Page 120 of 120 Pages APPENDIX A California Regional Water Quality Control Board 401 Water Quality Certification (File No. 04C-077) California Regional Water Quality Control Board San Diego Region Over 50 Years Serving San Diego, Orange, and Riverside Counties Linda S. Adams Recipient of the 2004 Environmental Award for Outstanding Achievement from USEPA Arnold SchwarzeneggeSecretary for g,..^~~ 9174 Sky Park Court, Suite 100, San Diego, California 92123-4340 (858)467-2952-Fax (858)571-6972 RECETVFTIhttp//wwwwaterboardscagov/sandiego VxJj.1 V SltU? Environmental Protection Governor 1 4 2006 ENGINEERING DEPARTMENT In reply refer to: WPS:18-2004077.02:meanc August 11, 2006 Mr. Chris Muehlbacher Associate Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 Dear Mr. Muehlbacher: RE: CALAVERA DAM REMEDIAL IMPROVEMENT PROJECT (FILE NO. 04C-077) 401 WATER QUALITY CERTIFICATION AMENDMENT The Regional Board is amending Condition B.1, B.2, C.1 and C.2 of the Calavera Dam Remedial Improvement Project 401 Water Quality Certification (File No. 04C-077). This decision is based on the revised impact acreages, and the resulting increase in project impacts to waters of the U.S./State. Changes to certification conditions are shown in red strikeout/underline below. B.1 Impacts to jurisdictional waters of the U.S. shall not exceed the following: Habitat Type Southern Willow Scrub Mulofat Scrub Freshwater marsh Non-wetland watars TOTAL Permanent Impacts (acre) o nn?\7. \y\jc. om— r\ r\c n /in<J.\JU W.-tW 0-4520.40 Temporary Impacts (acre) n nnp\J , \J\JCJ &O4-0.06 0.01 0-042-0.07 B.2 Impacts to waters of the U.S. shall not occur outside of the limits depicted in Figure 2 of the April 5. 2006 July 18. 2006. Habitat Revegetation, Maintenance & Monitoring Program (prepared by Planning Systems). C.1 Mitigation for permanent impacts to 0 122 0.40 acres and temporary impacts to 0 012 0 07 acres, will be achieved at the following ratios: California Environmental Protection Agency Mr. Chris Muehlbacher -2-August 11, 2006 Habitat Type Southern Willow Scrub Mulofat Scrub Freshwater marsh Non-wetland waters Total Permanent Impact Mitigation Ratio 34- 2-4 2:1 Required Creation Acreage n nnfi\-rTWV7 0-420 Qv4200.80 0.2-16 0.80 Temporary Impact Mitigation Ratio 44- 1:1 1.1 Required Restoration Acreage n n<Y>\j> \y\jc. &0400.06 0.01 &042007 C.2 Mitigation for both permanent and temporary impacts will be achieved through on-site creation of wetland habitat in the near lake vicinity of the project as described in the April 5. 2006 July 18. 2006. Habitat Revegetation, Maintenance and Monitoring Program, Calavera Dam Remedial Improvements Project (prepared by Planning Systems). The heading portion of this letter includes a Regional Board code number noted after "In reply refer to:" In order to assist us in the processing of your correspondence please include this code number in the heading or subject line portion of all correspondence and reports to the Regional Board pertaining to this matter. If you have any questions regarding this letter, please contact Christopher Means at 858-637-5581 or cmeans@waterboards.ca.gov. Respectfully, John H. Robertus Executive Officer San Diego Regional Water Quality Control Board California Environmental Protection Agency Mr. Chris Muehlbacher - 3 - August 11, 2006 CC. Ms. Kari Coler U.S. Army Corps of Engineers Regulatory Branch 16885 W. Bernardo Dr., Suite 300 A San Diego, CA 92127 Ms. Tamara Spear CA Department of Fish & Game 4949 Viewndge Avenue San Diego, CA 92123 Mr. Paul Kukas Planning Systems 1530 Faraday Avenue Carlsbad, CA 92008 Bill Orme, State Water Resources Control Board Division of Water Quality California Environmental Protection Agency \ Recycled Paper California Regional Water Quality Control Board San Diego Region , Internet Address http //www swrcb ca gov/rwqcb9/ ' sectary 9174 Sky Park C°Urt' Su"e 10°' San Dl£g°'Caljfonm 92123 Arnold Schwarzeneggerpg secretary Phone (858) 467-2952 • FAX (858) 571-6972 Governor Action on Request for Clean Water Act Section 401 Water Quality Certification and Waiver of Waste Discharge Requirements for Discharge of Dredged and/or Fill Materials PROJECT: Calavera Dam Remedial improvements Project (File No. 04C-077) APPLICANT: Mr. Christopher Muehlbacher Carlsbad Municipal Water District 1635 Faraday Avenue Carlsbad, CA 92008 ACTION: a Order for Low Impact Certification n Order for Denial of Certification • Order for Technically-conditioned • Waiver of Waste Discharge Certification Requirements STANDARD CONDITIONS: The following three standard conditions apply to all certification actions, except as noted under Condition 3 for denials (Action 3). 1. This certification action is subject to modification or revocation upon administrative or judicial review, including review and amendment pursuant to section 13330 of the California Water Code and section 3867 of Title 23 of the California Code of Regulations (23 CCR). 2. This certification action is not intended and shall not be construed to apply to any discharge from any activity involving a hydroelectric facility requiring a Federal Energy Regulatory Commission (FERC) license or an amendment to a FERC license unless the pertinent certification application was filed pursuant to 23 CCR subsection 3855(b) and the application specifically identified that a FERC license or amendment to a FERC license for a hydroelectric facility was being sought. 3. The validity of any non-denial certification action (Actions 1 and 2) shall be conditioned upon total payment of the full fee required under 23 CCR section 3833, unless otherwise stated in writing by the certifying agency. California Environmental Protection Agency The energy challenge facing California is real Every Californian needs to take immediate action to reduce energy consumption For a list of simple ways you can reduce demand and cut your energy costs, see our Web-site at http //www swrcb ca gov Recycled Paper File No 04C-077 ADDITIONAL CONDITIONS: In addition to the three standard conditions, the Carlsbad Municipal Water District shall satisfy the following: A. GENERAL CONDITIONS 1. The Carlsbad Municipal Water District shall, at all times, fully comply with the engineering plans, specifications and technical reports submitted with this application for 401 Water Quality Certification and all subsequent submittals required as part of this certification. 2. The Carlsbad Municipal Water District shall comply with the requirements of State Water Resources Control Board Water Quality Order No. 99-08-DWQ, the NPDES General Permit for Storm Water Discharges Associated with Construction Activity. 3. The Carlsbad Municipal Water District shall maintain a copy of this certification at the project site so as to be available at all times to site personnel and agencies. 4. Prior to the start of the project, the Carlsbad Municipal Water District shall educate all personnel on the requirements in this certification, pollution prevention measures, spill response, and best management practices. 5. The Carlsbad Municipal Water District shall permit the San Diego Regional Water Quality Control Board (SDRWQCB) or its authorized representative at all times, upon presentation of credentials: a) Entry onto project premises, including all areas on which wetland fill or wetland mitigation is located or in which records are kept. b) Access to copy any records required to be kept under the terms and conditions of this certification. c) Inspection of any treatment equipment, monitoring equipment, or monitoring method required by this certification. 6. The Carlsbad Municipal Water District shall notify the SDRWQCB within 24 hours of any unauthorized discharge to waters of the U.S. and/or State; measures that were implemented to stop and contain the discharge; measures implemented to clean-up the discharge; the volume and type of materials discharged and recovered; and additional BMPs or other measures that will be implemented to prevent future discharges. 7. The Carlsbad Municipal Water District shall, at all times, maintain appropriate types and sufficient quantities of materials onsite to contain any spill or inadvertent release of materials that may cause a condition of pollution or nuisance if the materials reached a waters of the U.S. and/or State. 2 of 10 File No 04C-077 8. This Certification is not transferable to any person except after notice to the Executive Officer of the SDRWQCB. The applicant shall submit this notice in writing at least 30 days in advance of any proposed transfer The notice must include a written agreement between the existing and new owner containing a specific date for the transfer of this Certification's responsibility and coverage between the current discharger and the new discharger. This agreement shall include an acknowledgement that the existing owner is liable for compliance and violations up to the transfer date and that the new owner is liable from the transfer date on 9. In the event of any violation or threatened violation of the conditions of this certification, the violation or threatened violation shall be subject to any remedies, penalties, process or sanctions as provided for under state law. For purposes of section 401 (d) of the Clean Water Act, the applicability of any state law authorizing remedies, penalties, process or sanctions for the violation or threatened violation constitutes a limitation necessary to assure compliance with the water quality standards and other pertinent requirements incorporated into this certification. 10. In response to a suspected violation of any condition of this certification, the SDRWQCB may require the holder of any permit or license subject to this certification to furnish, under penalty of perjury, any technical or monitoring reports the SDRWQCB deems appropriate, provided that the burden, including costs, of the reports shall be a reasonable relationship to the need for the reports and the benefits to be obtained from the reports. 11. In response to any violation of the conditions of this certification, the SDRWQCB may add to or modify the conditions of this certification as appropriate to ensure compliance. B. AUTHORIZED IMPACTS TO WATERS OF THE U.S. 1. Impacts to junsdictional waters of the U.S. shall not exceed the following: Habitat Type Southern Willow Scrub Mulefat Scrub Freshwater marsh Mnn-\A;ptlanrl \A/atpr°Q TOTAL Permanent Impacts (acre) 0.002 0.06 n ORU.VJO 0.122 Temporary Impacts (acre) 0.002 0.01 0.012 2. Impacts to waters of the U.S. shall not occur outside of the limits depicted in Figure 2 of the April 5, 2006, Habitat Revegetation, Maintenance & Monitoring Program (prepared by Planning Systems). 3 of 10 File No 04C-077 C. MITIGATION 1. Mitigation for permanent impacts to 0.122 acres and temporary impacts to 0.012 acres, will be achieved at the following ratios: Habitat Type Southern Willow Scrub Mulefat Scrub Freshwater marsh Non-wetland waters Total Permanent Impact Mitigation Ratio 3:1 2:1 2:1 Required Creation Acreage 0.006 0.120 0.120 0.246 Temporary Impact Mitigation Ratio 1:1 1:1 Required Restoration Acreage 0.002 0.010 0.012 2. Mitigation for both permanent and temporary impacts will be achieved through on-site creation of wetland habitat in the near lake vicinity of the project as described in the April 5, 2006, Habitat Revegetation, Maintenance and Monitoring Program, Calavera Dam Remedial Improvements Project (prepared by Planning Systems) 3. Within 90 days of the issuance of this certification, the Carlsbad Municipal Water District shall provide a draft preservation mechanism (e.g. deed restriction, conservation easement, etc.) that will protect all mitigation areas and their buffers in perpetuity. The conservation easement or other legal limitation on the mitigation property shall be adequate to demonstrate that the site will be maintained without future development or encroachment on the site or which could otherwise reduce the functions and values of the site for the variety of beneficial uses of waters of the U.S. that it supports. The conservation easement or other appropriate legal limitation shall prohibit, without exception, all residential, commercial, industrial, institutional, and transportation development, and any other infrastructure development that would not maintain or enhance the wetland functions and values of the site. Other infrastructure development to be prohibited includes, but is not limited to, additional utility lines, paved maintenance roads, and areas of maintained landscaping for recreation. The Carlsbad Municipal Water District shall submit proof of a completed preservation mechanism within one year of issuance of this certification. 4 of 10 File No 04C-077 4. The Carlsbad Municipal Water District shall submit a report (including topography maps and planting locations) to the SDRWQCB within 90 days of completion of mitigation site preparation and planting, describing as-built status of the mitigation project. If the site grading and planting are not completed within six weeks of each other, separate reports will be submitted describing those specific as-built conditions. 5. The construction of proposed mitigation shall be completed within the same calendar year as impacts occur, or at least no later than 9 months following the close of the calendar year in which impacts first occur (e.g., if impacts occur in June 2006, construction of mitigation for all impacts must be completed no later than September 2007). 6. Mitigation areas shall be maintained free of perennial exotic plant species including, but not limited to, pampas grass, giant reed, tamarisk, sweet fennel, tree tobacco, castor bean, and pepper tree. Annual exotic plant species shall not occupy more than 5 percent of the onsite or offsite mitigation areas. 7. If at any time during the implementation and establishment of the mitigation area(s), and prior to verification of meeting success criteria, a catastrophic natural event (e.g., fire, flood) occurs and impacts the mitigation area, the Carlsbad Municipal Water District shall be responsible for repair and replanting of the damaged area(s). 8. Mitigation monitoring reports shall be submitted annually until mitigation has been deemed successful. Monitoring reports shall be submitted no later than 30 days following the end of the monitoring period. Monitoring reports shall include, but not be limited to, the following: a) Names, qualifications, and affiliations of the persons contributing to the report; b) Tables presenting the raw data collected in the field as well as analyses of the physical and biological data; c) Qualitative and quantitative comparisons of current mitigation conditions with pre-construction conditions and previous mitigation monitoring results; d) Photodocumentation from established reference points; e) Survey report documenting boundaries of mitigation area; and f) Other items specified in the draft and final Wetland and Riparian Mitigation and Monitoring Plan. 5 of 10 File No 04C-077 9. For purposes of this certification, creation is defined as the creation of vegetated or unvegetated waters of the U.S where they have never been documented or known to occur (e.g., conversion of nonnative grassland to freshwater marsh). Restoration is defined as the creation of waters of the U.S. where they previously occurred (e.g., removal of fill material to restore a drainage). Enhancement is defined as modifying existing waters of the U.S. to enhance functions and values (e.g., removal of exotic plant species from junsdictional areas and replacing with native species). D. REPORTING 1. All information requested in this Certification is pursuant to California Water Code (CWC) section 13267. Civil liability may be administratively imposed by the Regional Board for failure to furnish requested information pursuant to CWC section 13268. 