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HomeMy WebLinkAboutVailston Company Inc; 2015-09-01; PWS15-89TRANRECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 Notice is hereby given that: DOC# 2016-0497368 I \IIIII IIIII IIIII \IIIII\\\ \IIIII IIIII IIIII IIIII IIIII 1111111111 Ill\ Ill\ Sep 20, 2016 04:59 PM OFFICIAL RECORDS Ernest J Dronenburg, Jr , SAN DIEGO COUNTY RECORDER FEES $18.00 PAGES: 2 Space above this line for Recorder's use. PARCEL NO: n/a ~~--------------- NOTICE OF COMPLETION 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on May 31, 2016. 6. The name of the contractor for such work or improvement is Vailston Company, Inc. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Romeria Drainage Improvements and La Costa Avenue Slope Repair, Project Nos. 6604 and 6024. 8. The street address of said property is in the City of Carlsbad and includes Romeria Street and La Costa Avenue. CITY OF?. RLSBAD 7.-Uz~ -frCTty En~~neer VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Council of said City on &£~~ J ~, 20JJ2_, accepted the above described work as completed and ordered that a Not1ce of Completion be f1led. I declare under penalty of perjury that the foregoing is true and correct. Executed on· ~~·.pittvUlaf 18, 20J.Lo_, at Carlsbad, California. CIT'( OF CARLSBAD h"'~ Q ,c') . B~;~~~NJLEs~;x'··-' City Clerk Word\Masters\Forms\Notice of Completion (City) 3/9/98 LOCATION MAP NOT TO SCALE PROJECT 6024 (LA COSTA SLOPE REPAIR) PROJECT 6604 (ROMER/A DRAINAGE) PROJECT NO. 6604&6024 PROJECT NAME ROMER/A DRAINAGE IMPROVEMENTS AND LA COSTA AVENUE SLOPE REPAIR PROJECTS EXHIBIT 2 -----II'£ ."T.~ •I ~ •• • ' 1 CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS, GENERAL PROVISIONS, SUPPLEMENTAL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR ROMERIA DRAINAGE IMPROVEMENTS (6604) AND LA COSTA AVENUE SLOPE REPAIR (6024) BID NO. PWS15-89TRAN ., '-+' Revised 3/6/15 Contract No. 6604 and 6024 Page 1 of 177 Pages TABLE OF CONTENTS Notice Inviting Bids ............................................................................................................................ 7 Contractor's Proposal ...................................................................................................................... 11 Bid Security Form ............................................................................................................................ 21 Bidder's Bond to Accompany Proposal ............................................................................................ 22 Guide for Completing ....................................................................................................................... 24 The "Designation of Subcontractors" Form ...................................................................................... 24 Designation of Subcontractor and_Amount Of Subcontractor's Bid Items ......................................... 26 Bidder's Statement of_Technical Ability and Experience ................................................................... 27 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation ............................................................................................... 28 Bidder's Statement Re Debarment. .................................................................................................. 29 Bidder's Disclosure of Discipline Record .......................................................................................... 30 Noncollusion Declaration to be Executed byBidder and Submitted with Bid ..................................... 32 Contract_Public Works ..................................................................................................................... 33 Labor and Materials Bond ................................................................................................................ 39 Faithful Performance/Warranty Bond .............................................................................................. .41 Optional Escrow Agreement for_ Security Deposits in Lieu of Retention ............................................ 43 Section 1 1-1 1-2 1-3 1-4 1-5 Section 2 2-1 2-2 2-3 2-4 GENERAL PROVISIONS Terms, Definitions, Abbreviations, and Symbols Terms ....................................................................................................................... 46 Definitions ................................................................................................................. 46 Abbreviations ............................................................................................................ 50 Units of Measure ....................................................................................................... 53 Symbols .................................................................................................................... 55 Scope And Control Of Work Award and Execution of Contract. ............................................................................. 55 Assignment. .............................................................................................................. 55 Subcontracts ....................................................................... , ..................................... 55 Contract Bonds ......................................................................................................... 56 •'\ f.fi' Revised 3/6/15 Contract No. 6604 and 6024 Page 2 of 177 Pages 2-5 2-6 2-7 2-8 2-9 2-10 2-11 Section 3 3-1 3-2 3-3 3-4 3-5 Section 4 4-1 4-2 Section 5 5-1 5-2 5-3 5-4 5-5 5-6 Section 6 6-1 6-2 6-3 6-4 6-5 6-6 6-7 6-8 6-9 6-10 Plans and Specifications ........................................................................................... 57 Work to be Done ....................................................................................................... 61 Subsurface Data ....................................................................................................... 61 Right-of-Way ............................................................................................................. 61 Surveying .................................................................................................................. 62 Authority of Board and Engineer ............................................................................... 66 Inspection ................................................................................................................. 66 Changes In Work Changes Requested by the Contractor ..................................................................... 67 Changes Initiated by the Agency .............................................................................. 67 Extra Work ................................................................................................................ 68 Changed Conditions ................................................................................................. 71 Disputed Work .......................................................................................................... 72 Control Of Materials Materials and Workmanship ...................................................................................... 75 Materials Transportation, Handling and Storage ....................................................... 80 Utilities Location .................................................................................................................... 80 Protection ................................................................................................................. 80 Removal ................................................................................................................... 81 Relocation ................................................................................................................. 81 Delays ...................................................................................................................... 82 Cooperation .............................................................................................................. 83 Prosecution, Progress,_and Acceptance of the Work Construction Schedule and Commencement of Work ............................................... 83 Prosecution of Work ................................................................................................. 85 Suspension of Work .................................................................................................. 85 Default by Contractor ................................................................................................ 85 Termination of Contract ............................................................................................ 86 Delays and Extensions of Time ................................................................................. 86 Time of Completion ................................................................................................... 87 Completion, Acceptance, and Warranty .................................................................... 88 Liquidated Damages ................................................................................................. 89 Use of Improvement During Construction ................................................................. 89 Section 7 -Responsibilities of The Contractor 7-1 Contractor's Equipment and Facilities ....................................................................... 89 7-2 Labor ........................................................................................................................ 89 7-3 Liability Insurance ..................................................................................................... 90 7-4 Workers' Compensation Insurance ........................................................................... 90 7-5 Permits ..................................................................................................................... 90 7-6 The Contractor's Representative .............................................................................. 97 7-7 Cooperation and Collateral Work .............................................................................. 98 7-8 Project Site Maintenance .......................................................................................... 98 7-9 Protection and Restoration of Existing Improvements ............................................. 1 00 7-10 Public Convenience and Safety .............................................................................. 1 00 7-11 Patent Fees or Royalties ......................................................................................... 108 7-12 Advertising .............................................................................................................. 