2. All applications, reports, or information submitted to the Regional Board shall be signed and certified as follows: "/ certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment." 3. The Carlsbad Municipal Water District shall submit reports required under this certification, or other information required by the Regional Board, to: Executive Officer California Regional Water Quality Control Board San Diego Region Attn: 401 Certification; File No 18-2004077.02 9174 Sky Park Court, Suite 100 San Diego, California 92123 REGIONAL WATER QUALITY CONTROL BOARD CONTACT PERSON: Christopher Means California Regional Water Quality Control Board, San Diego Region 9174 Sky Park Court, Suite 100 San Diego, CA92123 858-467-5581 cmeans@waterboards.ca.gov 6 of 10 File No 04C-077 WATER QUALITY CERTIFICATION: I hereby certify that the proposed discharge from the Calavera Dam Remedial improvements Project (File No. 04C-077) will comply with the applicable provisions of sections 301 ("Effluent Limitations"), 302 ("Water Quality Related Effluent Limitations"), 303 ("Water Quality Standards and Implementation Plans"), 306 ("National Standards of Performance"), and 307 ("Toxic and Pretreatment Effluent Standards") of the Clean Water Act. This discharge is also regulated under California Regional Water Quality Control Board, San Diego Region, Waiver of Waste Discharge Requirements (Waiver Policy) No. 17. Please note that this waiver is conditional and, should new information come to our attention that indicates a water quality problem, the regional Board may issue waste discharge requirements at that time. Except insofar as may be modified by any preceding conditions, all certification actions are contingent on (a) the discharge being limited and all proposed mitigation being completed in strict compliance with the applicants' project description and/or on the attached Project Information Sheet, and (b) on compliance with all applicable requirements of the Regional Water Quality Control Board's Water Quality Control Plan (Basin Plan). . Joblr^H. Robertus^ Date Executive Officer Regional Water Quality Control Board Attachments: 1. Project Information 2. Distribution List 3. Location Map 4. Coffer Dam schematic 5. Coffer Dam Picture 7 of 10 Attachment 1 File No 04C-077 Applicant: ATTACHMENT 1 PROJECT INFORMATION Mr. Christopher Muehlbacher Carlsbad Municipal Water District 1635 Faraday Avenue Carlsbad, CA 92008 Applicant Representatives: Project Name: Project Location: Type of Project: Project Description: Mr. Paul Klukas Planning Systems 1530 Faraday Avenue, Suite 100 Carlsbad, CA 92008 .Calavera Dam Remedial improvements Project The proposed project is located at Calavera Dam, approximately " 900 to 1,200 feet south if the intersection of Tamarack Avenue and Knollwood Drive, in the City of Carlsbad. Dam Outlet Repair The Lake Calavera Dam outlet works are currently inoperable, and are in need of repair to bring the dam in compliance with the CA Division of Dams and Safety requirements. The proposed project will consist of the repair of the intake and outlet works, spillway and access road, and construction of a new dam operations control building. The Cities original proposal included the draining of a majority of Lake Calavera and the discharge of 70 million gallons of lake water to Calavera Creek. The original proposal would have potentially impacted over 14 acres of wetlands. The Resource Agencies and the public opposed the original proposal. The City has now proposed a construction method that does not necessitate the lowering of the lake level. Repairs to the outlet pipe will be accomplished through placing a watertight temporary structure around the pipe and the utilization of an inflatable gasket inside to act as a work platform. The old tower will then be , removed and replaced with a new outlet pipe laid back to the dam face. As result of this construction method, impacts to wetlands have been reduced from 14.505 acres to 0.134 acres. Federal Agency/Permit: United States Army Corps of Engineers Nationwide Permit No. 3 8 of 10 Attachment 1 File No 04C-077 Other Required Regulatory Approvals- California Environmental Quality Act (CEQA) Compliance: Receiving Water: Impacted Waters of the United States: Dredge Volume: Related Projects Implemented/to be Implemented by the Apphcant(s): California Department of Fish & Game Streambed Alteration Agreement ,On April 18, 2006 the City of Carlsbad Approved the Mitigated Negative Declaration for the project Calavera Creek The proposed project will result in permanent impacts to 0.122 acres of waters of the state (southern willow scrub, mulefat scrub and non-vegetated streambed) and temporary impacts to 0.012 acres of waters of the State (southern willow scrub and freshwater marsh) n/a None Compensatory Mitigation: Mitigation for permanent impacts will be achieved through on-site creation of 0.246 acre of wetland habitat in the near lake vicinity of the project as described in the April 5, 2006, Habitat Revegetation, Maintenance and Monitoring Program, Calavera Dam Remedial Improvements Project (prepared by Planning Systems). Temporary impacts will be restored to pre-project conditions. Best Management Practices: Fees: During construction, this project will comply with the BMP requirements stipulated in the State Water Resources Control Board Order No. 99-08-DWQ, the NPDES General Permit for Storm Water Discharges Associated with Construction Activity. Total Due: $3,800.00 Total Paid (check No. 115515 & 118157): $3,800.00 9 of 10 Attachment 2 File No 04C-077 ATTACHMENT 2 DISTRIBUTION LIST Ms. Kan Coler U.S. Army Corps of Engineers Regulatory Branch 16885 W. Bernardo Dr., Suite 300 A San Diego, CA 92127 Mr. Paul Klukas Planning Systems 1530 Faraday Avenue Carlsbad, CA 92008 Ms. Tamara Spear California Department of Fish & Game 4949 Viewndge Avenue San Diego, CA 92123 State Water Resources Control Board Division of Water Quality 10 of 10 1st STAGE TOP SUF BRACKET FOR COFFE INSTALLATION & DEWAT (4 EA. AT 90' SPA MAX OPERATING POOL EL 214.00 EXISTING 7'0 OUTLET TOWER NOTE: ALL MEMBER SIZES ARE PRELIMENARY. DEMOLITION LINE- EL 197,00 £ NEW 24"0- INTAKE LINE jSSfeeit PORT- RDAM ERING CING)/ A(*£= H/* H H 4 — H •^=*2| £ EL 223.00 •'. **- ' f ?- *»l ' V *J.. fr TT i 0'vts*1- [- **= r L 1 j -" •** »* • - -V * V ' V •*- • * /• AH h H 1- \V -16'0 LIFT-IN COFFERDAM -N_EL 216.00 \ — /-WT 8x33.5 / RING1 STIFFENER RIBS /~W PL SKIN 1 r-^nd STAGE BOTTOM SUPPORT BRACKET FOR DEMOLITION & MODIFICATION (4 EA. AT 90' SPACING) TO BE INSTALLED BEFORE REMOVING EL. 188.00 ^-INFLATABLE SEAL IN CHANNEL HOUSING (C12x30) 9 REMEDIATION OF EXISTING TOWER USING LIFT-IN COFFERDAM nG> 4 SCALE: 1" - 5'-0" 5 BgpBKt^F 13COPY APPENDIX B California Department of Fish and Game Streambed Alteration Agreement (Notification No. 1600-2004-0101-R5) Page 1 of 7 CALIFORNIA DEPARTMENT OF FISH AND GAME 4949 Viewndge Avenue San Diego, California 92123 Notification No. 1600-2004-0101-R5 AGREEMENT REGARDING PROPOSED STREAM OR LAKE ALTERATION THIS AGREEMENT, entered into between the State of California, Department of Fish and Game, hereinafter called the Department, and Mr. Christopher Muehlbacher, representing Carlsbad Municipal Water District, 1635 Faraday Avenue, Carlsbad, CA, 92008 Telephone. (760)602-2736, FAX. (760)602-8562, hereinafter called the Operator, is as follows: WHEREAS, pursuant to Section 1602 of California Fish and Game Code, the Operator, on the 17th day of March, 2004, notified the Department that they intend to divert or obstruct the natural flow of, or change the bed, channel, or bank of, or use material from the streambed(s) of, the following water(s): Lake Cafavera Reservoir, tributary to Calavera Creek, tributary to Agua Hedionda Creek, San Diego County, California. WHEREAS, the Department, represented by Tamara Spear through a site visit on the 23rd of June, 2004, has determined that such operations may substantially adversely affect those existing fish and wildlife resources within the streambed of Lake Calavera Reservoir, tributary to Calavera Creek, tributary to Agua Hedionda Creek, specifically identified as follows. Birds: least Bell's vireo (Vireo be/Hipusillus), southwestern willow flycatcher (Empidonax trailii extimus), California gnatcatcher (Potioptila catifornica califomica), turkey vulture (Cathartes aura), red-tailed hawk (Buteo jamaicensis), red- shouldered hawk (Buteo lineatus), white-tailed kite (Elanus leucurus), northern harrier (Circus cyaneus), sharp-shinned hawk (Accipiter stnatus), Cooper's hawk (Accipiter cooperii), loggerhead shrike (Lanius ludovicianus), American kestrel (Falco spatverius), Nuttall's woodpecker (Picoides nuttallii), great blue heron (Ardea herodias), great egret (Ardea alba), domestic goose (Anserdomesficus), Canada goose (Branta canadensis), gadwall (Anas strepera), American wigeon (Anas amencana), mallard (Anas platyrhynchos), northern shoveler (Anas clypeata), ruddy duck (Oxyura jamaicensis), California quail (Caltipepla califomica), pied-grebe (Podilymbus podiceps), double-crested cormorant (Phalacrocorax auritus), common moorhen (Galtinula chloropus), American coot (Fufica amencana), killdeer (Charadrius vociferous), belted kingfisher (Ceryle alcyon), northern rough-winged swallow (Stelgidopteryx serripennis), cliff swallow (Petrochelidon pyrrhonota), mourning dove (Zenaida macroura), rock pigeon (Columba livia), greater roadrunner (Geococcyx californianus), Anna's hummingbird (Cafypte anna), northern flicker (Colaptes auratus), downy woodpecker (Picoides pubescens), olive-sided flycatcher (Contopus cooperi), Pacific-slope flycatcher (Empidonax difficilis), ash-throated flycatcher (Myiarchus cinerascens) western kingbird (Tyrannus verticals), black phoebe (Sayomis nigricans), Say's phoebe (Sayornis saya), Cassin's kingbird (Tyrannus vocifierans), scrub jay (Aphelocoma coeruiescens), American crow (Corvus brachyrhynchos), common raven (Corvus corax), ruby-crowned kinglet (Regulus calendula), hermit thrush (Catharus guttatus), wrentit (Chamaea fasciata), American pipit STREAMBED ALTERATION AGREEMENT #1600-2004-0101-R5 Page 2 of 7 (Anthus rubescens), bushtit (Psaltriparus minimus), Bewick's wren (Thryomanesbewtckii), house wren (Troglodytes aedon), blue-gray gnatcatcher (Polioptila californica), northern mockingbird (Mimus polygbttosj, California thrasher (Toxostoma redivivum), cedar waxwing (Bombycitla cedrorum), tricolored blackbird (Agelaius tricolor), western meadowlark (Sturnella neglecta), red-winged blackbird (Agefaius phoeniceus), orange- crowned warbler (Vermivora cefata), yellow warbler (Dendroica petechia), common yellowthroat (Geothiypis trichas), yellow-breasted chat (Icteria wrens), yellow-rumped warbler (Dendroica coronata), song sparrow (Metospiza melodia), spotted townee (Pipilo maculates), lark sparrow (Chondestes grammacus), savannah sparrow (Passerculus sandwichensis), black-headed grosbeak (Pheuctlcus melanocephalus), California townee (Piptfo cnssalis), white-crowned sparrow (Zonotrichia leucophrys), house finch (Carpodacus mexicanus), American goldfinch (Carduefis tristis), lesser goldfinch (Carduelis psaltria), Reptiles: Southwestern pond turtle (Clemmys marmorata), orange- throated whiptail (Cnemidophorus hyperythrus beldingi), Amphibians: western spadefoot toad (Scaphiopus hammondi), Pacific chorus frog (Pseudacris r&grlla); Mammals: San Diego black-tailed jackrabbit (Lepus califomicus bennettii), brush rabbit (Sylvilagus bachmani), California ground squirrel (Spermophilus beecheyi), Botta's pocket gopher (Thomomys bottae), Virginia oppossum (Didelphis virginiana), desert cottontail {Sylvilagus audubonii), woodrat (Neotoma sp.}, northern raccoon (Procyon lotor), striped skunk (Mephitis mephitis), coyote (Canls latrans)> Plants: thread-leaved brodiaea (Brodiaea frlifoffa), California adolphia {Adolphia californica); including the southern willow scrub, mule fat scrub, freshwater marsh, coast live oak woodland and surrounding Diegan coastal sage scrub, non-native grassland and disturbed/developed land which provide habitat for such species in the area, THEREFORE, the Department hereby proposes measures to protect fish and wildlife resources during the Operator's work. The Operator hereby agrees to accept the following measures/conditions as part of the proposed work. If the Operator's work changes from that stated in the notification specified above, this Agreement is no longer valid and a new notification shall be submitted to the Department of Fish and Game. Failure to comply with the provisions of this Agreement and with other pertinent code sections, including but not limited to Fish and Game Code Sections 5650, 5652, 5937, and 5948, may result in prosecution. Nothing in this Agreement authorizes the Operator to trespass on any land or property, nor does it relieve the Operator of responsibility for compliance with applicable federal, state, or local laws or ordinances. A consummated Agreement does not constitute the Department's endorsement of the proposed operation, or assure the Department's concurrence with permits required from other agencies. This Agreement becomes effective the date of Department's signature and terminates December 31, 2007, for project construction only. Any amendment of the termination date shall be by written mutual consent of the Operator and the Department, and shall be in compliance with the Department's regulations, policies and procedures in effect as of the date of such amendment Pursuant to Section 1600 et. seq., the Operator may request one extension of the agreement; the Operator shall request the extension of this Agreement prior to its STREAMBED ALTERATION AGREEMENT #1800-2004-0101-R5 Page 3 of 7 termination The one extension may be granted for up to five years from the date of termination of the Agreement and is subject to Departmental approval The extension request and fees shall be submitted to the Department's South Coast Office at the above address If the Operator fai|s 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 construction/impacts conducted under an expired Agreement are a violation of Fish and Game Code 1600 et. seq For complete information, see Fish and Game Code 1600 et. seq The Department reserves the right to suspend or cancel this Agreement for other reasons, including but not limited to the following circumstances. a The Department determines that the information provided by the Operator in support of the Notification/Agreement is incomplete or inaccurate b The Department obtains new information that was not known to it in preparing the terms and conditions of the Agreement. c The project or project activities as described in the Notification/Agreement have changed d The conditions affecting fish and wildlife resources change or the Department determines that project activities will result in a substantial adverse effect on the environment 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. 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 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. The Department reserves the right to enter the project site at any time to ensure compliance with terms/conditions of this Agreement. Project Location The project is located in and around the Lake Calavera Reservoir, approximately 900 to 1,200 feet south of the intersection of Tamarack Avenue and Knoliwood Drive in the City of Carslbad, San Diego County. STREAMBED ALTERATION AGREEMENT #1600-2004-0101-R5 Page 4 of 7 Project Description The Operator proposes to alter the streambed of Lake Calavera Reservoir, tributary to Calavera Creek, tributary to Agua Hedionda Creek, to accommodate the Lake Caiavera Reservoir Remedial Improvements Project The Lake Calavera Dam outlet works are currently inoperable and the proposed project consists of the repair of the intake and outlet works, spillway and access road, and construction of a new dam operations control building Repairs to the outlet pipe will be accomplished through placing a watertight temporary structure around the pipe and the utilization of an inflatable gasket inside to act as a work platform The old tower will then be removed and replaced with a new outlet pipe laid back to the dam face The project impacts 0 47 acre of streambed CONDITIONS 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 General: 1. The agreed work includes activities associated with the Project Location and Project Description described above. Specific work areas and mitigation measures are described on/in the plans and documents submitted by the Operator, and shad be implemented as proposed unless directed differently by this Agreement 2 The Operator shall provide a copy of the 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. 3 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 the above address, Attn: Tamara Spear, SAA#1600-2004-0101-R5. 4. In the event that the project scope, nature, or environmental impact is altered by the imposition of subsequent permit conditions by an local, state or federal regulatory authority, the Operator shall notify the Department of any imposed project modifications that interfere with compliance with Department conditions. Impacts 5. The Operator shall not impact more than 0.47 acre of streambed. Of these impacts, 0.40 are permanent, comprised of 0.40 acre of unvegetated streambed and 0.07 acre are temporary, comprised of 0.06 acre freshwater marsh and 0.01 acre unvegetated streambed. Mitigation 6. Permanent Impacts to 0.40 acre of unvegetated streambed shall be mitigated at a 2:1 ratio and temporary impacts to 0.06 acre of freshwater marsh and 0.01 acre of unvegetated streambed shall be mitigated at a 1 -1 ratio for a mitigation acreage requirement of 0.87 acres. Of this acreage, 0.47 acre shall be creation and the remaining 0.40 acre may be enhancement. STREAMBED ALTERATION AGREEMENT #1600-2004-0101-R5 P*9e 5 of 7 Temporary impacts to 0,07 acre of streambed shall be mitigated by restoring the streambed to preconstruction contours and revegetating with appropriate native wetland vegetation The Operator shall submit a plant palette to the Department for approval prior to initiating restoration activities. All mitigation shall occur m the near lake vicinity of the project as described in the "Habitat Revegetation, Maintenance and Monitoring Program, Calavera Dam Remedial Improvements Project/'dated July 18, 2006, prepared by Planning Systems. 7 AH mitigation shall be installed by the end of the first April following project initiation Any delay in the installation of mitigation will require an amendment to this Agreement and may result in the application of higher mitigation ratios than currently required by this Agreement to offset the additional temporal loss of habitat function, 8 The Operator shall mitigate at a minimum 5:1 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. 9 The Fina! Revegetation/Mitigation plan shall be designed to identify and meet the objectives of the successful establishment and long-term survival of wetland habitat. Department approval of the Final Revegetation/Mitigation plan is required prior to project initiation/impacts. 10. The Operator shall conduct protocol pond turtle surveys prior to construction and supply documentation of the surveys to the Department. If pond turtles are found on site, the Operator shall cease activities and notify the Department within 24 hours and seek further recommendation, Vegetation. Revegetation and Restoration 11. All planting shall have a minimum of 100% survival the first year and 80% survival thereafter and/or shall attain 75% cover of native target species after 3 years and 90% cover of native target species after 5 years for the life of the project Replacement plants shall be monitored with the same survival and growth requirements for 5 years after planting Nonnative species shall comprise less than 5% of the cover after 5 years. Invasive species shall comprise 0% of the cover at the end of the 5-year monitoring period. 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. Irrigation shall be stopped two years prior to achieving the success criteria. 12. All planting should be done between October 1 and April 30 to take advantage of the winter rainy season 13. The Operator shall submit a report to the Department within 45 days of completion of site preparation and planting, acknowledging the completion of the installation phase and documenting the as-built status of the mitigation project. The report shall include a plan or map diagram showing the mitigation area and the final as-built location of plantings, irrigation and other installations Photographs from representative vantage points shall also be included to document the final site conditions. 14 An annual report shall be submitted to the Department by January 1 of each year for 5 years after planting. This report shall include the survival, percentage of cover, and height STREAM8ED ALTERATION AGREEMENT #1600-2004-0101-R5 Page 6 of 7 of both tree and shrub species. 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. Photos from designated photo stations shall be included. 15 The Operator shall not be released form these maintenance and monitoring obligations until such time as the Operator has requested and received written concurrence from the Department that the success criteria have been met Work Period and Time Limits 16. The Operator shall not conduct project activity within the stream from February 15 to September 1 to avoid impacts to nesting birds, However, the Operator may remove vegetation during this time if a qualified biologist conducts a survey for nesting birds in all areas within 300 feet of the proposed activity, within 48 hours prior to the vegetation removal and ensures no nesting birds shall be impacted by the project. The results of the survey shall be provided in a written report to the Department If nesting birds are present, no work shall occur until the sensitivity of the bird species has been identified and appropriate buffer zones have been determined by the Department Habitat Protection 17. The Operator shall have a qualified biologist on site as needed for the purpose of monitoring and enforcing conditions of this Agreement 18. 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. 19. The perimeter of the work site shall be adequately flagged to prevent damage to adjacent riparian habitat. Structures 20 This Agreement does not authorize the construction of any temporary or permanent dam, structure, flow restriction or fill except as described in the Project Description. Equipment and Access 21 No equipment shall be operated in ponded or flowing areas except as described in the Project Description. 22. Staging/storage areas for equipment and materials shall be located outside of the stream 23. Access to the work site shall be via existing roads and access ramps or as described in the project description 24. 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. 25. 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. Page 7 of 7 Turbidlty/Siltation 26 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 Cleanup 27. 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, 28 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 29 Raw cement/concrete or washings thereof, asphalt, paint or other coating material, oil or other petroleum products, or any other substances which could be hazardous to aquatic life, resulting from project related activities, shall be prevented from contaminating the soil and/or entering the waters of the state. These materials, placed within or where they may enter a stream/lake, by Operator or any party working under contract, or with the permission of the Operator, shall be removed immediately 30 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 1 50 feet of the high water mark of any stream or lake 31 . 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. CONCURRENCE City of Carlsbad California Department of Fish and Game (signature) (date) (signature) (date) Christopher Muehlbacher, P.E. Mr. Michael J. Mulligan Deputy Regional Manager Prepared by, Tamara A Spear, Environmental Scientist APPENDIX C Department of the Army Nationwide Permit Authorization (No. 200400983-KJC) DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS SAN DIEGO FIELD OFFICE 16885 WEST BERNARDO DRIVE, SUITE 300A SAN DIEGO, CALIFORNIA 92127 Mny <, 9 REPLY TO ATTENTION OF ENGINEERING DEPARTMENT November 6, 2006 Office of the Chief Regulatory Branch DEPARTMENT OF THE ARMY NATIONWIDE PERMIT AUTHORIZATION Carlsbad Municipal Water District Attention Christopher Muehlbacher 1635 Faraday Avenue Carlsbad, California 92008-7314 Dear Mr Muehlbacher This is in reply to your letter (No. 200400983-KJC) dated April 11, 2006, concerning our permit authority under Section 404 of the Clean Water Act of 1972 (33 U S C. 1344) over your proposal to perform repair work to the Lake Calavera Dam located in the northeastern corner of the City of Carlsbad, San Diego County, California The Lake Calavera Dam Improvement Project will impact 0 47 acre of U S Army Corps of Engineers (Corps) jurisdictional waters of the U S., including 0.06 acre of wetlands, for repairs to many components of the existing dam structure. The improvements will consist of repairs to the intake/outlet structure, the outlet pipe, the spillway apron and channel, and to the existing dirt access road, see Figure 2 The intake/outlet pipeline repairs will include the demolition of the upper 26-foot portion of the existing tower, and construction of a new laid-back outlet pipe along the upstream face of the dam equipped with intake points and fish screens The tower removal and laid-back pipe replacement construction method will consist of the placement of an inflatable gasket and a water-tight temporary structure around the upper section of the existing tower and pumping out the water between this tower and the temporary structure, see Figure 5 A portion of the existing rock blanket, located on the upstream face of the dam, and consisting of rocks that are 1 to 2 feet in diameter, will be temporarily removed and replaced by a truck mounted crane to allow for the installation of the new laid-back outlet pipe, see Figure 4. An area 4 feet in width and 80 feet in length of the rock blanket will be temporarily stockpiled at the end of the dam crest road during the placement of the pre-cast laid-back outlet pipe, which will be secured in place through three saddle pipe supports placed on the dam. The existing 28-inch steel outlet pipe fixed to the bottom of the existing outlet tower and the 30- inch concrete pipe located through he bottom of the dam also require remediation. To repair these existing outlet pipes, the 28-inch steel pipe will be removed and the entire reach of pipeline will be repaired using a 28-inch diameter, high density polyethylene slip liner These improvements will necessitate the cutting of a temporary trail from the downstream end of the spillway to the outlet box The repairs to the dam spillway apron and channel involve demolition and restoration of the -2- existmg gunite surface on the spillway apron, and clearing, grading, and restoration of the spillway channel surface. The repairs will involve removal of approximately 7,500 square feet (sq ft ) of existing gunite spillway apron and channel wall, and replacement with reinforced gunite and concrete lining on the upper half, and Armorloc, an articulated concrete block revetment system of interlocking keys with open cells in which grasses and small shrubs may colonize, on the lower portion An existing dirt access road will be upgraded to an asphalt-concrete pavement on crushed aggregate base and extended to allow access over the restored spillway apron between the control building, to be constructed adjacent to the dam on the north side, and across the crest of the dam. The general Carlsbad Municipal Water District operations program for the reservoir upon completion for the remedial improvements is to maintain an annual median water surface elevation of approximately 208 ft above mean sea level (amsl), which is the level of the existing, open inoperable outflow control valve on the outlet tower Currently the reservoir drops significantly in the summer months, but once the intake/outlet structure is repaired the operations management will maintain the level of the reservoir at around 208 ft. amsl, with an operation range between 194 ft and 214 ft The extreme high water level will remain at 220 ft , the elevation of the spillway The Corps of Engineers has determined your proposed activity complies with the terms and conditions of Nationwide Permit (NWP) 3 and NWP 33 [Federal Register, January 15, 2002, pp 2020- 2095] Furthermore, you must comply with the following non-discretionary Special Conditions Special Conditions 1. The Permittee shall mitigate for permanent impacts to 0 40 acre of waters of the U. S , through the creation and enhancement of 0.87 acre of waters of the U S as described in the Habitat Mitigation and Monitoring Plan (FIMMP) "Draft 4 Habitat Revegetation, Maintenance & Monitoring Program Calavera Dam Remedial Improvements Project Carlsbad, California" (dated July 18, 2006, and prepared by Planning Systems). An updated version of this mitigation plan, with revisions to the coastal sage scrub mitigation as requested by the U.S. Fish and Wildlife Service (FWS), shall be provided to the Corps within 30 days of the date of this verification letter The Permittee shall begin implementation of this HMMP within 60 days of initiation of work in waters of the U.S. The Permittee's responsibility to complete the required compensatory mitigation as set forth in this Special Condition will not be considered fulfilled until the Permittee has demonstrated mitigation success and has received written verification from the Corps The temporary impacted areas at the project site, consisting of 0 06 acre of freshwater marsh and 0 01 acre of non-wetland waters of the U S., shall be returned to the pre-project grade and vegetation type 2 The Permittee shall submit to the Corps final wetland mitigation construction plans, specifications and drawings (including typical cross section of the proposed mitigation area(s)) based on the Corps approved final wetland mitigation plan for review and approval at least 2 weeks prior to implementing the compensatory wetland mitigation required by this NWP. The Permittee shall not implement the compensatory mitigation required until receiving Corps approval of these plans and drawings The final plans and specifications shall also include -3- A) All final specifications and topography based layout grading, planting, and irrigation as well as current conditions separate from the final specifications B) A provision that all wetland creation area shall be graded to the same 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 mimic natural wetland topography. If different elevations are proposed, then a rationale for these elevations must be provided to the Corps for review and approval, C) All planting shall be installed in a manner that mimics natural plant distribution (e g , random and/or aggregate distributions rather than uniform rows) Plantings shall generally be placed within the mitigation areas along hydrologic gradients that make sense in relation to each plant's facultative category (e g , obligate, facultative, etc ) D) By the first anniversary of the initial planting, all dead plants shall be replaced unless their function has been replaced by natural recruitment as verified by the Corps E) A final implementation schedule that indicates when all wetland/water impacts, as well as mitigation site grading, planting, and irrigation shall begin and end F) Five years of explicit, measurable, and Corps approved success criteria based on the purpose of the compensatory mitigation, design of the site and functional assessment criteria shall be used to evaluate the mitigation site in the yearly monitoring reports Yearly monitoring reports shall include comparison of the mitigation area against the success criteria both when the mitigation is implemented and yearly after construction The comparison shall specifically relate to species composition and plant diversity. Success shall not be based on a comparison with other wetlands areas on the property No invasive species may present G) Upon completion of the monitoring period, the area must be Corps junsdictional. 3. The Permittee shall not install planting and irrigation until the Corps has approved the mitigation site grading The Permittee shall contact the Corps for verification of proper grading of the mitigation site at least 2 weeks prior to the planned date of initiating planting 4 If changes are made to the mitigation design during its implementation, the Permittee shall immediately notify the Corps If changes are determined to be greater than minimal by the Corps, the Permittee shall coordinate with the Corps and obtain Corps approval prior to taking any remedial on the ground action or making any change to the Corps approved final mitigation plan. If changes are determined to be greater than minimal by the Corps, as-built drawings (including representative cross section of the mitigation area(s)) of the mitigation grading, planting and irrigation shall be submitted to the Corps within 30 days of implementing the redesigned mitigation 5 The Permittee shall restore any mitigation areas damaged by natural storm flows, vandalism, neglect, etc. Any subsequent replanting shall follow the initial planting procedures outlined in the Corps approved final mitigation plan 6 The Permittee shall submit annual mitigation monitoring reports to the Corps within 60 days of the anniversary of mitigation implementation until directed otherwise by the Corps The report shall document results of the monitoring program, any potential problem areas within the proposed mitigation areas, and all maintenance and/or remedial activities such as necessary additional plantings including time of installation and watering schedule, etc -4- 7 Management of conserved areas shall be performed by a management entity that shall be approved by the Corps 8. The Permittee shall record a Conservation Easement (CE in a form approved by the Corps, which shall run with the land, obligating the Permittee, its successors and assigns to protect and maintain the 0 87-acre mitigation area (as shown in attached Figure 6) as natural open space in perpetuity The CE must include a 3rd party easement holder qualified to hold easements pursuant to California Civil Code 815.3 The Permittee must provide monies in the form of an endowment (endowment amount to be determined by Property Analysis Record or similar methodology) for the purposes of fulfilling the 3rd party easement holder's responsibilities under the CE The CE shall preclude establishment of fuel modification zones, paved public trails, drainage facilities, walls, maintenance access roads and/or future easements, except as provided in the Project Description. Further, to the extent practicable, any such facilities outside the CE shall be sited to minimize indirect impacts on the avoided, created, restored and enhanced wetland and non-wetland waters of the U.S Prior to its execution and within 60 days of issuance of this permit, the Permittee shall submit a draft CE to the Corps for review. The Permittee shall receive written approval (by letter or e-mail) from the Corps of this CE prior to it being executed and recorded The CE shall be executed and recorded and a recorded copy furnished to the Corps no later than 6 months of the date of this permit. 