1 08 7-13 Laws to be Observed .............................................................................................. 1 08 7-14 Antitrust Claims ....................................................................................................... 108 Section 8-Facilities For Agency Personnel 8-1 General. .................................................................................................................. 108 (.'\ • .., Revised 3/6/15 Contract No. 6604 and 6024 Page 3 of 177 Pages Section 9 -Measurement and Payment 9-1 Measurement of Quantities for Unit Price Work ...................................................... 1 08 9-2 Lump Sum Work ..................................................................................................... 109 9-3 Payment ................................................................................................................. 109 9-4 Bid Items ................................................................................................................. 113 Part 2 Section 200 200-1 200-2 Section 201 201-1 201-3 Section 203 203-6 203-11 Section 204 204-1 Section 206 206-7 206-8 206-9 Section 207 207-2 207-9 207-10 207-25 Section 210 210-1 210-3 Section 213 213-2 213-3 Section 214 214-5 Section 215 215-1 Part 3 Section 300 300-1 300-2 SUPPLEMENTAL PROVISIONS TO PART 2, 3 AND 6 OF THE SSPWC Construction Materials Rock Materials Rock Products ........................................................................................................ 123 Untreated Base Materials ....................................................................................... 124 Concrete, Mortar, and Related Materials ................................................................. 125 Portland Cement Concrete ..................................................................................... 125 Expansion Joint Filler and Joint Sealants ................................................................ 126 Bituminous Materials Asphalt Concrete .................................................................................................... 128 Asphalt Rubber Hot Mix (Arhm) Wet Process ......................................................... 129 Lumber and Treatment with Preservatives Lumber and Plywood .............................................................................................. 129 Miscellaneous Metal Items Traffic Signs ............................................................................................................ 129 Light Gage Steel Tubing and Connectors ............................................................... 132 Portable Changeable Message Sign ....................................................................... 133 Pipe Reinforced Concrete Pipe ....................................................................................... 134 Iron Pipe And Fittings .............................................................................................. 135 Steel Pipe ............................................................................................................... 135 Underground Utility Marking Tape ........................................................................... 136 Paint And Protective Coatings Paint. ...................................................................................................................... 137 Galvanizing ............................................................................................................. 137 Engineering Fabrics Geotextiles .............................................................................................................. 138 Erosion Control Specialties ..................................................................................... 139 Pavement Markers Reflective Pavement Markers ................................................................................. 139 Fencing Environmental Fencing ........................................................................................... 140 Construction Methods Earthwork Clearing and Grubbing ............................................................................................ 141 Unclassified Excavation .......................................................................................... 141 {'\ •+f Revised 3/6/15 Contract No. 6604 and 6024 Page 4 of 177 Pages 300-3 300-4 300-5 300-9 300-11 300-12 300-13 Section 301 301-1 Section 302 302-5 302-11 Section 303 303-1 303-2 303-5 Section 304 Section 306 306-1 306-5 Section 310 310-5 310-7 Section 312 312-1 Section 313 313-1 313-2 313-3 313-4 Part 6 600-3 Structure Excavation and Backfill ............................................................................ 143 Unclassified Fill ....................................................................................................... 144 Borrow Excavation .................................................................................................. 145 Geotextiles for Erosion Control. .............................................................................. 145 Stonework for Erosion Control ................................................................................ 146 Rock Slope Protection Fabric .................................................................................. 146 Storm Water Pollution Prevention Plan ................................................................... 147 Treated Soil, Subgrade Preparation and Placement of Base Materials Subgrade Preparation ............................................................................................. 150 Roadway Surfacing Asphalt Concrete Pavement. .................................................................................. 152 Asphalt Pavement Repairs and Remediation .......................................................... 153 Concrete and Masonry Construction. Concrete Structures ................................................................................................ 154 Air-Placed Concrete ................................................................................................ 155 Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways ............................................................................... 155 Metal Fabrication and Construction Underground Conduit Construction Open Trench Operations ........................................................................................ 155 Abandonment of Conduits and Structures ............................................................... 159 Painting Painting Various Surfaces ....................................................................................... 159 Permanent Signing ................................................................................................. 160 Pavement Marker Placement and Removal Placement. .............................................................................................................. 161 Temporary Traffic Control Devices Temporary Traffic Pavement Markers ..................................................................... 161 Temporary Traffic Signing ....................................................................................... 162 Temporary Railing (Type K) And Crash Cushions ................................................... 162 Measurement and Payment .................................................................................... 164 Modified Asphalts, Pavements and Processes Rubberized Emulsion -Aggregate Slurry ................................................................ 165 TECHNICAL SPECIFICATIONS FOR ROMERIA DRAINAGE IMPROVEMENT AND LA COSTA AVENUE SLOPE REPAIR, CONTRACT NO. 6604 AND 6024 DIVISION 01 -GENERAL REQUIREMENTS 00015 List of Drawings DIVISION 02 -SITE WORK 02271 02372 02795 Appendix A Bonded Fiber Matrix Storm Water Pollution Prevention Porous Pavement Doorhanger (.'\ •+i Revised 3/6/15 Contract No. 6604 and 6024 Page 5 of 177 Pages Appendix B Appendix C Appendix D Appendix E Appendix F Appendix G Appendix H Appendix I Appendix J Appendix K Appendix L Appendix M California Department of Fish And Game Streambed Alteration No 1600-2010-0315- RS HMP 09-03 Romeria Street channel Improvements from City of Carlsbad Mitigated Negative Declaration Case No HMP 09-03 from the City of Carlsbad Department of the Army Nationwide Permit Verification File No SPL -201 0-00490-P J B California Regional Water Quality control Board Clean Water Act Section 401 Water Certification No 1 OC-093 Geotechnical Evaluation Romeria Drainage Improvement Project, Prepared by Ninyo and Moore dated June 27, 2008 Geotechnical Evaluation La Costa Avenue Slope failure Prepared by Ninyo and Moore dated February 23, 2008 Standard Form -Tier 2 Storm Water Pollution Prevention Plan Right of Way Permit Application Standard Traffic Control Plan Standard Drawings City of Carlsbad Standard Notes Signing and Striping Plans {"\ •+i Revised 3/6/15 Contract No. 6604 and 6024 Page 6 of 177 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS UNTIL 2:00 PM ON JUNE 16, 2015, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: removal of existing ditches; construction of PCC brow ditch, channel, splash walls, headwall, rock slope protection, maintenance access road including a portion of gravelpave2; erosion control; traffic control; planting and seeding. ROMERIA DRAINAGE IMPROVEMENTS {6604) AND LA COSTA AVENUE SLOPE REPAIR (6024) BID NO. PWS15-89TRAN INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 1 0263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans, provisions, and specifications as approved by the City Council of the City of Carlsbad on file with the Public Works Department. The specifications for the work include City of Carlsbad Technical Specifications and the Standard Specifications for Public Works Construction, Parts 2 & 3, current edition at time of bid opening and the supplements thereto as published by the "Greenbook" Committee of Public Works Standards, lnc.all hereinafter designated "SSPWC", as amended. Specification Reference is hereby made to the plans and specifications for full particulars and description of the work. The General Provisions (Part 1) to the SSPWC do not apply. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. ~" \.4i' Revised 3/6/15 Contract No. 6604 and 6024 Page 7 of 177 Pages BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly executed including notarization, where indicated. 1. Contractor's Proposal 2. Bidder's Bond 3. Noncollusion Declaration 4. Designation of Subcontractor and Amount of Subcontractor's Bid 5. Bidder's Statement of Technical Ability and Experience 6. Acknowledgement of Addendum( a) 7. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 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) 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 $405,000. TIME OF COMPLETION: The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. SPECIALTY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: A-General Engineering. ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 5% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $30.00 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 ~" f.., Revised 3/6/15 Contract No. 6604 and 6024 Page 8 of 177 Pages response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. REJECTION OF BIDS The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. 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. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 41 04 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. PRE BID MEETING A pre-bid meeting and tour of the project site will not be held. 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 ('\ tllfV Revised 3/6/15 Contract No. 6604 and 6024 Page 9 of 177 Pages 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 City until they are released as stated in the General Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover 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 City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. 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 City Council of the City of Carlsbad, California, b on the 21sT day of April, 2015. May 5, 2015 Date ., \t~ Revised 3/6/15 Contract No. 6604 and 6024 Page 1 0 of 177 Pages CITY OF CARLSBAD ROMERIA DRAINAGE IMPROVEMENTS (6604) AND LA COSTA AVENUE SLOPE REPAIR (6024) CONTRACT NO. 6604 and 6024 City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 CONTRACTO~SPROPOSAL I L The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 6604 and 6024 in accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: SCHEDULE"A"SHAREDIMPROVEMENTS Item No. Description A-1 Mobilization at ~-J A~//~s~~ 0:2:£ . '!Md LUAc'~) (Price in Words) A-2 Construction Schedule at h~ ~M.£4,d (Price in Words) A-3 Water Pollution Control including daily street sweeping at _;;:a .M~~ £.J.r (Price in Words) A-4 Utility Relocations not show o~hepl~~t L~P~ ) ~,.oJa.n / (Price in Words) Approximate Quantity And Unit 1 LS 1 LS 1 LS 1 Stip Contract No. 6604 and 6024 PWS15-89TRAN Addendum No. 1 Unit Price (Figures) $/5'/.:?c:t ej(.) J $5,000 $"'-w:zao ~ $10,000 Total Amount (Figures) $4/Qo,t?t) $5,000 $10,000 4 Approximate Item Quantity Unit Price No. Description And Unit (Figures) A-5 Record drawings at 1 LS $5,000 hw'~ ~.~~d (Price in Words) A-6 D_::ateri~ at £ .,/<:f:::z ~£J.S~- 1 Stip $10,000 (Price in Words) A-7 1 LS $.!t3~~ Total amount of bid in numbers for Schedule "A": $ C6Q2 od SCHEDULE "8" ROMERIA DRAINAGE IMPROVEMENTS (6604) Approximate Item Quantity No. Description And Unit B-1 Clear and Grub at 1 LS £~ ~~J;:J c: ... ~ '#")1:: _£ ~=€-........,.._ ._ (Price in Words) B-2 Clear Water ~-pass :/ 5:'~-ee..., /4~~ ~ 1 LS G~ M6~/~~~d. Q.,ry.JL, (Price in Words) B-3 Install and Maintain 1060 LF Environmental Fence at A;r~ A~MJ'a ./ S~ h~ §:;~!,. C:e--rs (Price in Words) Contract No. 6604 and 6024 PWS15-89TRAN Addendum No. 1 Unit Price (Figures) Total Amount (Figures) $5,000 $10,000 $L~~o,~d Schedule Total Amount (Figures) 5 Approximate Item Quantity No. Description And Unit B-4 B-5 B-6 ' ~ (Price in Words) B-7 Splash Wall (Height = 1' ' Length = 4') at 5'-'fv~ni'l,z t? (Price in Words) B-8 ~ight Headwall (T~e A) at ~~~~ (Price in Words) B-9 B-10 Rock Slop Protection (1/4 ton) at ~--~,_---7 kJ ~;;?~ (Price in Words) 245 LF 360 LF 195 SF 5 SF 3 EA 1 EA 85 CY B-11 Maintenance Access Road 1 EA Gate at ~;rye-~,~;n­ ~~A»Sf#-t:=J> (Price in Words) Contract No. 6604 and 6024 PWS15-89TRAN Addendum No. 1 Unit Price Total Amount (Figures) (Figures) $ (J;;:LX) $.&; et(~.ctJd $/;ldd $g?~-~d ~L7t-dcl $21J .. CUJ $29fri.(Jd $2/9~<?0 .J "' ~~3(Qcl $fqJ;.od $~~S"~t2a _;j; 6 Approximate Item Quantity No. DescriQtion And Unit B-12 1;d Ditch Cutoff?<ll at . 2 EA ·J:t &~ Vdt'ZP d-A (Price in Words) B-13 18" Reinforced Concrete Pipe 35 LF xp ~ IJ~~),~ (Price in Words) B-14 3,260 SF B-15 Imported Borrow 230 CY (Maintenance Access Road) at 1} ~~-~4~ (Price in WordS)/ B-16 Construct Brow to Lined 2 EA B-17 Construct Brow Ditch 1 EA Confluence (with Splash Wall) b,~ oJ~.t;LktYrl.e~ (Price in Words) B-Install Excavation Bottom 18A Stability Layer including all incidentals (Excavation and Ins all 3-inch minus rock) at ~ .!);,. . p -== 4!Q, ~ Contract No. 6604 and 6024 PWS15-89TRAN Addendum No. 1 175 CY Unit Price Total Amount (Figures) (Figures) $ ::2$;.3 .OV $ {;C&<..OO $/~.od $~.&) $9. 2Jf $.592.X,~d $,~J,~d $.g'9£d.dd $9/Jf.dJ $j~·~ 7 Item No. B- 18B Description Install Excavation Bottom Stability Layer including all incidentals (Geotextile) at /~ (Price in Words) Approximate Quantity And Unit 360 LF B-19 Bonded Fiber Matrix (BFM) 25,180 SF (including surface preparation) at ;bi!Mf-e:-z:e ~k>tL ~eYt)? Ci>.,~ (Price in Words) B-20 Temporary Traffic Control at ~~&;~ r~=~=L (Price in Words) B-21 Unclassified Excavation exceeding excavation called out on the plans for the channel, maintenance road and maintenance pad per Section 3-3 at h~~"~ ~14StA'-4 (Price in Words) 1 LS 1 Stip Unit Price (Figures) $ o/o() $20,000 Total Amount Jigures) $ 7 VitO. acl $20,000 Total amount of bid in words for Schedule "B": ~a -4~ ;;;;,,e&)c &v-~«S'-_.r1 G9A:t ~~d /w'i?~< ,i2L:e ':=iLr Total amount of bid in numbers for Schedule "B": $ :22t:.t 8'23.ad :J SCHEDULE "C" LA COSTA AVENUE SLOPE REPAIR (6024) Item No. Description Approximate Quantity And Unit C-1 Install and Maintain 240 LF Environmental Fence at (1f1(' ;;;:du Mdke.,e &akL&'-?~"' &a.£ ~~J? C.en-1-s- (Price in Words) Contract No. 6604 and 6024 PWS15-89TRAN Addendum No. 1 Unit Price (Figures) $<?33 Total Amount (Figures) 8 Approximate Item Quantity No. Descri12tion And Unit C-2 Clear and Grub at 1 LS ~·e J=./av.Sq,J , ~ &!~ M-J"""J ,r'(/?~7 v - (Price in Words) C-3 Remove Unsuitable Material 520 CY at "'LmP~i:)£. C-.M' ~fd.S.@..r»d (Price in Words) C-4 Imported Borrow at 520 CY h~d a~-e. ~!J.S<tnd a,~ M~J-el /U.Pri'.e. Ah/Jq_ a-1 S.wy C'e-">>s (Price in Words) C-5 Construct Sidewalk 1 EA U8i:erdrain at /. r'€'1!'!. ~0-~ ... A S.;x .#~-J 7h,-..t '-L (Price in Words) C-6 Construct Brow Ditch 1 EA Confluence with Splashwall at ~~c;t_s;~~ ~,. L.1h ~ (Price in Words) C-7 Construct ~w Ditch at 7~~e :;:::; <~~¢~.h ... e!. J; .4L -e .P'll 100 LF d~~ ..S-ev.g~~~"" (Price in Words) C-8 Install Backdrain System, 75 LF Tightline and Tightlight Inlet Structure at ~.eJ ~tt:S21Jdn~~J~ __sey£~ _h;_;~ (Price in Words) C-9 ~II Curb Outlet (Type A) at 1 EA ~~ /:::r:~yC:~ _#~_S'"e.M:J.~ . 0 (Price in Words) Contract No. 6604 and 6024 PWS15-89TRAN Addendum No. 1 Unit Price Total Amount (Figures) (Figures) $j/9i?,tJO $ / 7""~, oc) :;;;> $,~)d1Q $2~00«1.00 $27 .. 23 $~192.60 $~ #5«1:3. ad $~~CJ3.od $/6~-~d $I ~3'5. o o ::;? 7 $5?.71 $;$77/LJ() $29~dQ $117s.oo $.::?~22~~ $ .:5.' C/.2. «1 d :;;? J 9 Item No. C-10 C-11 Description Install Steepened Slope ~forcement at ~~'£,~ ~(.J,I)',. ... .,Ia, ~ Approximate Quantity And Unit 735 SY ~~,&/S-eew•;;," A.:,:t, ~ 'ke .... -Jy e~"'"s (Price in Words) 1 LS C-12 Remove and Replace Curb 175 LF and Gutter at ~r ?~~L~~,y/ S:x ~~ R~i- (Price in Words) C-13 Bonded Fiber Matrix 3,240 SF (including Finish grading) at cb e ziJW.)4-i -;!l{w k :S:·va~h~:Y Ce;:;if' (Price in WordS) C-14 Install Splash Wall (Height = 11 SF 1 ', Length = 11 ') at cbe /!~Jr"&L CJk, e 71?-. · v .G-5~!? G"J< (Price in Words) C-15 Remove and Replace Asphalt 500 SF at ~ ::§i:;z~vre4 ~ r:~~ (Price in Words) Unit Price (Figures) $ .C,b32 $//Od Total Amount (Figures) $ .:$' 17 s. '.2 0 J Total amount of bid in numbers for Schedule "C": $-LA-"'g~~~""'"2"""J'~S::....;· '~--'~~0.::::_.. ______ _ Contract No. 6604 and 6024 PWS15-89TRAN Addendum No. 1 10 Total amo~~ of bid)in numbers including Schedule "A", Schedule "8", and Schedule C: $39€>6~3.~ Price(s) given above are firm for 90 days after date of bid opening. Contract No. 6604 and 6024 PWS 15-89TRAN Addendum No. 1 11 Item No. Description C-12 R/R Curb and Gutter at (Price in Words) C-13 Bonded Fiber Matrix (including Finish grading) at \{Price in Words) ~ C-14 Splash Wall (Height= 1', Length =" 11 ') at Approximate Quantity And Unit 175 LF 3,240 SF 11 SF // (Price in Words) · / Remove an~e Asphalt C-15 at / (Price in Words) \ \, 500 SF \ \ Unit Price (Figures) $ __ _ $ __ _ ~ $. ____ _ Total amount of bid in numbers for Schedule "C;t ... ·. ~---------­ / Total Amount (Figures) $ ___ _ $----;r--- / $_, ___ _ Total amount of bid in word~/i Dding Sche "A", Schedule "B" and Schedule "Cn: ----------,./ ~otal amount of bid V mbers including Schedule "A", Schedule "B", and Schedule C: Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s)._-'/'-----has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do ,, f' Revised 3/6/15 Contract No. 6604 and 6024 Page 17 of 177 Pages business or act in the ca9,~city of a contractor within the State of California valjdly 1!9ensed under license number ){C., "7...0/l, classification If which expires on ·>1 I ·.~ , and that this statement is true and correct and has the legal effect of an affidavit Enter DIR Reg. No. f {)0000 2.-t.{ oC(' A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is ·131 D Bor-!.0 Cashier's Check) for ten percent (1 0%) of the amount bid. (Cash, Certified Check, Bond or 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 VA-\ L '5>·\i) .--1 Cv Ill\ I' f>n" '-( , I f'l (._,_ (2) Signature (given and surname) of proprietor~lt[f{' JoHtJ sn~-J (7 T t-1 I,.{ e.? k/C-_5 v a-t-L E7 f"L[) < ..:? ~4 t~C-1'11 fV, (3) Place of Business -'l!L. (Street and Number) City and State 511-rJ IV r; ~~ C i> 5 G>t ) tf.fl-.u / ar· (4) Zip Code (0 Telephone No. (5) E-Mail ·041.'1:· / f!!:-. VA--l'-S 7""2).-J c~~ 111 r1;rrJ~ {~ •f' Revised 3/6/15 Contract No. 6604 and 6024 Page 18 of 177 Pages IF A PARTNERSHIP. SIGN HERE: tJ/ff' (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 IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted _0!:..C'l1--'--'-1-='-"--=.J=-c:.··.:._rz>___:__,J_. -"C=-..:J:_'A_~1!.-'f3'-'-•~-'-'--,J_.__.L.-1-tt''--"-' /'---C--~ (2) (Sf~nature) tv~--Jol+-t-.tjrorJ (Title) I Impress Corporate Seal here (3) Incorporated under the laws of the State of _._c_···+'i-1--b------- (4) Place of Business 1= ri l'( Tt/J';,,.,-.1 c:Qht1C-_S (//rt,.-L t-=:::y ~ [)/ # (_ 1 1'1/1/1_"" (Street and Number) eq City and State 7/t-d IV f'TP.._..C 0 :J ... C-/f/:-l '· I (5) Zip Code o/f'L () (; 9 Telephone No. ·-:J-t; i) ~ 1-'Jt--3: :?S~r I (6) E-Mail Y~~''-( {?_...-i/';;--1 '-5 TD.--J t:o~41t:rttr'7. C v ·""1 NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED l' • ., Revised 3/6/15 Contract No. 6604 and 6024 Page 19 of 177 Pages ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO On d vt AI?"