9 The Permittee shall post financial assurance ("financial assurance") in a form approved by the Corps for the estimated cost of implementing the approved FIMMP (including a 20% contingency to be added to the total costs) no later than 30 days after the initiation of construction in waters of the U S The purpose of this financial assurance is to guarantee the successful implementation, maintenance and monitoring of the wetland and non-wetland waters creation and restoration Our preferred form of financial assurance is a Performance Bond, in which case, you shall post a Performance Bond for 120% of the anticipated cost of the mitigation and monitoring associated with the project, as indicated above In addition, A) The bonding company must appear on the Department of Treasury Circular 570, Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies For a current list of Treasury-authorized companies, write or call the Surety Bond Branch, Financial Management Services, Department of the Treasury, Washington DC 20227, (202) 874-6850 or at the following website. httpV/www fms.treas gov/c570/c570.html B) The performance bond shall be released only upon a determination by the Corps that successful mitigation has been completed. C) Alternatively, the Corps will accept an irrevocable letter of credit in the same amount in lieu of a Performance Bond The terms of the irrevocable letter of credit are subject to Corps approval. 10 The Permittee shall clearly mark the limits of the workspace with flagging or similar means to ensure mechanized equipment does not enter preserved waters of the U S and riparian wetland/habitat areas shown on Figure 2. Adverse impacts to waters of the U.S beyond the Corps-approved construction footprint are not authorized. Such impacts could result in permit suspension and revocation, administrative, civil or criminal penalties, and/or substantial, additional, compensatory mitigation requirements -5- 11 The Permittee shall provide written notification to the U S Army Corps of Engineers San Diego Field Office (Corps), FWS, and the Regional Water Quality Control Board (RWQCB) prior to commencement of the activity authorized herein and the date of completion of operations at least five days prior to such completion The notification shall include the following A) Corps File Number (200400983-KJC), B) Name of company performing work and onsite point of contact, C) Size and type of equipment that shall be performing the work and, D) Schedule for beginning and ending the project 12 Prior to the onset of the authorized activity, the Permittee shall implement a contractor education program to ensure that all onsite personnel are informed of the biologically sensitive resources associated with the project site and compliance with all the terms and conditions herein The Permittee shall provide all supervisory onsite personnel a copy of this permit, and require all supervisory onsite personnel read, understand and agree to this authorization in its entirety prior to initiation of the authorized activity. 13 The Permittee shall post a copy of this permit onsite including all general and special conditions herein at all times during the authorized activity 14. The Permittee shall allow Corps representatives to inspect the authorized activity at any time deemed necessary to ensure compliance with all of the general and special conditions herein 15. No debris, soil, silt, sand, sawdust, rubbish, cement or concrete washings thereof, oil or petroleum products, from construction shall be allowed to enter into or placed where it may be washed by rainfall or runoff into waters of the United States Therefore, the Permittee shall employ all standard Best Management Practices to ensure that toxic materials, silt, debris, or excessive erosion do not enter waters of the United States during project construction. Upon completion of Lake Calavera Dam improvements, any excess material or debris shall be removed from the work area and disposed of in an appropriate upland site. 16 The Permittee shall discharge only clean construction materials suitable for use in the aquatic environment. 17. The Permittee shall ensure that water quality is maintained by incorporating the terms and conditions of the Section 401 Water Quality Certification File No 04C-077, issued by the RWQCB on May 15, 2006 and amended August 11, 2006 The terms and conditions of this Section 401 Water Quality Certification shall become conditions of this permit 18 Within 45 calendar days of completion of authorized work in waters of the U.S , the Permittee shall submit to the Corps a post-project implementation memo indicating the date authorized impacts to waters of the U S ceased. 19. Within 45 calendar days of complete installation of all mitigation, the Permittee shall submit to the Corps two copies of a memo indicating the following A) Date(s) all mitigation was installed and monitoring was initiated, B) Schedule for future mitigation monitoring, implementation and reporting pursuant to final, -6- Corps-approved HMMP, C) Summary of compliance status with each special condition of this permit (including any noncomphance previously occurred or currently occurring and corrective actions taken to achieve compliance), D) Color photographs taken at the project site before and after construction for those aspects directly associated with impacts to waters of the U S , and E) One copy of "as built" drawings for the entire project, including all mitigation sites The drawings shall be submitted on paper that is no larger than 11x17 inches 20 The Permittee 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 supplies to the site have stopped for a minimum of two years, the site may be considered, at the Corps' discretion, for early approval In addition to the success criteria outlined in the final mitigation and monitoring plan, evidence of wetland hydrology and natural recruitment of native wetland vegetation must be present throughout the mitigation site in order to obtain final Corps approval of the mitigation areas Also, all irrigation equipment shall be removed from the mitigation site prior to Corps approval As indicated in the approved mitigation plan, wetland delineations shall be conducted in accordance with the 1987 Corps Wetland Delineation Manual prior to sign off Annual mitigation maintenance and monitoring reports shall be submitted to the Corps within 60 days of the anniversary of mitigation implementation 21 The Permittee shall request a site inspection and compliance check by the Corps at the end of the five-year monitoring period The Permittee shall schedule and arrange the final compliance and inspection meeting At that time, all final contingency measures shall be implemented by the Permittee as directed by the Corps The Corps must approve and provide written confirmation of the success of the mitigation before monitoring can be discontinued In addition, once success of the mitigation site has been confirmed by the Corps, in writing, then the performance bond can be released Endangered Species Act. 1 This Corps permit does not authorize you to take any threatened or endangered species, in particular the coastal California gnatcatcher (Pohoptila cahfornica califormcd) or adversely modify its designated critical habitat In order to legally take a listed species, you must have separate authorization under the Endangered Species Act (ESA) (e g ESA section 10 permit, or a Biological Opinion (BO) under ESA section 7, with "incidental take" provisions with which you must comply) The FWS reviewed the City of Carlsbad's consistency determination for the Lake Calavera Dam Improvement Project and concurred with the City's determination that the project meets the standards of their Habitat Management Plan (HMP) In doing so, the project's impacts to fish and wildlife are covered under section 10 of the Endangered Species Act, and no further consultation between the Corps and the FWS is necessary. To minimize impacts to and avoid take of the federally endangered coastal California gnatcatcher, the Permittee shall implement the following minimization measures, which were included in the project design submitted as part of the permit application for the project A) Clearing of coastal sage scrub within the project alignment shall be restricted to outside of the gnatcatcher breeding season (August 16 through February 28) -7- B) Construction during the gnatcatcher breeding season shall be avoided OR construction noise levels shall be maintained below 60 dBA Leq at occupied nest locations The maintenance of appropriate noise levels shall be confirmed through protocol gnatcatcher surveys to determine presence of all gnatcatcher within 500 feet of project construction and noise measurements at nest locations during peak construction activity by a qualified acoustician 2 Prior to initiation of project construction, the Permittee shall notify the FWS in writing of the intended project initiation date and anticipated duration of the construction period The notification shall include verification of compliance with special condition 1 above Cultural Resources 1 Pursuant to 36 C F R. section 800.13, in the event of any discoveries during construction of either human remains, archeological deposits, or any other type of historic property, the Permittee shall notify the Corps' Archeology Staff within 24 hours (Steve Dibble at 213-452-3849, Pam Maxwell at 213-452- 3877, or John Killeen at 213-452-3861) The Permittee shall immediately suspend all work in any area(s) where potential cultural resources are discovered The Permittee shall not resume construction in the area surrounding the potential cultural resources until the Corps re-authorizes project construction, per36CFR section 800 13 This letter of verification is valid through March 19, 2007 All nationwide permits expire on March 19, 2007. If you either contract the work or begin construction on or before March 19, 2007 you will have an additional 12 months to complete the activity under the attached nationwide permit terms and conditions. If the work is not under construction or contract by March 19, 2007 the work will be subject to regulations in effect at the time when you re-apply for a permit. It is incumbent upon you to remain informed of changes to the nationwide permits If the Corps of Engineers modifies, reissues, or revokes any nationwide permit at an earlier date, we will issue a public notice announcing the changes A nationwide permit does not grant any property rights or exclusive privileges Also, it does not authorize any injury to the property or rights of others or authorize interference with any existing or proposed Federal project Furthermore, it does not obviate the need to obtain other Federal, state, or local authorizations required by law Thank you for participating in our regulatory program. If you have any questions, please contact Kan J. Coler of my staff at (858) 674-6783 Sincerely, .nnette M. Baker nior Project Manager South Coast Section Regulatory Branch Enclosure Copies Furnished Planning Systems Attn PaulKlukas 1530 Faraday Avenue, Suite 100 Carlsbad, CA 92008 U S Fish & Wildlife Service Attn Marci Koski 6010 Hidden Valley Road Carlsbad, CA 92009 CA Department of Fish & Game Attn: Tamara Spear 4949 Viewndge Avenue San Diego, CA 92123 CA Regional Water Quality Control Board Attn Christopher Means 9174 Sky Park Court Suite #100 San Diego, CA 92123 -9- LOS ANGELES DISTRICT U S ARMY CORPS OF ENGINEERS CERTIFICATION OF COMPLIANCE WITH DEPARTMENT OF THE ARMY NATIONWIDE PERMIT Permit Number 200400983-KJC Name of Permittee: Carlsbad Municipal Water District Date of Issuance November 6, 2006 Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address U S Army Corps of Engineers Regulatory Branch ATTN: CESPL-CO-R-200400983-KJC 16885 West Bernardo Drive San Diego, California 92127 Please note that your permitted activity is subject to a compliance inspection by an Army Corps of Engineers representative If you fail to comply with this nationwide permit you may be subject to permit suspension, modification, or revocation procedures as contained in 33 CFR 330.5 or enforcement procedures such as those contained in 33 CFR 326 4 and 326.5 I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of the said permit, and required mitigation was completed in accordance with the permit condition(s). Signature of Permittee Date MSA #01-068-07 •*V-r t~. ^ •I • wn V-*&:-•* >£..;:..-\m'tt& •• VSV ";|; .: ^"/J^P^""^' 5fSs»sSc?^^":--' • i; -^3fc v -- njs.^^^s^.,; > --'^.. - _Ij^^ , •,.,. .i- -''• T - x--^' ' j-l'i'-^V-,_^ ; />^»k-i'--"- ,;,- ,>?W^-' i' ~. ~^>- -^j^^-b^^ ^M^?5w^-^. i .;--AXiRi' •-\X-^K^;^:r-:"-,v,^::;k:^?-.^R--,^^\ V&^C^X-F ' fs • if T. -•', " H-"-1. i^::- ^telPfcBf ? • .v1".;.i'? •£. --y---y,.-::\/;'?'-*r-.\- •>-A^--i-*sVi:'.tKi;i:-?'•*«*VT?\ -^'f-1 • ^; • 'i l^«a^ -^vr^^'^ C&M-M:^^A ^:^i!^S^& r^f^y ); M - ' 'vy'1/ ~-- -- ^*v<? . ) '/f/i:^-L^'-^^^S^-'• J '•' • ''\ ~ v n-''iV»vf'/ i^^U • •--*?&: ?r^; to<^T-. -^C :^'B^ ^^ "-/f€i;?^iC: v '^•;'/li'»F •1; " <• ' I^^^J'fflPk"'' >^ &.'& ^- V ^4?^-^- !iM^.';--' i;'c- - "7. • "/'•-.- /i^Tfr "•' \^i-^-'^:i^?^^ Lake Calavera Dam Improvements Study Area Lake Calavera Study Area (M&A 2002, Revised 2003) | | Lake Calavera Trails Study Area (M&A 2005, Revised = 2000' Project Vicinity Map Lake Calavera Dam Improvements Project Source. USGS 7.5' San Luis Rey, CA Quadrangle Figure 1 Merkel & Associates, Inc— M&A #01-068-07 Vegetation Communities Open Water Coastal and Valley Freshwater Marsh Mule Fat Scrub Southern Willow Scrub Coast Live Oak Woodland Diegan Coastal Sage Scrub Dlegan Coastal Sage Scrub/Reveg Coyote Brush Scrub Non-native Grassland Disturbed Habitat Non-native Vegetation Urban/Developed A/Non-wetland Waters of the U SVStreambed (Label = ACOE, CDFG junsdictonal width) Sensitive Species • California adolphla (Adolphla califbrmca) • Coastal California Gnateatcher (focus surveys (Polioptl/a califomica califomica) A Coastal California Gnateatcher (Poliopttla califomica califomica) A NuttalPs Woodpecker (Picoides nuttallii) Jurisdictions B ACOE, CDFG IT!! CDFG Only Project Impacts Temporary Impacts Ephemeral Pool road/trail pool (P# = survey location)100 200 Feet Biological Resources and Proposed Project Impacts Map Lake Calavera Dam Improvements Project Figure fl Merkel & Associates, Inc.- 11 It'll f),\ if -I ll\v'-U --.:;"-. •!Illl|!Sifc-i4 ^tfsff / '^ v':-^ ) / y^n^^U!;';?- ",h Ca/avera ReservoirROCK BLANKET REMOVAL AREA TO BE REPLACED IN SAME LOCATION AFTER INSTALLATION OF LAID-BACK INTAKE STRUCTURE (PERMANENT) TEMPORARY ROCK BLANKET STOCKPILE Legend T Army Corps Jurisdiction Rock blanket material to be removed and replaced by truck-mounted crane O1 25' 50'100'2001 Calavera Dam Temporary Rock Blanket Removal and Replacement Carlsbad, California Scale: 1" = 100' /-;Tf ao!1. 1st STAGE TOP SUPPORT — , ? EL 22300 BRACKET FOR COFFERDAM INSTALLATION & DEWATERING C4 EA. AT 90' SPACING) POOL EL 214.00\/ EXISTING 7'0 OUTLET TOWER (9'-8" O.D.)— -- NOTE: ALL MEMBER SIZES ARE PRELIMENARY. DEMOLITION LINE- EL 197.00 <£ NEW 24> — INTAKE LINE ?f /^ H H A\ H^- +— / ^ '3a""&("&~5j--r^^ ^a^^j^^ '/ •''i •..;, / i*- :" •' -f "<!> ^.^ ' '*L' ",• •i- >•_• "5 «rL""". vl* **y "•* 1 ^T ,-- •*.* " /**" // 4* J J »i»- TT ffM / \ r _ ^ • *- \ , ;V f t°* ' , — \rJ — ~ . * * >'; ^}' - -*• ;•-. •^:! — — \\ ',8-i^=y\ i j I " t> -;. "^ % "^ * j -4 '• . "?' <t > ,-•' r-16'«S LIFT-IN / rOFFFRDAU vv ~Y>^ EL 216.00 i \- H h — h i 1 \(\ VL6x6^ VATT R\/T;"^ ^/ Wl OXOO.O / RING ' STIFFENER RIBS /~W PL SKIN // -2nd STAGE BOTTOM SUPPORT BRACKET FOR DEMOLITION & MODIFICATION (4 EA. AT 90' SPACING) TO BE INSTALLED BEFORE REMOVING EL 18800 ^-INFLATABLE SEAL IN CHANNEL HOUSING (C12x30) "^Vi^ — ^~«rT •V^^ji^Sj-j-3t3-£&3*cI REMEDIATION OF EXISTING TOWER USING LIFT-IN COFFERDAM F|G_ 4 SCALE: 1" - 5'-0" Ct" a n O B & s5- 1 iiji ! ! ! I J O Oi g § J 0 0 ! w -j | 0 0! o o1 -fc 00 0 0 i S 8 • 0 0 s i i0 1 1 i ° i i !i 5 1 I i oo , 1 j ! 'o o o o o *- -^ |O **.JO 0 -J - (0 l>> 0, OS 00 p> i! 3 11 9 n O Reveaetation Plan ATIONWIDE PERMIT NUMBER NW03 andNW33 TERMS AND CONDITIONS 1. Nationwide Permit NW03 andNW33 Terms Your activity is authorized under Nationwide Permit Number NW03 andNW33 subject to the following terms Nationwide Permit Number 3 Maintenance Activities related to (i) The repair, rehabilitation, or replacement of any previously authorized, currently serviceable, structure, or fill, or of any currently serviceable structure or fill authorized by 33 CFR 330 3, provided that the structure or fill is not to be put to uses differing from those uses specified or contemplated for it in the original permit or the most recently authorized modification Minor deviations in the structure's configuration or filled area including those due to changes in materials, construction techniques, or current construction codes or safety standards which are necessary to make repair, rehabilitation, or replacement are permitted, provided the adverse environmental effects resulting from such repair, rehabilitation, or replacement are minimal Currently serviceable means useable as is or with some maintenance, but not so degraded as to essentially require reconstruction This NWP authorizes the repair, rehabilitation, or replacement of those structures or fills destroyed or damaged by storms, floods, fire or other discrete events, provided the repair, rehabilitation, or replacement is commenced, or is under contract to commence, within two years of the date of their destruction or damage In cases of catastrophic events, such as hurricanes or tornadoes, this two-year limit may be waived by the District Engineer, provided the permittee can demonstrate funding, contract, or other similar delays (n) Discharges of dredged or fill material, including excavation, into all waters of the US to remove accumulated sediments and debris in the vicinity of, and within, existing structures (e g , bridges, culverted road crossings, water intake structures, etc ) and the placement of new or additional riprap to protect the structure, provided the permittee notifies the District Engineer in accordance with General Condition 13 The removal of sediment is limited to the minimum necessary to restore the waterway in the immediate vicinity of the structure to the approximate dimensions that existed when the structure was built, but cannot extend further than 200 feet in any direction from the structure The placement of rip rap must be the minimum necessary to protect the structure or to ensure the safety of the structure All excavated materials must be deposited and retained in an upland area unless otherwise specifically approved by the District Engineer under separate authorization Any bank stabilization measures not directly associated with the ^structure will require a separate authorization from the District Engineer (m) Discharges of dredged or fill material, including excavation, into all waters of the US for activities associated with the restoration of upland areas damaged by a storm, flood, or other discrete event, including the construction, placement, or installation of upland protection structures and minor dredging to remove obstructions in a water of the US (Uplands lost as a result of a storm, flood, or other discrete event can be replaced without a Section 404 permit provided the uplands are restored to their original pre-event location This NWP is for the activities in waters of the US associated with the replacement of the uplands ) The permittee must notify the District Engineer, in accordance with General Condition 13, within 12-months of the date of the damage and the work must commence, or be under contract to commence, within two years of the date of the damage The permittee should provide evidence, such as a recent topographic survey or photographs, to justify the extent of the proposed restoration The restoration of the damaged areas cannot exceed the contours, or ordinary high water mark, that existed before the damage The District Engineer retains the right to determine the extent of the pre-existing conditions and the extent of any restoration work authorized by this permit Minor dredging to remove obstructions from the adjacent waterbody is limited to 50 cubic yards below the plane of the ordinary high water mark, and is limited to the amount necessary to restore the pre-existing bottom contours of the waterbody The dredging may not be done primarily to obtain fill for any restoration activities The discharge of dredged or fill material and all related work needed to restore the upland must be part of a single and complete project This permit cannot be used in conjunction with NWP 18 or NWP 19 to restore damaged upland areas This permit cannot be used to reclaim historic lands lost, over an extended period, to normal erosion processes This permit does not authorize maintenance dredging for the primary purpose of navigation and beach restoration This permit does not authorize new stream channelization or stream relocation projects Any work authorized by this permit must not cause more than minimal degradation of water quality, more than minimal changes to the flow characteristics of the stream, or increase flooding (See General Conditions 9 and 21) (Sections 10 and 404) Note This NWP authorizes the repair, rehabilitation, or replacement of any previously authorized structure or fill that does not qualify for the Section 404(f) exemption for maintenance Nationwide Permit Number 33 Temporary Construction, Access and Dewatenng Temporary structures, work and discharges, including cofferdams, necessary for construction activities or access fills or dewatermg of construction sites; provided that the associated primary activity is authorized by the Corps of Engineers or the USCG, or for other construction activities not subject to the Corps or USCG •egulations Appropriate measures must be taken to maintain near normal downstream flows and to minimize flooding Fill must be of materials, and placed in a manner, that will not be eroded by expected high flows The use of dredged material may be allowed if it is Jetermmed by the District Engineer that it will not cause more than minimal adverse effects on aquatic resources Temporary fill must e entirely removed to upland areas, or dredged material returned to its original location, following completion of the construction activity, and the affected areas must be restored to the pre-project conditions Cofferdams cannot be used to dewater wetlands or other aquatic areas to change their use Structures left in place after cofferdams are removed require a Section 10 permit if located in navigable waters of the U S (See 33 CFR part 322) The permittee must notify the District Engineer in accordance with the "Notification" General Condition The notification must also include a restoration plan of reasonable measures to avoid and minimize adverse effects to aquatic resources The District Engineer will add special conditions, where necessary, to ensure environmental adverse effects is minimal Such conditions may include limiting the temporary work to the minimum necessary, requiring seasonal restrictions, modifying the restoration plan, and requiring alternative construction methods (e g construction mats in wetlands where practicable ) (Sections 10 and 404) 2 Nationwide Permit General Conditions The following general conditions must be followed in order for any authorization by an NWP to be valid 1 Navigation No activity may cause more than a minimal adverse effect on navigation 2 Proper Maintenance Any structure or fill authorized shall be properly maintained, including maintenance to ensure public safety 3 Soil Erosion and Sediment Controls Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no-flow 4 Aquatic Life Movements. No activity may substantially disrupt the necessary life-cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water Culverts placed in streams must be installed to maintain low flow conditions 5 Equipment Heavy equipment working in wetlands must be placed on mats, or other measures must be taken to minimize soil disturbance 6 Regional and Case-By-Case Conditions The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330 4(e)) Additionally, any case specific conditions added by the Corps or by the state or tribe in its Section 401 Water Quality Certification and Coastal Zone Management Act consistency determination. 7 Wild and Scenic Rivers No activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an official study status, unless the appropriate Federal agency, with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation, or study status Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency in the area (e g, National Park Service, U S Forest Service, Bureau of Land Management, U S Fish and Wildlife Service) 8 Tnbal Rights No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights 9. Water Quality (a) In certain states and tribal lands an individual 401 Water Quality Certification must be obtained or waived (See 33 CFR 330 4(c)) (b) For NWPs 12,14,17,18, 32, 39, 40, 42, 43, and 44, where the state or tribal 401 certification (either genencally or individually) does not require or approve water quality management measures, the permittee must provide water quality management measures that will ensure that the authorized work does not result in more than minimal degradation of water quality (or the Corps determines that compliance with state or local standards, where applicable, will ensure no more than minimal adverse effect on water quality) An important component of water quality management includes stormwater management that minimizes degradation of the downstream aquatic system, including water quality (refer to General Condition 21 for stormwater management requirements) Another important component of water quality management is the establishment and maintenance of vegetated buffers next to open waters, including streams (refer to General Condition 19 for vegetated buffer requirements for the NWPs) This condition is only applicable to projects that have the potential to affect water quality While appropriate measures must be taken, in most cases it is not necessary to conduct detailed studies to identify such measures or to require monitoring 10 Coastal Zone Management In certain states, an individual state coastal zone management consistency concurrence must be obtained or waived (see Section 330 4(d)) 11 Endangered Species (a) No activity is authorized under any NWP which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will destroy or adversely modify the critical habitat of such species Non-federal permittees shall notify the District Engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the project, or is located in the designated critical habitat and shall not begin work on the activity until notified by the District Engineer that the requirements of the ESA have been satisfied and that the activity is authorized For activities that may affect Federally-listed endangered or threatened species or designated critical habitat, the notification must include the name(s) of the endangered or threatened species that may be affected by the proposed work or that utilize the designated critical habitat that may be affected by the proposed work As a result of formal or informal consultation with the FWS or NMFS the District Engineer may add species-specific regional endangered species conditions to the NWPs (b) Authorization of an activity by a NWP does not authorize the "take" of a threatened or endangered species as defined under the ESA In the absence of separate authorization (e g, an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc ) from the USFWS or the NMFS, both lethal and non-lethal "takes" of protected species are in violation of the ESA Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the USFWS and NMFS or their world wide web pages at http //www fws gov/r9endspp/endspp html and http //www nfms gov/prot_res/esahome html respectively 12 Historic Properties No activity which may affect historic properties listed, or eligible for listing, in the National Register of Historic Places is authorized, until the District Engineer has complied with the provisions of 33 CFR Part 325, Appendix C The prospective permittee must notify the District Engineer if the authorized activity may affect any historic properties listed, determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on the National Register of Historic Places, and shall not begin the activity until notified by the District Engineer that the requirements of the National Historic Preservation Act have been satisfied and that the activity is authorized Information on the location and existence of historic resources can be obtained from the State Historic Preservation Office and the National Register of Historic Places (see 33 CFR 330 4(g)) For activities that may affect historic properties listed in, or eligible for listing in, the National Register of Historic Places, the notification must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property 13 Notification (a) Timing where required by the terms of the NWP, the prospective permittee must notify the District Engineer with a preconstruction notification (PCN) as early as possible The District Engineer must determine if the notification is complete within 30 days of the date of receipt and can request additional information necessary to make the PCN complete only once However, if the prospective permittee does not provide all of the requested information, then the District Engineer will notify the prospective permittee that the notification is still incomplete and the PCN review process will not commence until all of the requested information has been received by the District Engineer The prospective permittee shall not begin the activity (1) Until notified in writing by the District Engineer that the activity may proceed under the NWP with any special conditions imposed by the District or Division Engineer, or (2) If notified in writing by the District or Division Engineer that an Individual Permit is required, or (3) Unless 45 days have passed from the District Engineer's receipt of the complete notification and the prospective permittee has not received written notice from the District or Division Engineer Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330 5(d)(2) (b) Contents of Notification The notification must be in writing and include the following information (1) Name, address and telephone numbers of the prospective permittee, (2) Location of the proposed project, (3) Brief description of the proposed project, the project's purpose, direct and indirect adverse environmental effects the project would cause, any other NWP(s), Regional General Permits), or Individual Permit(s) used or intended to be used to authorize any part of the proposed project or any related activity. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP (Sketches usually clarify the project and when provided result in a quicker decision ), (4) For NWPs 7,12,14,18, 21, 34, 38, 39, 41, 42, and 43, the PCN must also include a delineation of affected special aquatic sites, including wetlands, vegetated shallows (e g , submerged aquatic vegetation, seagrass beds), and riffle and pool complexes (see paragraph 13(f)), (5) For NWP 7 (Outfall Structures and Maintenance), the PCN must include information regarding the original design capacities and configurations of those areas of the facility where maintenance dredging or excavation is proposed, (6) For NWP 14 (Linear Transportation Crossings), The PCN must include a compensatory mitigation proposal to offset permanent losses of waters of the US and a statement describing how temporary losses of waters of the US will be minimized to the maximum extent practicable, (7) For NWP 21 (Surface Coal Mining Activities), the PCN must include an Office of Surface Mining (OSM) or state- approved mitigation plan, if applicable To be authorized by this NWP, the District Engineer must determine that the activity complies with the terms and conditions of the NWP and that the adverse environmental effects are minimal both individually and cumulatively and must notify the project sponsor of this determination in writing, (8) For NWP 27 (Stream and Wetland Restoration), the PCN must include documentation of the prior condition of the site that will be reverted by the permittee, (9) For NWP 29 (Single-Family Housing), the PCN must also include (i) Any past use of this NWP by the Individual Permittee and/or the permittee's spouse, (n) A statement that the single-family housing activity is for a personal residence of the permittee, (in) A description of the entire parcel, including its size, and a delineation of wetlands For the purpose of this NWP, parcels of land measuring Vi-acre or less will not require a formal on-site delineation However, the applicant shall provide an indication of where the wetlands are and the amount of wetlands that exists on the property For parcels greater than 14-acre in size, formal wetland delineation must be prepared in accordance with the current method required by the Corps (See paragraph 13(f)), (iv) A written description of all land (including, if available, legal descriptions) owned by the prospective permittee and/or the prospective permittee's spouse, within a one mile radius of the parcel, in any form of ownership (including any land owned as a partner, corporation, joint tenant, co-tenant, or as a tenant-by-the-entirety) and any land on which a purchase and sale agreement or other contract for sale or purchase has been executed, (10) For NWP 31 (Maintenance of Existing Flood Control Projects), the prospective permittee must either notify the District Engineer with a PCN prior to each maintenance activity or submit a five year (or less) maintenance plan In addition, the PCN must include all of the following (i) Sufficient baseline information identifying the approved channel depths and configurations and existing facilities Minor deviations are authorized, provided the approved flood control protection or drainage is not increased, (11) A delineation of any affected special aquatic sites, including wetlands, and, (in) Location of the dredged material disposal site, (11) For NWP 33 (Temporary Construction, Access, and Dewaterrng), the PCN must also include a restoration plan of reasonable measures to avoid and minimize adverse effects to aquatic resources, (12) For NWPs 39, 43 and 44, the PCN must also include a written statement to the District Engineer explaining how avoidance