-t ·1._ ·z.. 0 f s--before me S. HALL-VINYARD, NOTARY PUBLIC --~~------L---------'------------------------=-----------(insert name and title of the officer) pe~onal~appeared~~-~~~-~~~~~A~~~~=~~-~~~~~~~~~~~~­ who proved to me on the basis of satisfactory evidence to be the P.erson(~ whose name(j) ·s cu;e- subscribed to the within instrument and acknowle~d to me thai::fi§)s+relt~ey executed the same in @ITeF!tftetr authorized capacity(.ie&), and that by~ftl::leir signature(~ on the instrument the person IX), or the entity upon behalf of which the personQsj acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) 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: ~, '-+' Revised 3/6/15 Contract No. 6604 and 6024 Page 20 of 1 77 Pages BID SECURITY FORM (Check to Accompany Bid) ROMERIA DRAINAGE IMPROVEMENTS {6604) AND LA COSTA AVENUE SLOPE REPAIR (6024) CONTRACT NO. (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of _____________________ dollars($ ), this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. BIDDER *Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed--the sum of this bond shall be not less than ten percent (1 0%) of the total amount of the bid.) ('l •+' Revised 3/6/15 Contract No. 6604 and 6024 Page 21 of 177 Pages !j l of ..... ~ ..... JYIL~ 201.?~···· YailsJ~ULCQmp;;~.ny,Jnf, ....... . 12th > "' -~~~~~ '----' ' ot 15 ~E!!!ans:ial.P~'!£ifi<:l!l§l1!'!l1 c~ C() m pan y o! 319-247-6144 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On June 12,2015 before me, Kathy Scheuerman, Notary Public -------(insert name and title of the officer) personally appeared Matthew C. Gaynor who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged tome 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 pers on(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO On J 1/1,1\/'c-It. '2-Ot~efore me, S. HALL-VINYARD, NOTARY PUBLIC (insert name and title of the officer) personally appeared Are JDhll6H.JYl , who proved to me on the basis of satisfactory evidence to be the ~son(s? whose name(.s) is are s~bscribed. to the ~ithin instru.me.nt and acknowle~ed to m~ th.a(b,e/~~ exe.cuted the same in ~A-er/#:teir authonzed capac1ty(~, and that by~r.Ltfle1r s1gnature~ on the mstrument the person Qt.), or the entity upon behalf of which the person~ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) Company Profile Company Profile Company Search fn°folf~~lion Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer fiNANCIAl PACIFIC INSURANCE COMPANY PO BOX 292220 SACRAMENTO, CA 95829-2220 Old Company Names Date M. L OATES INSURANCE COMPANY 12/30/1993 Agent For Service MARY BIANCO 3880 ATHERTON ROAD ROCKLIN CA 95765 Reference Information INAIC #: !california Company ID #: 1131453 I 113132-8 I I Date Authorized in California: 1112/31/1987 I I License Status: II UNLIMITED-NORMAL I !company Type: II Property & Casualty I !state of Domicile: II CALIFORNIA I NAIC Group list NAIC Group #: 0248 UNITED FIRE & CAS GRP Page 1 of2 Effective The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY https://interactive.web.insurance.ca.gov/companyprofile/compan... 6/16/2015 Company Profile flsJ@ttD\\ li:© t©[PJ © 2008 California Department of Insurance COMMON CARRIER LIABILITY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Page 2 of2 https ://interactive. web.insurance.ca.gov I companyprofile/ compan... 6/16/2015 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, "Bid", "Bidder'', "Contract", "Contractor'', "Contract Price", "Contract Unit Price", "Engineer'', "Own Organization", "Subcontractor", and 'Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be performed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor-installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the various 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. (' •+' Revised 3/6/15 Contract No. 6604 and 6024 Page 24 of 177 Pages 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 3/6/15 Contract No. 6604 and 6024 Page 25 of 177 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR•s BID ITEMS (To Accompany Proposal) ROMERIA DRAINAGE IMPROVEMENTS (6604) AND LA COSTA AVENUE SLOPE REPAIR (6024) CONTRACT NO. 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 41 00 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 ($1 0,000}, 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 Subcontractor's License No., Amount of Work Subcontractor Name and Classification, by Subcontractor Portion of Work Location of Business DIR Reg No. in Dollars* ~:·?hflrJ & R.~IZ f{u;-N ~> A-rf f) so"" f A-v trf b jf/tJOOuCj~o-L :::PS :;oa -- f3o.N; --rtt-cA (5L~e3) t;c# (//ZS't) c-/2- Ct Vt (..... Erlo, L.-/fi"'.£J~ !C. {O/JSilt-n--1 G u c. c'f.&' l s-:; !+f'"~. /. 0 (.) ~ ··-d-514/i: vc=~.:;;;~ <.:. --30-i'/ -----------··----· ------..... --:----··------~------r-... -·-·---·-··. -- ' /)I ~c:::. L? C4-k_S "r'?/L (., / W Pct-/ [<TC-. frl G __ ~.,~-o·-zs ,_/ ~ (LC'f~'a r7 ,v·u ;Z+,-JC/-fv SIJr.JI/4-~I# '[3-5" ?{AI C'SJ 5 &/ r c~Pl-1 0 /(__ cu,rJ ;-~ 1~/Jt?OD ( '1 ~q tfr ']' ?--5"'2 '-1 ~- C J..)..;rrJ,-vEt. f;ftow Lff-li:.FV /t::t--.1 7L-~t1.../f-C.-F c+ L; c, #-TrV03tt ' Di 1G ff 2_f{/)-ifJ·hrv;, ~L-(.. ..{ ·-·----·--····------------------·· ------------------··· 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." l' ._, Revised 3/6/15 Contract No. 6604 and 6024 Page 26 of 177 Pages BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) ROMERIA DRAINAGE IMPROVEMENTS (6604) AND LA COSTA AVENUE SLOPE REPAIR (6024) CONTRACT NO. The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachmef!t can be used. {t! ~ L ? (., c; , '1-¥'-v~-_\ Date Contract Name and Address of Name and Phone l ~0. Amount of Completed the Employer of Person to Cont act Type of Work Contract ~r{'LlPf{l ~../' ~o?\ .. f <:;, ·-;., v ~ .... . 517/li..--1'1 It ~tr'f c;F-' C).,!LLSi$M c~Y .j\-., ;;;. ~'If, 'n-5 ~ or...+,,..J J I "'i '(" o~l? ~~t-~/r( Ci"t . ..,_ o? .aut-LJV 'S~Z, J,it;5.Jrs. 6Mt.vrJ dfo~. &L s~rv!ilri 'L D fl.J.t-r rJ I '7-<it~ ,./,).) J/r-v( {~......-~R~Y S~ I :l"'flY5 vt!rl I~M rl /1-117 11'1.6 J w se:_rrr P<:JR.e-• ., "l 'tt:i, z -zu , o'is""JI.( l'v; ~,_,c... f;.Ht{L. ~ 'FfG/S-t,?iJ,"."; I M I'"'.:-i c:...fo- ('\ •+' Revised 3/6/15 Contract No. 6604 and 6024 Page 27 of 177 Pages BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) ROMERIA DRAINAGE IMPROVEMENTS (6604) AND LA COSTA AVENUE SLOPE REPAIR (6024) CONTRACT NO. 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: 6' Comprehensive General Liability , ~Automobile Liability ~ Workers Compensation ~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 and the General 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. ("\ fi Revised 3/6/15 Contract No. 6604 and 6024 Page 28 of 177 Pages __ , VAILS-1 OP ID· VP ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ·~ 08/17/2015 I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER Phone: 619-937-0164 CONTACT NAME: Rancho Mesa Insurance Services Fax: 619-937-0168 r,.::gNJo Extl: I FAX 250 Riverview Parkway #401 CAlC No): Santee, CA 92071 E-MAIL ADDRESS: Braden K. Mann INSURER(S) AFFORDING COVERAGE NAIC# INSURER A : First Mercury Insurance Co 10657 INSURED Vailston Company, Inc. INSURER B: State Compensation Ins, Fund 35076 774 N. Twin Oaks Valley Rd., C INSURER C : Ohio Casualty Ins Company 24074 San Marcos, CA 92069 INSURERD: INSURER E: INSURERF: COVERAGES CERTIFICATE NUMBER· 2 REVISION NUMBER· 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ~~~~r!" ~6' i1&~Ji\%iv~Y\.l I t&~J6%)'y~fvl LIMITS LTR POLICY NUMBER GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00C 1--WA-CGL-0000051975·01 02/13/2015 02/13/2016 ~~~~~~~?E~~~!~ncel 50,00C A X COMMERCIAL GENERAL LIABILITY X X $ I--:::=J CLAIMS-MADE 0 OCCUR Excluded MED EXP (Any one person) $ I--1,000,00C PERSONAL & ADV INJURY $ I--2,000,00( GENERAL AGGREGATE $ 1--2,000,00~ n'L AGGREME LIMIT APnS PER: PRODUCTS-COMP/OP AGG $ POLICY X ~~g'T LOC Emp Ben. $ 1,000,00~ AUTOMOBILE LIABILITY fE~~~b~~~tfiNGLE LIMIT $ 1,000,00C I--c X ANY AUTO X X BA056555293 02/13/2015 02/13/2016 BODILY INJURY (Per person) $ I--ALL OWNED -SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ 1---NON-OWNED iP~~~Zc~d~~t?AMAGE HIRED AUTOS AUTOS $ --$ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ 1,000,00C -CA-EX-0000052021-01 02/13/2015 02/13/2016 1,000,00C A X EXCESS LIAB CLAIMS-MADE AGGREGATE $ / OED I I RETENTION$ $ WORKERS COMPENSATION X I WCSTATU-i I JOTH- AND EMPLOYERS' LIABILITY TORY LIMITS ER B YiN 1830438-15 07/29/2015 07/29/2016 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A 1,000,000 (Mandatory in NH) E.L. DISEASE-EA EMPLOYEE $ If yes, describe under E.L. DISEASE-POLICY LIMIT $ 1,000,00( DESCRIPTION OF OPERATIONS below c Rented/leased BK056555293 02/13/2015 02/13/2016 limit 150,00( Equipment De d. 1,00( DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remar1<s Schedule, if mone space is required) RE: BID #PWS15-89TRAN, PROJECT #6604, 6024 -ROMERIA DRAINAGE IMPROVEMENTS AND LA COSTA AVENUE SLOPE REPAIR. THE CITY OF CARLSBAD, ITS OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE INCLUDED AS ADDITIONAL INSURED PER FORM CG2033 AND CG2037 ATTACHED. PRIMARY AND NON-CONTRIBUTORY WORDING APPLIES. 30 DAY NOTICE OF CANCELLATION ENDORSEDMENT ATTACHED. CERTIFICATE HOLDER CANCELLATION CITY CAR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF CARLSBAD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1635 FARADAY AVENUE CARLSBAD, CA 92008 AUTHORIZED REPRESENTATIVE I y~J()g___ © 1988-2010 ACORD CORPORATION. All nghts reserved. ACORD 25 (201 0/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: WA-CGL-0000051975-01 NAMED INSURED: VAILSTON COMPANY, INC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTING INSURANCE This endorsement modfies insurance provided under the foUowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABIUTY COVERAGE PART To the exta1t that 1his insurance is afforded to any additional insured Lnder this policy, SECTION IV -COMMERCIAL GENERAL UABILITY CONDITIONS, 4. Other InsurancE~ is deleted in its entirety and replaced with the followingcondi1ion: 4. Other In sura nee If all of the other insurance permits contribution by equal shares, we will follow this method unless the insured is required by written contract signed by both parties, to provide insurance that is primary and non-contributory, and the "insured contract" is executed prior to any loss. Where required by a written contract signed by beth parties, this insurance will be prirrary and non-contributing only when and to the extent as required by that contract. However, under the contributory approa:;h each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of 1he loss remains, whichever comes first. If any of the oher insurance does not permit contribution by equal shares, we will contribute by li nits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. ALL OTHER TERMS AND CONDITIONS OF THE POUCY REMAIN UNCHANGED. This endorsement forms a part of 1he Policy to which atBched, effective on the inception date of the Policy unless otherwise stated herein. (The following information is required only when this endorsement is issued subsequent to preparation ofthe Policy.) Endorsement effective 02/13/15 Policy No. 11ij.ndorsementNo. 