and minimization for losses of waters of the US were achieved on the project site, (13) For NWP 39 and NWP 42, the PCN must include a compensatory mitigation proposal to offset losses of waters of the US or justification explaining why compensatory mitigation should not be required For discharges that cause the loss of greater than 300 linear feet of an intermittent stream bed, to be authorized, the District Engineer must determine that the activity complies with the other terms and conditions of the NWP, determine adverse environmental effects are minimal both individually and cumulatively, and waive the limitation on stream impacts in writing before the permittee may proceed, (14) For NWP 40 (Agricultural Activities), the PCN must include a compensatory mitigation proposal to offset losses of waters of the US This NWP does not authorize the relocation of greater than 300 linear-feet of existing serviceable drainage ditches constructed in non-tidal streams unless, for drainage ditches constructed in intermittent non-tidal streams, the District Engineer waives this criterion in writing, and the District Engineer has determined that the project complies with all terms and conditions of this NWP, and that any adverse impacts of the project on the aquatic environment are minimal, both individually and cumulatively, (15) For NWP 43 (Stormwater Management Facilities), the PCN must include, for the construction of new stormwater management facilities, a maintenance plan (in accordance with state and local requirements, if applicable) and a compensatory mitigation proposal to offset losses of waters of the US For discharges that cause the loss of greater than 300 linear feet of an intermittent stream bed, to be authorized, the District Engineer must determine that the activity complies with the other terms and conditions of the NWP, determine adverse environmental effects are minimal both individually and cumulatively, and waive the limitation on stream impacts in writing before the permittee may proceed, (16) For NWP 44 (Mining Activities), the PCN must include a description of all waters of the US adversely affected by the project, a description of measures taken to minimize adverse effects to waters of the US, a description of measures taken to comply with the criteria of the NWP, and a reclamation plan (for all aggregate mining activities in isolated waters and non-tidal wetlands adjacent to headwaters and any hard rock/mineral mining activities), (17) For activities that may adversely affect Federally-listed endangered or threatened species, the PCN must include the name(s) of those endangered or threatened species that may be affected by the proposed work or utilize the designated critical habitat that may be affected by the proposed work, and (18) For activities that may affect historic properties listed in, or eligible for listing in, the National Register of Historic Places, the PCN must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property (c) Form of Notification The standard Individual Permit application form (Form ENG 4345) may be used as the notification but must clearly indicate that it is a PCN and must include all of the information required in (b) (1)-(18) of General Condition 13 A letter containing the requisite information may also be used (d) District Engineer's Decision In reviewing the PCN for the proposed activity, the District Engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest The prospective permittee may submit a proposed mitigation plan with the PCN to expedite the process The District Engineer will consider any proposed compensatory mitigation the applicant has included in the proposal in determining whether the net adverse environmental effects to the aquatic environment of the proposed work are minimal If the District Engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse effects on the aquatic environment are minimal, after considering mitigation, the District Engineer will notify the permittee and include any conditions the District Engineer deems necessary The District Engineer must approve any compensatory mitigation proposal before the permittee commences work If the prospective permittee is required to submit a compensatory mitigation proposal with the PCN, the proposal may be either conceptual or detailed If the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the District Engineer will expeditiously review the proposed compensatory mitigation plan The District Engineer must review the plan within 45 days of receiving a complete PCN and determine whether the conceptual or specific proposed mitigation would ensure no more than minimal adverse effects on the aquatic environment If the net adverse effects of the project on the aquatic environment (after consideration of the compensatory mitigation proposal) are determined by the District Engineer to be minimal, the District Engineer will provide a timely written response to the applicant The response will state that the project can proceed under the terms and conditions of the NWP If the District Engineer determines that the adverse effects of the proposed work are more than minimal, then the District Engineer will notify the applicant either (1) that the project does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an Individual Permit, (2) that the project is authorized under the NWP subject to the applicant's submission of a mitigation proposal that would reduce the adverse effects on the aquatic environment to the minimal level, or (3) that the project is authorized under the NWP with specific modifications or conditions Where the District Engineer determines that mitigation is required to ensure no more than minimal adverse effects occur to the aquatic environment, the activity will be authorized within the 45-day PCN period The authorization will include the necessary conceptual or specific mitigation or a requirement that the applicant submit a mitigation proposal that would reduce the adverse effects on the aquatic environment to the minimal level When conceptual mitigation is included, or a mitigation plan is required under item (2) above, no work in waters of the US will occur until the District Engineer has approved a specific mitigation plan (e) Agency Coordination The District Engineer will consider any comments from Federal and state agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the project's adverse environmental effects to a minimal level For activities requiring notification to the District Engineer that result in the loss of greater than Vi-acre of waters of the US, the District Engineer will provide immediately (e g, via facsimile transmission, overnight mail, or other expeditious manner) a copy to the appropriate Federal or state offices (USFWS, state natural resource or water quality agency, EPA, State Historic Preservation Officer (SHPO), and, if appropriate, the NMFS) With the exception of NWP 37, these agencies will then have 10 calendar days from the date the material is transmitted to telephone or fax the District Engineer notice that they intend to provide substantive, site-specific comments If so contacted by an agency, the District Engineer will wait an additional 15 calendar days before making a decision on the notification. The District Engineer will fully consider agency comments received within the specified time frame, but will provide no response to the resource agency, except as provided below The District Engineer will indicate in the administrative record associated with each notification that the resource agencies' concerns were considered As required by Section 305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and Management Act, the District Engineer will provide a response to NMFS within 30 days of receipt of any Essential Fish Habitat conservation recommendations Applicants are encouraged to provide the Corps multiple copies of notifications to expedite agency notification (f) Wetland Delineations Wetland delineations must be prepared in accordance with the current method required by the Corps (For NWP 29 see paragraph (b)(9)(m) for parcels less than Vi-acre in size) The permittee may ask the Corps to delineate the special aquatic site There may be some delay if the Corps does the delineation Furthermore, the 45-day period will not start until the wetland delineation has been completed and submitted to the Corps, where appropriate 14 Compliance Certification Every permittee who has received NWP verification from the Corps will submit a signed certification regarding the completed work and any required mitigation The certification will be forwarded by the Corps with the authorization letter and will include (a) A statement that the authorized work was done in accordance with the Corps authorization, including any general or specific conditions, (b) A statement that any required mitigation was completed in accordance with the permit conditions, and (c) The signature of the permittee certifying the completion of the work and mitigation 15 Use of Multiple Nationwide Permits The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the US authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit (eg if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the US for the total project cannot exceed 1/3- acre) 16 Water. Supply Intakes No activity, including structures and work m navigable waters of the US or discharges of dredged or fill material, may occur in the proximity of a public water supply intake except where the activity is for repair of the public water supply intake structures or adjacent bank stabilization 17 Shellfish Beds No activity, including structures and work in navigable waters of the US or discharges of dredged or fill material, may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWP 4 18 Suitable Material No activity, including structures and work in navigable waters of the US or discharges of dredged or fill material, may consist of unsuitable material (e g, trash, debris, car bodies, asphalt, etc ) and material used for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the CWA) 19 Mitigation The District Engineer will consider the factors discussed below when determining the acceptability of appropriate and practicable mitigation necessary to offset adverse effects on the aquatic environment that are more than minimal (a) The project must be designed and constructed to avoid and minimize adverse effects to waters of the US to the maximum extent practicable at the project site (i e, on site) (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing or compensating) will be required to the extent necessary to ensure that the adverse effects to the aquatic environment are minimal (c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland impacts requiring a PCN, unless the District Engineer determines in writing that some other form of mitigation would be more environmentally appropriate and provides a project-specific waiver of this requirement Consistent with National policy, the District Engineer will establish a preference for restoration of wetlands as compensatory mitigation, with preservation used only in exceptional circumstances (d) Compensatory mitigation (i e, replacement or substitution of aquatic resources for those impacted) will not be used to increase the acreage losses allowed by the acreage limits of some of the NWPs For example, !/4-acre of wetlands cannot be created to change a %-acre loss of wetlands to a ]/2-acre loss associated with NWP 39 verification However, Vz-acre of created wetlands can be used to reduce the impacts of a Vi-acre loss of wetlands to the minimum impact level in order to meet the minimal impact requirement associated with NWPs (e) To be practicable, the mitigation must be available and capable of being done considering costs, existing technology, and logistics in light of the overall project purposes Examples of mitigation that may be appropriate and practicable include, but are not limited to reducing the size of the project, establishing and maintaining wetland or upland vegetated buffers to protect open waters such as streams, and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferably in the same watershed (f) Compensatory mitigation plans for projects in or near streams or other open waters will normally include a requirement for the establishment, maintenance, and legal protection (e g, easements, deed restrictions) of vegetated buffers to open waters In many cases, vegetated buffers will be the only compensatory mitigation required Vegetated buffers should consist of native species The width of the vegetated buffers required will address documented water quality or aquatic habitat loss concerns Normally, the vegetated buffer will be 25 to 50 feet wide on each side of the stream, but the District Engineers may require slightly wider vegetated buffers to address documented water quality or habitat loss concerns Where both wetlands and open waters exist on the project site, the Corps will determine the appropriate compensatory mitigation (e g, stream buffers or wetlands compensation) based on what is best for the aquatic environment on a watershed basis In cases where vegetated buffers are determined to be the most appropriate form of compensatory mitigation, the District Engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland impacts. (g) Compensatory mitigation proposals submitted with the "notification" may be either conceptual or detailed If conceptual plans are approved under the verification, then the Corps will condition the verification to require detailed plans be submitted and approved by the Corps prior to construction of the authorized activity in waters of the US (h) Permittees may propose the use of mitigation banks, m-heu fee arrangements or separate activity-specific compensatory mitigation In all cases that require compensatory mitigation, the mitigation provisions will specify the party responsible for accomplishing and/or complying with the mitigation plan 20 Spawning Areas Activities, including structures and work in navigable waters of the US or discharges of dredged or fill material, in spawning areas during spawning seasons must be avoided to the maximum extent practicable Activities that result in the physical destruction (e g, excavate, fill, or smother downstream by substantial turbidity) of an important spawning area are not authorized 21 Management of Water Flows To the maximum extent practicable, the activity must be designed to maintain preconstruction downstream flow conditions (e g, location, capacity, and flow rates) Furthermore, the activity must not permanently restrict or impede the passage of normal or expected high flows (unless the primary purpose of the fill is to impound waters) and the structure or discharge of dredged or fill material must withstand expected high flows The activity must, to the maximum extent practicable, provide for retaining excess flows from the site, provide for maintaining surface flow rates from the site similar to preconstruction conditions, and provide for not increasing water flows from the project site, relocating water, or redirecting water flow beyond preconstruction conditions. Stream channelizing will be reduced to the minimal amount necessary, and the activity must, to the maximum extent practicable, reduce adverse effects such as flooding or erosion downstream and upstream of the project site, unless the activity is part of a larger system designed to manage water flows In most cases, it will not be a requirement to conduct detailed studies and monitoring of water flow This condition is only applicable to projects that have the potential to affect waterflows While appropriate measures must be taken, it is not necessary to conduct detailed studies to identify such measures or require monitoring to ensure their effectiveness Normally, the Corps will defer to state and local authorities regarding management of water flow 22 Adverse Effects From Impoundments If the activity creates an impoundment of water, adverse effects to the aquatic system due to the acceleration of the passage of water, and/or the restricting its flow shall be minimized to the maximum extent practicable This includes structures and work in navigable waters of the US, or discharges of dredged or fill material 23 Waterfowl Breeding Areas Activities, including structures and work in navigable waters of the US or discharges of dredged or fill material, into breeding areas for migratory waterfowl must be avoided to the maximum extent practicable 24 Removal of Temporary Fills Any temporary fills must be removed in their entirety and the affected areas returned to their preexisting elevation 25 Designated Critical Resource Waters Critical resource waters include, NOAA-designated marine sanctuaries, National Estuarine Research Reserves, National Wild and Scenic Rivers, critical habitat for Federally listed threatened and endangered species, coral reefs, state natural heritage sites, and outstanding national resource waters or other waters officially designated by a state as having particular environmental or ecological significance and identified by the District Engineer after notice and opportunity