1 Named Insured Vailston Company, Inc. Countersigned by------------------- FMIC-GL-1002( 10/2012) POLICY NUMBER: WA-CGL-0000051975-01 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS-COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations As required by written contract signed by both parties Coverage under this endorsement applies only to "Commercia prior to the loss. Construction". 'Commercial Construction" means all construction activity that not "Residential Construction". "Residential Construction" means all construction activity performed on townhouses, condominiums, cooperatives, duplexes, triplexes, fourplexes, and single-family detached housing that is intended to be, will be, or is maintained or sold or the purpose of being used by natural persons as a dwelling and includes any associated improvements to real property, nfrastructure improvements, grading, excavating, utility work, oad paving, curb, or sidewalk work. Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill-Lim its Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. CG 20 37 0413 ©Insurance Ser\ilces Office, Inc., 2012 Page 1 of1 s NAMED INSURED: VAILSTON COMPANY, INC. POLICY NUMBER: WA-CGL-0000051975-0 COMMERCIAL GENERAL LIABILITY CG 20 330413 THIS ENDORSEMENT CHANGES THE POLICY_ PLEASE READ IT CAREFULLY_ ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II -Who Is An lnsu~d is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to linbility for "bodily injury'', "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions: or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the add~ional insured. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such add~ional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. Wtth respect to the insurance afforded to these additional insureds, the following additional exdusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury'' arising out of the rendering of, or the failure to render, any profP.ssion~l ~rchitP.r.tuml. P.nginP.P.ring or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the daims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveYJng se!'VIces. CG 20 33 0413 ©Insurance Services Office. Inc .. 2012 Page 1 of 2 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of ''your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill-limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 33 0413 © Insurance Services Office, Inc., 2012 Page 2 of 2 POLICY NUMBER: WA-CGL-0000051975-01 COMMERCIAL GENERAL LIABILITY CG 2404 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: As required by written contract signed by both parties prior to the loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV-Conditions: We waive any right of recovery we may have against the person or organization shovvn 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 240405 09 ©Insurance Services Office, Inc., 2008 Page 1 of 1 D THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT-30 DAY NOTICE OF CANCELLATION TO DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPlETED OPERATIONS COVERAGE PART It is agreed, the scheduled designated persons or organizations noted below will be given thirty (30) days notice of cancellation, except as respects non-payment of premium, for which ten (10) days notice will apply. SCHEDULED PERSONS OR ORGANIZATIONS: City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. This endorsement forms a part of the Policy to which attached, effective on the inception date of the Policy unless otherwise stated herein. (The following information is required only when this endorsement is issued subsequent to preparation of the Policy.) Endorsement effective Named Insured FMIC-GL-2012 (0712011) Policy No. Endorsement No. Countersigned by-------------------- (Authorized Representative) BAO (16) 56 55 52 93 VAILSTON COMPANY COMMERCIAL AUTO CA8810 0113 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGE INDEX SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 19 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 22 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 23 EXTRA EXPENSE -BROADENED COVERAGE 10 GLASS REPAIR-WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE (including employee hired auto and loss of use) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN I LEASE GAP 14 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 TWO OR MORE DEDUCTIBLES 17 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 18 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 20 SECTION II ·LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED SECTION II-LIABILITY COVERAGE, paragraph A.1. ·WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; ® 2013 Liberty Mutual Insurance CA 8810 0113 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 7 ---= -==== - (2) If the Limits of Insurance of any other Insurance policy have been exhausted; or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II-LIABILITY COVERAGE, paragraph A.1. -WHO IS AN INSURED is amended to include the following as an insured: f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow, but only for acts within the scope of their employment by you. Insurance provided by this endorse- ment is excess over any other insurance available to any "employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties re- lated to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II -LIABILITY COVERAGE, paragraph A.1. • WHO IS AN INSURED is amended to include the following as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS 5. SECTION II -LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, para- graphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earn- ings up to $500 a day because of time off from work. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II -LIABILITY, exclusion 8.5. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION Ill -PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or ® 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 7 "' "' b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. D. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee". For the purposes of this provision, SECTION V-DEFINITIONS is amended by adding the following: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION Ill -PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is dis- abled: a. For private passenger type vehicles, we will pay up to $50 per disablement. b. For "light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c. For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 -20,000 pounds. However, the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a., Coverage Extension of SECTION Ill -PHYSICAL DAMAGE COVERAGE, is amend- ed to provide a limit of $50 per day and a maximum limit of $1 ,500 @ 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 7 0 .... ;;;;;;;;;;;;;;; - 9. RENTAL REIMBURSEMENT SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". d. This coverage does not apply unless you have a business necessity that other "autos" avail- able for your use and operation cannot fill. e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11. 10. EXTRA EXPENSE -BROADENED COVERAGE Under SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V-DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an insured." "Personal effects" does not include tools, equipment, jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION Ill -PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the follow- ing: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other cov- erage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION Ill -PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclu- sions 4.c. and 4.d. is deleted and replaced with the following: ® 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 7 Exclusion 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered "auto"; or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 14. LOAN I LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss", b. Financial penalties imposed under a lease due to high mileage, excessive use or ab- normal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a "Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", i. Any amount representing taxes, j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered "auto" that incurred the loss. C. SECTION V-DEFINTIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. @ 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 7 ---- -= ;;;;;;;;;;;;;;; ---= --= ;;;;;;;;;;;;;;; ;;;;;;;;;;;;;;; ;;;;;;;;;;;;;;; {g_ g -- 15. GLASS REPAIR-WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 1 0,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: a. In the charge of an "insured"; b. Legally parked; and c. Unoccupied. The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. 17. TWO OR MORE DEDUCTIBLES Under SECTION Ill PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same accident, the following applies to paragraph D. Deductible: a. If the applicable Business Auto deductible is the smaller (or smallest) deductible it will be waived; or b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the loss involves two or more Business Auto coverage forms or policies the smaller (or smallest) deductible will be waived. For the purpose of this endorsement company means any company that is part of the Liberty Mutual Group. SECTION IV • BUSINESS AUTO CONDITIONS is amended as follows: 18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV-BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 19. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV -BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following: a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. Member, if you are a limited liability company; 4. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 7 To the extent possible, notice to us should include: (1) How, when and where the "accident" or "loss" took place; (2) The "insureds" name and address; and (3) The names and addresses of any injured persons and witnesses. 20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV -BUSINESS AU TO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident" or "loss", our rights are waived also. 21. HIRED AUTO COVERAGE TERRITORY SECTION IV-BUSINESS AUTO CONDITIONS, paragraph 8.7., Policy Period, Coverage Territory; is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V -DEFINITIONS is amended as follows: 22. BODILY INJURY REDEFINED Under SECTION V-DEFINTIONS, definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish. mental injury, shock, fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 23. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A. -CANCELLATION condition applies except as fol- lows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancella- tion. ® 2013 Liberty Mutual Insurance CA 8810 0113 Includes copyrighted material of Insurance Services Office, Inc., with Its permission. Page 7 of 7 BIDDER•s STATEMENT RE DEBARMENT (To Accompany Proposal) ROMERIA DRAINAGE IMPROVEMENTS (6604} AND LA COSTA AVENUE SLOPE REPAIR {6024} CONTRACT NO. 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of 7a? yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: l/l'f1 L-$ :11).--J (C1-11 fl/"J-iN"-f / FM (...._ (name of Contractor) ' ~- By: ____ ~\Af(s-ig_n_h_e-re_) ____________ __ /!_lf:'r"C V fJI-f'"riS'Jb,J I j>(l,:_~j)l;;-#;--- (print name/title) Page I of I pages of this Re Debarment form 1"\ •+' Revised 3/6/15 Contract No. 6604 and 6024 Page 29 of 177 Pages BIDDER•s DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) ROMERIA DRAINAGE IMPROVEMENTS (6604) AND LA COSTA AVENUE SLOPE REPAIR (6024) CONTRACT NO. 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 re7 of your contractor's license ever been stayed? yes no 3) Have any subcontractors that you propose to pertorm 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 e/"ar period? yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to pertorm any portion of the Work e~n stayed? yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore. (If needed attach additional sheets to provide full disclosure.) Page _I_ of v· pages of this Disclosure of Discipline form (~ •+' Revised 3/6/15 Contract No. 6604 and 6024 Page 30 of 177 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) ROMERIA DRAINAGE IMPROVEMENTS (6604) AND LA COSTA AVENUE SLOPE REPAIR (6024) CONTRACT NO. 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. (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: VA--tL-stuA c::J,rJ~A-rt'£ ,.~t:..- (name of Contractor) By: 1!.;;-(sig~ (print name/title) Page r2-of ""L--" pages of this Disclosure of Discipline form ., f.., Revised 3/6/15 Contract No. 6604 and 6024 Page 31 of 177 Pages NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 ROMERIA DRAINAGE IMPROVEMENTS (6604) AND LA COSTA AVENUE SLOPE REPAIR (6024) CONTRACT NO. The undersigned declares: I am the f~;.ocN"r;i V/fft,5:r7J~ , the party making the foregoing bid. c:.f.J/1/1 1':1-r''-0 "~ ~ The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to retrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on rl lA ·"-'.:--/'<:;-, 20 ~~~at 5!f"r-1 (VI'f1Z..c:..:.') [city], CA-[state]. Sigo;x:;;= ('\ •+r" Revised 3/6/15 Contract No. 6604 and 6024 Page 32 of 177 Pages CONTRACT PUBLIC WORKS This agreement is made this / sC day of ~TCrvlhecv-, 20 IS: by and between the City of Carlsbad, California, a municipa corporation, (hereinafter called "C1ty"), and Vailston Company, Inc., a California corporation whose principal place of business is 774 N. Twin Oaks Valley Road, Suite C, San Marcos, CA 92069 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: ROMERIA DRAINAGE IMPROVEMENTS (6604) AND LA COSTA AVENUE SLOPE REPAIR (6024) CONTRACT NO. (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, Noncollusion Declaration, Designation of Subcontractors, Technical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are l' • ., Revised 3/6/15 Contract No. 6604 and 6024 Page 33 of 177 Pages as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. l' •fi Revised 3/6/15 Contract No. 6604 and 6024 Page 34 of 177 Pages Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in 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: $2,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $2,000,000 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 and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. ('\ •+' Revised 3/6/15 Contract No. 6604 and 6024 Page 35 of 177 Pages (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 (1 0) days' prior written notice has been sent to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy # 70. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 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 201 04) which are incorporated by reference. A copy of Article 1.5 is included in Section 3 of the General Provisions. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 201 04.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false {'\ •+' Revised 3/6/15 Contract No. 6604 and 6024 Page 36 of 177 Pages claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above. v< init / 41 init 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. 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. l' •+' Revised 3/6/15 Contract No. 6604 and 6024 Page 37 of 177 Pages ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On Cb\ B\ \ 'J.Ol~ before me, Morgen Fry, Notary Public (insert name and title of the officer) personally appeared }J\ a±t t\-z;r. \ \ , who proved to me on the basis of satisfactory evidence to be the ~rson~) whose name('s.) is/'ftfe- subscribed to the within instrument and acknowledged to me that~/.she/they executed the same in ~authorized capacity(~), and that by@her/tfleir signature(-&) on the instrument the personts), or the entity upon behalf of which the person(-s7 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. I' 0 • • 0 • • • • t.8R~E~ ;R; 0 • 0 , a Commission# 2091497 l j Notary Pu!JIIc • California ~ z San Diego County) :: l •.•• .., t0p ='ts e·: t4rJ&1 d WITNESS my hand and official seal. (Seal) 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: 1!/rr L--<5 ll'.~ {r:P n 1:?--;v Vc / ~"" C-, (name of Contractor) 1 By:~----~~~~~-----------­(sign here) 3/J!' \ 'ftu~U~-:7t:? ·-1- (print name and title) CITY OF CARLSBAD a municipal corporation of the State of Cali~ofnia//11 By:~Ho.J0 Mayor ATTEST: President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER City Attorr;1ey ~ ') l" By: I ('\ •+' Revised 3/6/15 Contract No. 6604 and 6024 Page 38 of 177 Pages ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On 20th of August 2015 before me, S. Haii-Vinyard, Notary Public (insert name and title of the officer) personally appeared Nate Johnston , who proved to me on the basis of satisfactory evidence to be the person~ whose name(.~S-)@Yare­su~bscribed to the within instrument and acknowled9_~d to me thati6~sAel-tf:ley executed the same in ~~r authorized capacity~. and that bY<!r§.PAe#tfleif signature~ on the instrument the person~. or the entity upon behalf of which the person~ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. l ~,;o;.;• 0 S. HALL·VINYARD "'1 .· . · COMM. #1986475 z ~ ~ ·~ .· . Notary Public • California i3 z , .... San Diego County 1 ~' ~·. 0 M:cemT·~&'t28.20l6. (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego on 20th of August 2015 before me, S. Haii-Vinyard, Notary Public (insert name and title of the officer) personally appeared Paul Kratka , who proved to me on the basis of satisfactory evidence to be the person~ whose name,(:S:)§Jar-e- su~scribed to the within instrument and acknowle~ed to me thatf1,Eil-sheltfle-y executed the same in ~!lreF!tRei·r authorized capacity~+~·, and that bY(!li~§1ReFftt:letr:-signaturetsJ.. on the instrument the person(;lQ_, or the entity upon behalf of which the person~acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) Bond number: 54-204235 Premium included in Performance Bond LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2015-201, adopted July, 281 2015 has awarded to Vailston Company, Inc. (hereinafter designated as the "Principal"), a Contract for: ROMERIA DRAINAGE IMPROVEMENTS (6604) AND LA COSTA AVENUE SLOPE REPAIR (6024) CONTRACT NO. 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 aH 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, VAlLSTON COMPANY, INC., as Principal, (hereinafter designated as the "Contractor"), and Financial Pacific Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of FOUR HUNDRED FOUR THOUSAND FlVE HUNDRED FIFTY THREE Dollars ($404,553), said sum being an amount equal to: One hundred percent (100°/o) of the t.ota! amount payable under the terms of the contract by the City of Carlsbad, and for which payment wet! 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 OBUGA TION IS SUCH that if the Contractor or his/her subcontractors fa !I 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 !abor thereon of any kind, consistent with California Civi! Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, ln case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with Catifornia Civil Code section 9554, This bond shall inure to the benefit of any of the persons named in CaHfornia Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond_ Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shaH affect lts obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised 3/6115 Contract No. §}304 and 6Q24 Page 39 of 177 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 ob!igatr.ons under this bond. Executed by CONTRACTOR this day of 11:::!::: ft;-t4 > r-- CONTRACTOR; Vailston Company, Inc. Nate Johnston (print name here) 5'~ j 20 15 . rganizatlon of signatory) By: _ ___: ___ ~/-· -"...,.1:--L...---/ ----- {sign here) rf;rvlt l 1G-~-~~ (print name here) :: L"C (l,er~--t (Ut!e and organization of signatory) Executed by SURETY this __ 4_t_h __ day f August 0 ------~~-------------15 SURETY: Financial Pacific Insurance Company (name of Surety) 118 2nd Avenue, SE Cedar Rapids, lA 52407 (address of Surety) Matthew C. Gapor (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,) APPROVED AS TO FORM: CELIA A BREWER City Attorney~ By: Revised 3/6/15 Page 40 of '177 Pages ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego on 20th of August 2015 before me, S. Haii-Vinyard, Notary Public (insert name and title of the officer) personally appeared _P_a_u_I_K_ra_t_k_a-------------,....--------,,.,--- who proved to me on the basis of satisfactory evidence to be the person((s.1 whose name~)ar~ StJbscribed to the within instrument and acknowledged to me thatd).61S'heftl"'ey executed the same in @Ji:ler11:Aeir authorized capacity(iesf; and that b@he#thetf-signature~ on the instrument the person~ or the entity upon behalf of which the person~ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) ACKNOWLEDGMENT r;:-:::-·-··-· .. ' \ A notary public or other officer completing this ~· 1 certificate vermes only the ldent1ty of the Individual ,I who s1gned the document to which th!S certificate is : attached, and not the truthfulness, accuracy, or I valid!~ of that document .. ·------···--·~----· .. ···--~"""'··-----' State of California S . County of an Diego ' ' . / on ~ 3i ~Of~ beforeme,_s_._H-.a~ll_-v_rn_y_a_rd ____ . ~------- i/1 .. , l~?J,me and title of the officer) personally appeared F I~ Uv _ . __ " ____ , who proved to me on the basis of satisf ctory evidence to be the person($} whose nameOOls;J'ai:Q- subscribed to the within mstrument and acknowle.~gaed t.o me that(f)Wshe/.H'I:ey executed the'same 1n €~~~ authorized capacity{tes}., and that by.(.!lj~~ s1gnatureOO on the ;nstrument the person()Q: or the entity upon behalf of wh1ch the person(s) acted, executed the instrument f certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph IS true and correct. WITNESS my hand and official seal. (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On August 4, 2015 before me, Kathy Scheuerman, Notary Public -------(insert name and title of the officer) personally appeared Matthew C. Gaynor who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged tome 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 pers on(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. KATHY SCHEUERMAN WITNESS my hand and official seal. _ Commission # 2062091 ~ : -:.•--• Notary Public • California ~ z · San Diego County ~ t • ··~ ,.; 0 ,.,Ml SoT"! [X~rts !ltf tB}~1 ~ (Seal) Bond number: 54-204235 Premium: $8,091 Premium will be adjusted based on final contract amount. FAITHFUL PERFORMANCE/WARRANTY BONO WHEREAS, the City Councll of the City of Carlsbad, State of California, by Resolution No.2015~201, adopted July 28, 2015, has awarded to Vai!ston Company, Inc" (here~nafter designated as the "Principal"), a Contract for: ROMERIA DRAINAGE IMPROVEMENTS (6604} AND LA COSTA AVE.NUE SLOPE REPAIR (6024 CONTRACT NO. 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 Clty Clerk of the City of Carlsbad. an 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, VAILSTON COMPANY, INC, as Principal, {hereinafter designated as the "Contractor"), and Financial Pacific Insurance Company , as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of FOUR HUNDRED FOUR THOUSAND FIVE HUNDRED FIFTY THREE Dollars ($404.553), said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid to City or its certatn attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor. their heirs, executors, administrators, successors or assigns, shaH rn a!! things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made a.s therein provided on their part to be kept and performed at the tirne and ln the manner therein speclfied, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, a!teration or addition to the terms of the Contract, or to the work to be performed there under or the speclficatlons accompanying the same shaH affect its obligations on this bond, and it does hereby waive notice of any change, extension of time. alterations or addition to the terms of the contract or to the work or to the specifications" Revised 3!6/15 Contract No 6604 and 6Q.:?!! Page 41 of 177 Pages in the event that Contractor is an individual, it ls agreed that the death of any such Contractor shaH not exonerate the Surety from its obligations under this bond. Executed by SURETY this __ 4_t_h __ day of Executed by CONTRACTOR this ___ _ day of ______________ __ CONTRACTOR: Vails ton Company, Inc (name of Contractor) Nate Johnston (print name here) (Title and Organization of Signatory) (sign here) ~ii:J1'-l ~· (Z)-\~1¥1'/ (print name here) 5 -ecrLC::T~t (Title and Organization of signatory) __ _________ A~ug~u_s_t ___________ ,2012__ SURETY: Financial Pacific Insurance Company (name of Surety) 118 2nd Avenue, SE Cedar lA 52407 (address of Surety) 319-247-6144 (telephone number of Surety) Matthew C. Gaynor (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, !f only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate sea! empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By.~~ Assistant citYAtfOmey l'\ •4i Revised 316/15 Contract No. 6GQ£L~EJEL§Q.f4 Page 42 of 177 Pages ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego on 20th of August 2015 before me, S. Haii-Vinyard, Notary Public (insert name and title of the officer) personally appeared Nate Johnston , who proved to me on the basis of satisfactory evidence to be the person(~) whose name(.s.}li§./ar€k su~scribed to the within instrument and acknowledged to me tha~/9-Ae/tfl.ey executed the same in @119efltfleit authorized capacity(ies), and that b~~/Aer-ftAeif signature(~ on the instrument the personOO, or the entity upon behalf of which the person(~ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego on 20th of August 2015 before me, S. Haii-Vinyard, Notary Public (insert name and title of the officer) personally appeared Paul Kratka , who proved to me on the basis of satisfactory evidence to be the personM whose name~.)([S?are·­ subscribed to the within instrument and acknowledged to me that~)s.R~executed the same in @rnwtheilauthorized capacity(ies}, and that by~_bt-le-r:ltAeif signature~ on the instrument the personts), or the entity upon behalf of which the person(5)...acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On August 4, 2015 before me, Kathy Scheuerman, Notary Public ---:-::-----:------(insert name and title of the officer) personally appeared Matthew C. Gaynor who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/are subscribed to the within instrument and acknowledged tome 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 pers on(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. KATHY SCHEUERMAN WITNESS my hand and official seal. ; Commission # 2062091 <z~ : • • Notary Public • California ~ ' ' > z San Diego County -J ••••• Jvll S0T"l· &x~r~ !4tr ~hn1 gl (Seal) OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and whose address is -------------------------------------------------------------------------------------------------------hereinafter called "Contractor" and whose address is ------------------------------------ ------::-::---------:-------------------------------------------hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to section 22300 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for ROMERIA DRAINAGE IMPROVEMENTS (6604) AND LA COSTA AVENUE SLOPE REPAIR (6024) CONTRACT NO. in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. ("\ ·~ Revised 3/6/15 Contract No. 6604 and 6024 Page 43 of 177 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 City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the· Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: For Contractor: For Escrow Agent: {'\ •+f Revised 3/6/15 Title FINANCE DIRECTOR Name ----------------------------------- Signature------------------------------- Address 1635 Farada Avenue Title Signature...,.."'----------------------------- ·7?-'( yv', Twlri CJ/f'Jv.5 Vtrl-D?l( rLj) He_ '5,f-.rJ /Vyttrt-L ,;-5 r L ~.j---· ''/ "1.---V G :z;- Name ________________________________ ___ Signature------------------------------ Address ------------------------------- Contract No. 6604 and 6024 Page 44 of 177 Pages At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: Title MAYOR Name ________________________________ __ Signature ----------------------------- Address 1200 Carlsbad Village Drive, Carlsbad, CA 92008 For Contractor: Title Name _______________________________ __ Signature---------------------------- Address __________________________ ___ For Escrow Agent: Title --------------------------------- Name _____________________________ __ Signature ----------------------------- Address ____________________________ ___ l"\ •+i' Revised 3/6/15 Contract No. 6604 and 6024 Page 45 of 177 Pages GENERAL PROVISIONS FOR ROMERIA DRAINAGE IMPROVEMENTS and LA COSTA AVENUE SLOPE REPAIR CONTRACT NO. 6604 and 6024 CITY OF CARLSBAD BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1, GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 --TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 TERMS -Unless 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, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. 1'\ •+" Revised 11/24/1 0 Contract No. 6604 and 6024 Page 46 of 177 Addendum -Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bulletins and all other types of written notices issued to potential bidders prior to opening of Bids. Agency-The City of Carlsbad, California. Agreement -See Contract. 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 representative. Cash Contract -A Contract financed by means other than special assessments. Change Order -A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code-The terms Government Code, Labor Code, etc., refer to codes of the State of California. Construction Manager-the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Contract-The written agreement between the Agency and the Contractor covering the Work. Contract Documents -Including but not limited to; the Contract, any Addendum (which pertain to the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions, permits from other agencies, the Technical Specifications, the Supplemental Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. {'\ •+' Revised 11/24/1 0 Contract No. 6604 and 6024 Page 47 of 177 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, luminaire arm, luminaire, etc. Engineer -The City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile -Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer-A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer-A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire -The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm-The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Minor Bid Item-A single contract item constituting less than 10 percent (10%) of the original Contract Price bid. 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. ("\ fF Revised 11/24/1 0 Contract No. 6604 and 6024 Page 48 of 177 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 disabmty insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1. Person -Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans-The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract -Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project Inspector -The Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Proposal -See Bid. Reference Specifications-Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. Roadway-The portion of a street reserved for vehicular use. Service Connection-Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer-Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Specifications -General Provisions, Standard Specifications, Technical Specifications, Reference Specifications, Supplemental Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Standard -The shaft or pole used to support street lighting luminaire, 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 . ... ~J Revised 11/24/1 0 Contract No. 6604 and 6024 Page 49 of 177 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. Supplemental Provisions -Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. Surety-Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. Tonne-Also referred to as "metric ton". Represents a unit of measure in the International System of Units equal to 1 ,000 kilograms. Utility-Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private easement. Work-That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. 