for public comment The District Engineer may also designate additional critical resource waters after notice and opportunity for comment (a) Except as noted below, discharges of dredged or fill material into waters of the US are not authorized by NWPs 7,12, 14,16,17, 21, 29, 31, 35, 39, 40, 42, 43, and 44 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters Discharges of dredged or fill materials into waters of the US may be authorized by the above NWPs in National Wild and Scenic Rivers if the activity complies with General Condition 7 Further, such discharges may be authorized in designated critical habitat for Federally listed threatened or endangered species if the activity complies with General Condition 11 and the USFWS or the NMFS has concurred in a determination of compliance with this condition (b) For NWPs 3, 8,10,13,15,18,19, 22, 23, 25, 27, 28,30, 33, 34, 36, 37, and 38, notification is required in accordance with General Condition 13, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters The District Engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal 26 F;//s Within 100-Year Floodplams For purposes of this General Condition, 100-year floodplams will be identified through the existing Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or FEMA-approved local floodplam maps (a) Discharges in Floodplam, Below Headwaters Discharges of dredged or fill material into waters of the US within the mapped 100-year floodplam, below headwaters (i e five cfs), resulting in permanent above-grade fills, are not authorized by NWPs 39, 40, 42, 43, and 44 (b) Discharges in Floodway, Above Headwaters Discharges of dredged or fill material into waters of the US within the FEMA or locally mapped floodway, resulting in permanent above-grade fills, are not authorized by NWPs 39, 40, 42, and 44 (c) The permittee must comply with any applicable FEMA-approved state or local floodplam management requirements 27 Construction Period For activities that have not been verified by the Corps and the project was commenced or under contract to commence by the expiration date of the NWP (or modification or revocation date), the work must be completed within 12- months after such date (including any modification that affects the project) For activities that have been verified and the project was commenced or under contract to commence within the verification period, the work must be completed by the date determined by the Corps For projects that have been verified by the Corps, an extension of a Corps approved completion date may be requested This request must be submitted at least one month before the previously approved completion date 3. Regional Conditions for the Los Angeles District In accordance with General Condition Number 6, "Regional and Case-by-Case Conditions," the following Regional Conditions, as added by the Division Engineer, must be met in order for an authorization by any Nationwide to be valid. 1 For coastal watersheds from the southern reach of the Santa Monica Mountains in Los Angeles County to the San Luis Obispo County/Monterey County boundary, all road crossings must employ a bridge crossing design that ensures passage and/or spawning of steelhead (Oncorhynchus myhss) is not hindered in any way In these areas, bridge designs that span the stream or river, including designs for pier- or pile-supported spans, or designs based on use of a bottomless arch culvert simulating the natural stream bed (i e, substrate and streamflow conditions in the culvert are similar to undisturbed stream bed channel conditions) shall be employed unless it can be demonstrated the stream or river does not support resources conducive to the recovery of federally listed Anadromous salmomds, including migration of adults and smolts, or rearing and spawning This proposal also excludes approach embankments into the channel unless they are determined to have no detectable effect on steelhead 2 For the State of Arizona and the Mojave and Sonoran (Colorado) desert regions of California in Los Angeles District (generally north and east of the San Gabriel, San Bernardino, San Jacinto, and Santa Rosa mountain ranges, and south of Little Lake, Inyo County), no nationwide permit, except Nationwide Permits 1 (Aids to Navigation), 2 (Structures in Artificial Canals), 3 (Maintenance), 4 (Fish and Wildlife Harvesting, Enhancement, and Attraction Devices and Activities), 5 (Scientific Measurement Devices), 6 (Survey Activities), 9 (Structures in Fleeting and Anchorage Areas), 10 (Mooring Buoys), 11 (Temporary Recreational Structures), 20 (Oil Spill Cleanup), 22 (Removal of Vessels), 27 (Stream and Wetland Restoration Activities), 30 (Moist Soil Management for Wildlife), 31 (Maintenance of Existing Flood Control Projects), 32 (Completed Enforcement Actions), 35 (Maintenance Dredging of Existing Basins), 37 (Emergency Watershed Protection and Rehabilitation), and 38 (Cleanup of Hazardous and Toxic Waste), or other nationwide or regional general permits that specifically authorize maintenance of previously authorized structures or fill, can be used to authorize the discharge of dredged or fill material into a junsdictional special aquatic site as defined at 40 CFR Part 230 40-45 (sanctuaries and refuges, wetlands, mudflats, vegetated shallows, coral reefs, and riffle-and-pool complexes) 3 For all projects proposed for authorization by nationwide or regional general permits where prior notification to the District Engineer is required, applicants must provide color photographs or color photocopies of the project area taken from representative points documented on a site map Pre-project photographs and the site map would be provided with the permit application Photographs should represent conditions typical or indicative of the resources before impacts 4 Notification pursuant to general condition 13 shall be required for projects in all special aquatic sites as defined at 40 CFR Part 230 40-45 (sanctuaries and refuges, wetlands, mudflats, vegetated shallows, coral reefs, and riffle-and-pool complexes), and in all perennial watercourses or waterbodies in the State of Arizona and the Mojave and Sonoran (Colorado) desert regions of California in Los Angeles District (generally north and east of the San Gabriel, San Bernardino, San Jacinto, and Santa Rosa mountain ranges, and south of Little Lake, Inyo County), excluding the Colorado River from Davis Dam downstream to the north end of Topock and downstream of Imperial Dam 5 Notification pursuant to general condition 13 shall be required for projects in all areas designated as Essential Fish Habitat by the Pacific Fishery Management Council (i e, all tidally influenced areas) 6 Notification pursuant to general condition 13 shall be required for projects in all watersheds in the Santa Monica Mountains in Los Angeles and Ventura counties bounded by Calleguas Creek on the west, by Highway 101 on the north and east, and by Sunset Boulevard and Pacific Ocean on the south 7 Individual permits shall be required for all junsdictional vernal pools 8 Individual permits shall be required in Murneta Creek and Temecula Creek watersheds in Riverside County for new permanent fills in perennial and intermittent watercourses otherwise authorized under NWPs 39, 42 and 43, and in ephemeral watercourses for these NWPs for projects that impact greater than 0 1 acre 9 Individual permits shall be required in San Luis Obispo Creek and Santa Rosa Creek in San Luis Obispo County for bank stabilization projects, and in Gaviota Creek, Mission Creek and Carpmtena Creek in Santa Barbara County for bank stabilization projects and grade control structures 4. Further information 1 Congressional Authorities You have been authorized to undertake the activity described above pursuant to () Section 10 of the Rivers and Harbors Act of 1899 (33 U S C 403) (X) Section 404 of the Clean Water Act (33 U S C 1344) 2 Limits of this authorization (a) This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. (b) This permit does not grant any property rights or exclusive privileges (c) This permit does not authorize any injury to the property or rights of others (d) This permit does not authorize interference with any existing or proposed 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 permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes (:>) Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest (c) Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit (d) Design or construction deficiencies associated with the permitted work (e) Damage claims associated with any future modification, suspension, or revocation of this permit 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 in reliance on the information you provided 5 Reevaluation of Permit Decision This office may reevaluate its decision on this permit at any time the circumstances warrant Circumstances that could require a reevaluation include, but are not limited to, the following (a) You fail to comply with the terms and conditions of this permit (b) The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above) (c) Significant new information surfaces which this office did not consider in reaching the original public interest decision Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 330 5 or enforcement procedures such as those contained in 33 CFR 326 4 and 326 5 The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measure ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209 170) accomplish the corrective measures by contract or otherwise and bill you for the cost 6 This letter of verification is valid for a period not to exceed two years unless the nationwide permit is modified, reissued, revoked, or expires before that time 7 You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition H below 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 of this permit from this office, which may require restoration of the area 8 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 of your permit APPENDIX D Department of Water Resources Division of Safety of Dams APPENDIX E San Diego Gas & Electric Sempra Energy utility" IUECEIVED APR 05 2006 ENGINEERING DEPARTMENTSDG&E Project Management Letter of Transmittal/Communication To Chris Muehlbacher From Maria Higgms Subject Lk Calavera Remedial Improvement Phone* 760-480-7647 DPSS# 430711-010/020 Date 03/28/2006 CC D Please notify us immediately if enclosures are not as noted D For Your Action D Submit Specified Item D Approved As Submitted D Rejected D For Your Information D Revise & Resubmit D Approved As Noted D Per Your Request D For Your Approval D For Review & Comment D Make Corrections As Noted D A Confirmation Copies 1 1 Description Underground Customer Package for level 010 Electric Meter & Service Location Underground Service Order level 020 Comments: Subject Lake Calavera Remedial Improvements Per Maria you requested another Customer Copy for the above project be sent to you Enclosed are your copies, please call me if you have any questions Rosemary 760-480-7645 D Project Management - Metro 8315 Century Park Court, Suite 210 San Diego, CA 92123-1550 D Project Management - Orange County 622 Cammo De Los Mares San Clemente, CA 92673-2827 D Project Management - Northern 571 Enterprise Street Escondido, CA 92029-1244 D Distribution Work Flow and Planning 8316 Century Park Court, Suite 52C San Diego, CA 92123-1582 £H?£ AK5/ iemPratnergyut"it>r ELFCTRIC METER & SERVICE LOCATION TB / IV WANTED DATE O /_3—~ DOVu .SAP x&LJNDERGROUND-SPECS ATTACHED JjT MEET REQ'D D RESIDENTIAL PROJECT NO -? //'JOB NO K MORATORIUM EFFECT - AGENCY TYPE CONTACTCA6(X //I l&h \ Effort?^ DATE CRITICAL - PENDING STREET RESURFACING MONTH YEAR PHONE #TCPREQ'DD ST EXC & PERMITS REQ'D D CUST DSDG&E SERVICE ATTACHMENT POINT AND/OR METER LOCATION /tap t 3fMs<i re SDG&E APPLICATION REO'D^fCALL/ Q(J\,/- 'NOTE INSPEC REQ'D PRIOR TO SET*D STATE GENERAL CUSTOMER INFORMATION Meter Height - 4'0" mm - 6'3" max from finish grade to center line of meter base Meters are required to be readily accessible 24 hours per day Meters must be located in a safe area free of any potentially hazardous or dangerous condition Provide 3 ft X 3 ft minimum clear and level working space in front of meter Where meter room is proposed, contact the Planner at the nearest SDG&E office Meter bases and meter service disconnects must be located at or immediately adjacent to each other and be identified with address and unit number it serves POLE # LADDER ARMS REQ'D D EXISTING D STOP TRENCH Dl" D7'/2" FROM POLE RISER QUAD . OVERHEAD SERVICES PROVIDE MINIMUM GROUND CLEARANCE OF Ft at point of attachment of service wires Ft over driveway or parking area Ft at outer limit of vehicular traffic Ft UNDERGROUND SERVICE PROCEDURE FOR INSTALLATION 1 Pay all monies due D APPLICABLE D NOT APPLICABLE 2 Phone SDG&E at 3 working days prior to trenching to arrange with inspector and initiate trenching process 3 PHONE DIG ALERT 1-800-227-2600 AT LEAST TWO DAYS PRIOR TO TRENCH- ING FOR LOCATION OF UNDERGROUND UTILITIES 4 Excavate trench, install conduit and service entrance equipment at meter location CALL ABOVE PHONE # FOR INSPECTION Do not cover conduit without inspector's written approval to backfill 5 Call inspector when trench is backfilled and compacted for inspection If service entrance equipment is installed after backfill, CALL ABOVE PHONE # FOR INSPECTION OF THE EQUIPMENT 6 Meter will be set after inspector has approved installation, including service equipment, and receipt of city/county/state* inspection clearance ADD'L INFORMATION (Detach before completing this section JT TRENCH DGAS DtELCO DCATV SEC HEIGHT CABLE POLE CONDUIT BY D CUSTOMER D SDG&E SIZE. CABLE POLE BEND BY D CUST D SDG&E 90° .RADIUS SCH 80 SIZE . HANDHOt.E BY PI CUSTOMER fl SDG&E FlSTDPAGF* CONDUIT BY JCUSTOMER D SDG&E SIZE / TRENCH INSPECTED & APPROVED BY PAYMENT BY CUST CBL PL $EXCESS $MISC $ jT_$r_WIRE MAIN SWITCH .PHASED VOLTAGE /_ METER CLIPS PLANNER _[ METERING DCT'S ^^S^ELF-CONTAINED DTEST BY PASS FACILITIES REQ'D UTILITIES MAXIMUM CONTRIBUTION TO FAULT CURRENlJ^ *-' ^^ AMPS TELEPHONE DATEO' If SDG&E encounters hazardous or toxic material while performing construction of your project, SDG&E will halt work immediately and it will be your responsibility to remove and/or clean up all hazardous or toxic material prior to SDG&E continuing construction SDG&E shall have no liability or obligation whatsoever to clean up, remove ot remediate any hazardous or toxic materials discovered during the course of construction unless itis through negligence of SDG&E Customer-owned facilities to receive electrical service are subject to all applicable local and state of California inspection authority requirements Building address and/or meter base must be postedprior to meter set Information on this sheet is void after 6 months from date Keep this notice withbuilding permit DISTRIBUTION WHITE ORIGINAL - Customer WHITE COPY - District Operations YELLOW - Planner GOLD - C T Order 107-09212 (3/04) , CM 1i Hi CJ i < pV 0 ' '>m 2 1 CO1 t Dr cd i EHO ' ^<C ' HO4 i CO1 ! 1 ! !. j rn t H i frli Si W1 >i O i Crfi CM' S 1 H is1 M 1 P i Wi S I CL]i erf !I > EH ' t-HEd i rf.Ed i CJ ™ i So Pa i <n.u i 3crf <: iEH Pn 1 •cj i a Kl Crf i Sj w i <!Pa P i 2 Crf lQ O ' i § S ' PF o i 5 ' OJH P OU ' KlD i CM O Crf i >-•O H i EHW CO l M Z lQ8; ^r 1 O i§! 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SBC will provide the service wire when a service order has been placed by the customer. I have included copies of SBC 'General Specifications'. Please ca!! me if you have any questions. Thank you, Mary Ward Manager-OSP Engineer SBC West 619/574-2066 oLi-COz<c I— oI— o Q Om ^Sfe gsSWH dr ll oCJ ONVS .tl <B NIH . 31O toCO ou.oUJCLoo o;UJ2UJO APPENDIX G Carlsbad Conditional Use Permit 1 PLANNING COMMISSION RESOLUTION NO. 5890 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION FOR REPAIRS TO 4 THE EXISTING LAKE CALAVERA RESERVOIR INTAKE AND OUTLET WORKS, SPILLWAY AND ACCESS ROAD, AND OUTLET PIPING AND THE CONSTRUCTION OF A 6 NEW DAM OPERATIONS CONTROL BUILDING, LOCATED APPROXIMATELY 900 TO 1,200 FEET SOUTH OF THE 7 INTERSECTION OF TAMARACK AVENUE AND KNOLLWOOD DRIVE, IN LOCAL FACILITIES 8 MANAGEMENT ZONE 7. o CASE NAME: LAKE CALAVERA RESERVOIR REMEDIAL IMPROVEMENTS 10 CASE NO.: CUP 04-11 11 WHEREAS, Carlsbad Municipal Water District, "Developer/Owner," has filed 12 a verified application with the City of Carlsbad regarding property described as 13 A portion of Lots D and L of Rancho Agua Hedionda, 14 according to Map No. 823, filed in the Office of the County Recorder of San Diego County on May 1, 1915, in the City of 15 Carlsbad, County of San Diego, State of California 1 ("the Property"); and 17 WHEREAS, a Mitigated Negative Declaration was prepared in conjunction with 18 said project; and 2Q WHEREAS, the Planning Commission did on the 18th day of January 2006, 21 hold a duly noticed public hearing as prescribed by law to consider said request; and 22 WHEREAS, at said public hearing, upon hearing and considering all testimony 23 and arguments, examining the initial study, analyzing the information submitted by staff, and 24 considering any written comments received, the Planning Commission considered all factors 25 relating to the Mitigated Negative Declaration; and26 27 WHEREAS, the Lake Calavera Reservoir Remedial Improvements project site is 28 located within the boundaries of the City of Carlsbad Habitat Management Plan and North San Diego County Multiple Habitat Conservation Plan, both of which contain technical information related to the identification and protection of conservation areas and the impact assessment and 2 mitigation measures for the incidental take of habitats and species of concern within the plan 3 areas; and 4 WHEREAS, all relevant information contained in the City of Carlsbad Habitat g Management Plan and North San Diego County Multiple Habitat Conservation Plan, on file in 7 the Planning Department and incorporated by reference herein, has been analyzed and ° considered in the environmental determination. 9 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 10 Commission as follows: 11 A) That the foregoing recitations are true and correct. 13 B) That based on the evidence presented at the public hearing, the Planning Commission hereby ADOPTS the Mitigated Negative Declaration, Exhibit "ND," 14 dated January 18, 2006 according to Exhibits "NOI" dated December 12, 2005, and "PH" dated November 30, 2005, attached hereto and made a part hereof, 15 based on the following findings: 16 Findings: 17 1. The Planning Commission of the City of Carlsbad does hereby find: 18 a. it has reviewed, analyzed and considered the Mitigated Negative Declaration and the environmental impacts therein identified for this project and any comments 20 thereon prior to APPROVING the project; and 21 b. the Mitigated Negative Declaration has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines 22 and the Environmental Protection Procedures of the City of Carlsbad; and 23 c. it reflects the independent judgment of the Planning Commission of the City of 24 Carlsbad; and 25 d. based on the EIA Part II and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. 26 Conditions; 1. As a condition of this approval, applicant must comply with the requirements of all 28 regulatory agencies having jurisdiction over the project and any mitigation requirements of the environmental documents for the project. PCRESONO. 5890 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. Developer shall implement, or cause the implementation of, the Lake Reservoir Remedial Improvement Project Mitigation Monitoring and Program. Calavera Reporting PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 18th day of January 2006, by the following vote, to wit: AYES: Chairperson Montgomery, Commissioners Baker, Dominguez, Heineman, Segall and Whitton NOES: ABSENT: ABSTAIN:•-tr"m 1**i^' ^ r ff MARTELL B. MONTGOMERY, Chairperson CARLSBAD PLANNING COMMISSION ATTEST:§LyL DON NEU Assistant Planning Director PCRESONO. 5890 -3- Cardosa, 1 PLANNING COMMISSION RESOLUTION NO. 5891 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE 4 CONSTRUCTION OF AN APPROXIMATELY 480 SQUARE FOOT INTAKE/OUTLET CONTROL BUILDING FOR THE LAKE CALAVERA RESERVOIR DAM OPERATIONS ON 6 PROPERTY GENERALLY LOCATED APPROXIMATELY 900 TO 1,200 FEET SOUTH OF THE INTERSECTION OF 7 TAMARACK AVENUE AND KNOLLWOOD DRIVE, IN LOCAL FACILITIES MANAGEMENT ZONE 7. 8 CASE NAME: LAKE CALAVERA RESERVOIR REMEDIAL IMPROVE! CASE NO.: CUP 04-11 9 IMPROVEMENTS 10 WHEREAS, Carlsbad Municipal Water District, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as 13 A portion of Lots D and L of Rancho Agua Hedionda, according to Map No. 823, filed in the Office of the County 14 Recorder of San Diego County on May 1, 1915, in the City of Carlsbad, County of San Diego, State of California 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Conditional Use 18 Permit as shown on Exhibits "A" - "B" dated January 18, 2006, on file in the Planning 19 Department, LAKE CALAVERA RESERVOIR REMEDIAL IMPROVEMENTS - CUP 20 04-11, as provided by Chapter 21.42 of the Carlsbad Municipal Code; and 22 WHEREAS, the Planning Commission did, on the 18th day of January 2006, 23 hold a duly noticed public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 26 relating to the CUP. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 2 B) That based on the evidence presented at the public hearing, the Commission 3 APPROVES LAKE CALAVERA RESERVOIR REMEDIAL IMPROVEMENTS - CUP 04-11, based on the following findings and subject to 4 the following conditions: 5 ^. ..Findings: 6 1 That the requested use is necessary or desirable for the development of the community, is 7 essentially in harmony with the various elements and objectives of the General Plan, and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is located, in that the control building would house the dam operations 9 equipment for on-site and remote control of the inlet valves; is consistent with the Open Space land use designation; would generate negligible traffic; and would be 10 located so as to minimize the habitat encroachment to the greatest extent practicable while maintaining adequate access circulation and setback from the dam structure. 12 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the proposed control building would fit within the confines of the proposed 13 graded pad. W 3. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to - <. adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the proposed control building would be located so as 16 to minimize the habitat encroachment to the greatest extent practicable while maintaining adequate access circulation and setback from the dam structure. 17 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the traffic generated by the proposed use is 19 minimal since the control building is designed to be operated remotely and therefore would only generate traffic for periodic maintenance and inspection. 20 Conditions; 21 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading or building permit, whichever occurs first. 23 1. If any of the following conditions fail to occur; or if they are, by their terms, to be 24 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 2* revoke or modify all approvals herein granted; deny or further condition issuance of all 2g future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the 27 property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 28 or a successor in interest by the City's approval of this Conditional Use Permit. PCRESONO.5891 -2- 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 2 and modifications to the Conditional Use Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development 3 shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 4 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 6 4. Developer shall submit to Planning Director a reproducible 24" x 36" mylar copy of the 7 Site Plan reflecting the conditions approved by the final decision making body. Q 5. Prior to the issuance of a building permit, the Developer shall provide proof to the 9 Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 10 6. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 7 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits, 13 7. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the . - time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 16 8. This Conditional Use Permit shall be reviewed by the Planning Director annually to 17 determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health and welfare. If the Planning Director determines that the use has such substantial negative effects, the 19 Planning Director shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to reduce or eliminate the 20 substantial negative effects. 9. This Conditional Use Permit is granted for an unlimited time period. This permit 22 may be revoked at any time after a public hearing, if it found that the structure has a substantial detrimental effect on surrounding land uses and the public's health 23 and welfare, or the conditions imposed herein have not been met. 24 10. This approval is granted subject to the approval of the Mitigated Negative Declaration and HMPP 05-03 and is subject to all conditions contained in Planning Commission Resolutions No. 5890 and 5892 for that other approval incorporated herein by reference. 26 11. All roof appurtenances, including air conditioners, shall be architecturally integrated and 27 concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. PCRESONO. 5891 -3- 12. All exterior lighting shall be designed to reflect downward and avoid any impacts on 2 adjacent homes or property Security lighting for the control building shall be activated by a motion sensor. 3 13. The exterior wall of the control building shall be sandstone in color in order to 4 blend with the surroundings. 14. The proposed improvements to the spillway shall be in a natural color to blend with 6 the surrounding soils and rock. 7 14. Any chain link fencing associated with the proposed improvements, including the fencing surrounding the control building, shall be black in color. The proposed fencing around the control building shall include horizontal strands of barbed wire 9 on the top of the fence. 10 15. A Dam Operations Plan shall be prepared by the applicant and approved by the District Engineer and the Wildlife Agencies prior to commencement of construction. 12 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 15 You have 90 days from date of final approval to protest imposition of these fees/exactions. If 16 you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 19 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a 22 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 23 24 25 26 27 28 PCRESON0.5891 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, Commission of the City following vote, to wit: AYES: NOES: ABSENT: APPROVED AND ADOPTED at a regular meeting of the Planning of Carlsbad, California, held on the 18th day of January 2006 by the Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Heineman, Segall and Whitton — T 1 , —" ^d /)**. MAlfiftsMB. MONTGC CARLSBAD PLANNING ATTEST: s LA^ X ig« DON NEU /^>_^m_ _ fm .._ _ ^IERY, qMperson j COMMISSION Assistant Planning Director PCRESONO. 5891 -5- 1 PLANNING COMMISSION RESOLUTION NO. 5892 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A HABITAT MANAGEMENT PLAN PERMIT TO ALLOW THE 4 TAKE OF 0.78 ACRES OF COASTAL SAGE SCRUB FOR THE LAKE CALAVERA RESERVOIR REMEDIAL IMPROVEMENT PROJECT ON PROPERTY GENERALLY 6 LOCATED APPROXIMATELY 900 TO 1 ,200 FEET SOUTH OF THE INTERSECTION OF TAMARACK AVENUE AND 7 KNOLLWOOD DRIVE, IN LOCAL FACILITIES MANAGEMENT ZONE 7. 8 CASE NAME: LAKE CALAVERA RESERVOIR REMEDIAL 9 IMPROVEMENTS CASE NO.: HMPP 05-03 10 WHEREAS, Carlsbad Municipal Water District, "Developer/Owner," has; filed a verified application with the City of Carlsbad regarding property described as 13 A portion of Lots D and L of Rancho Agua Hedionda, according to Map No. 823, filed in the Office of the County Recorder of San Diego County on May 1, 1915, in the City of Carlsbad, County of San Diego, State of California 1 5 ("the Property"); and 17 WHEREAS, the City of Carlsbad has received authorization to issue permits to 1 810 impact various sensitive species and habitats, including species listed as Threatened or 19 Endangered, by virtue of Incidental Take Permit No. TE022606-0 from the U.S. Fish and 20 Wildlife Service and National Community Conservation Planning Permit No. 2835-2004-001- 21 22 23 WHEREAS, the authority stated above is based on a plan titled Habitat 24 Management Plan for Natural Communities in the City of Carlsbad, Final Approval November 2004, referred to as the HMP, and approval of all projects is contingent on a finding of 26 consistency with the HMP; and 27 28 WHEREAS, said verified application by Developer constitutes a request for a 2 Habitat Management Plan Permit pursuant to the City's authority, on file in the Planning 3 Department; and 4 5 WHEREAS, the Planning Commission did, on the 18th day of January 2006, 6 consider said request; and 7 WHEREAS, at said hearing, upon hearing and considering all testimony and 0 arguments, if any, of all persons desiring to be heard, said Commission considered all factors 9 relating to the HMPP. 10 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning . 2 Commission of the City of Carlsbad as follows: 13 A) That the foregoing recitations are true and correct. 14 B) That the LAKE CALAVERA RESERVOIR REMEDIAL IMPROVEMENTS project is consistent with the HMP as described in the following findings. 15 C) That based on the evidence presented at the hearing, the Commission APPROVES the Habitat Management Plan Permit, HMPP 05-03, for the LAKE 17 CALAVERA RESERVOIR REMEDIAL IMPROVEMENTS based on the following findings and subject to the following conditions:IS IP Findings: 20 1. That the LAKE CALAVERA RESERVOIR REMEDIAL IMPROVEMENTS is shown on Figure 18, Section D, of the approved HMP as a hardline area. 21 ~~ 2. That authorization to take species of concern is subject to continuous compliance with all provisions of the Habitat Management Plan for Natural Communities in the City of 23 Carlsbad (HMP), the Citywide Incidental Take Permit issued for the HMP, the Implementing Agreement, the Terms and Conditions of the Incidental Take Permit, and 24 the Biological Opinion. 25 3. That authorization to take species of concern is subject to continuous compliance with all 25 mitigation measures as stated in the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and all conditions of approval for CUP 04-11, 27 including but not limited to habitat restoration and preservation, fencing of limits of construction prior to clearing, and monitoring of clearing activities for impacts to birds by a qualified biologist, and seasonal restriction on clearing and grubbing activities. PCRESONO. 5892 -2- 4. That authorization to take species of concern is subject to continuous compliance with the 2 provisions of Volumes I, II, and HI of the Multiple Habitat Conservation Program and Final Environmental Impact Statement/Environmental Impact Report for Threatened and 3 Endangered Species Due to Urban Growth within the Multiple Habitat Conservation Program Planning Area (SCH No. 93121073). 4 5. That all impacts to habitat and all take of species will be incidental to otherwise lawful activities related to construction and operation of the Lake Calavera Reservoir 6 Remedial Improvements project. 7 6. That the project design as approved by the City of Carlsbad has avoided and minimized impacts to wildlife habitat and species of concern to the maximum extent practicable.8 9 7. That adequate funding has been provided to address changed circumstances and adaptive management needs that may be reasonably anticipated in the future, consistent with the 10 HMP Implementing Agreement. 11 8. That the incidental take of species of concern as a result of the project will not , 2 appreciably reduce the likelihood of survival and recovery of the species in the wild due to compliance with all of the above stated requirements, as well as ongoing monitoring 13 and reporting to the wildlife agencies and the public. 14 9. That the Planning Director is authorized to sign the Take Permit. 15 Conditions; 16 1. If any of the following conditions fail to occur; or if they are, by their terms, to be 17 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 1° revoke or modify all approvals herein granted; deny or further condition issuance of all jp future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the 20 property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 21 or a successor in interest by the City's approval of this Habitat Management Plan Permit. 23 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Habitat Management Plan Permit documents, as necessary to 24 make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 26 3. If any condition for construction of any public improvements or facilities, or the payment 27 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 2** 66020. If any such condition is determined to be invalid this approval shall be invalid PCRESONO. 5892 -3- unless the City Council determines that the project without the condition complies with 2 all requirements of law. 3 4. This approval is granted subject to approval of the Mitigated Negative Declaration and CUP 04-11 and is subject to all conditions contained in Planning Commission * Resolutions No. 5890 and 5891 for that other approval incorporated herein by reference. NOTICE 6 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as g "fees/exactions.' 9 You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or 12 annul their imposition. 13 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 14 DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this 15 project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise 16 expired. 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 5892 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 18th day of January 2006 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN; Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Heineman, Segall and Whitton MARTELL B. MONTGOMERll^hairperson CARLSBAD PLANNING COMMISSION ATTEST: DONNEU Assistant Planning Director PC RESO NO. 5892 -5-