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 . .... "\J Revised 11/24/1 0 Contract No. 6604 and 6024 Page 50 of 177 1-3.2 Common Usage Abbreviation Word or Words ABAN ............................................................. Abandon dB ................................................................... Decibels A BAND ...................................................... Abandoned DBL. .................................................................. Double ABS ....................... Acrylonitrile -butadiene -styrene OF ............................................................... Douglas fir AC ..................................................... Asphalt Concrete DIA ................................................................. Diameter ACP .......................................... Asbestos cement pipe DIP ...................................................... Ductile iron pipe ACWS ..................... Asphalt concrete wearing surface DL ................................................................ Dead load ALT ................................................................ Alternate DR ..................................................... Dimension Ratio APTS ................................. Apartment and Apartments DT .................................................................. Drain Tile AMER STD .................................... American Standard DWG ............................................................... Drawing AWG ............... American Wire Gage (nonferrous wire) DWY .............................................................. Driveway BC ................................................... Beginning of curve DWY APPR ................................... Driveway approach BCR ....................................... Beginning of curb return E ....................................................................... Electric BDRY ............................................................ Boundary EA ........................................................................ Each BF ..................................................... Bottom of footing EC ............................................................ End of curve BLDG ........................................ Building and Buildings ECR ................................................. End of curb return BM ............................................................ Bench mark EF ................................................................ Each face BVC ................................... Beginning of vertical curve EG ......................................................... Edge of gutter B/W ........................................................... Back of wall EGL ................................................. Energy grade line C/C ..................................................... Center to center EI ................................................................... Eievation CAB ...................................... Crushed aggregate base ELC ...................................... Eiectrolier lighting conduit CAUOSHA ........... California Occupational Safety and EL T ........................................................ Extra long ton Health Administration ENGR ....................................... Engineer, Engineering CaiTrans ........ California Department of Transportation EP ................................................... Edge of pavement CAP ................................... Corrugated aluminum pipe ESMT ........................................................... Easement CB ............................................................. Catch Basin ETB ........................................... Emulsion-treated base Cb ........................................................................ Curb EVC ............................................... End of vertical curb CBP ............................... Catch Basin Connection Pipe EWA .............................. Encina Wastewater Authority CBR ........................................ California Bearing Ratio EXC ............................................................ Excavation CCR ............................. California Code of Regulations EXP JT ................................................ Expansion joint CCTV ............................................... Closed Circuit TV EXST ............................................................... Existing CES .......................... Carlsbad Engineering Standards F ................................................................. Fahrenheit CF ................................................................. Curb face F&C .................................................. Frame and cover CF ................................................................ Cubic foot F&l .................................................. Furnish and install C&G .................................................... Curb and gutter FAB ............................................................... Fabricate CFR ................................ Code of Federal Regulations FAS ............................................... Flashing arrow sign CFS ......................................... Cubic Feet per Second FD ............................................................... Floor drain CIP ......................................................... Cast iron pipe FDN ........................................................... Foundation CIPP ................................................ Cast-in place pipe FED SPEC .................................. Federal Specification CL ............................................. Clearance, center line FG ......................................................... Finished grade CLF ..................................................... Chain link fence FH ............................................................. Fire hydrant CMB ............................... Crushed miscellaneous base FL .................................................................. Flow line CMC ......................................... Cement mortar-coated FS ...................................................... Finished surface CML ............................................. Cement mortar-lined FT-LB ......................................................... Foot-pound CMWD .................... Carlsbad Municipal Water District FTG ................................................................. Footing CO ................................................... Cleanout (Sewer) FW ............................................................ Face of wall COL ................................................................. Column G ............................................................................ Gas COMM ...................................................... Commercial GA ..................................................................... Gauge CONC ............................................................ Concrete GAL ............................................... Gallon and Gallons CONN ........................................................ Connection GAL V ......................................................... Galvanized CONST ................................... Construct, Construction GAR ............................................ Garage and Garages COORD ...................................................... Coordinate GIP .............................................. Galvanized iron pipe CSP ........................................... Corrugated steel pipe GL. ........................................ Ground line or grade line CSD ................................ Carlsbad Standard Drawings GM ............................................................... Gas meter CTB ............................................ Cement treated base GNV ............................................... Ground Not Visible CV ............................................................. Check valve GP ................................................................. Guy pole CY ............................................................... Cubic yard GPM ............................................... gallons per minute D ............................................................... Load of pipe GR ..................................................................... Grade 11"- \.., Revised 11/24/1 0 Contract No. 6604 and 6024 Page 51 of 177 GRTG ............................................................... Grating PCC ........................ Portland cement concrete or point GSP ........................................... Galvanized steel pipe H ............................................................ High or height HB .................................................................. Hose bib of compound curvature PCVC ....................... Point of compound vertical curve PE ............................................................ Polyethylene HC ................................................... House connection HDWL ............................................................ Headwall HGL .............................................. Hydraulic grade line HORIZ ......................................................... Horizontal HP ............................................................. Horsepower HPG ................................................ High pressure gas HPS ............................... High pressure sodium (Light) HYDR ........................................................... Hydraulic IE ......................................................... Invert Elevation ID ......................................................... Inside diameter INCL .............................................................. Including PI .................................................. Point of intersection PL ............................................................ Property line PMB ............................ Processed miscellaneous base POC ...................................................... Point on curve POT ................................................... Point on tangent PP .............................................................. Power pole PRC .......................................... Point of reverse curve PRVC ............................ Point of reverse vertical curve PSI. ......................................... Pounds per square inch PT ..................................................... Point of tangency PVC .................................................. Polyvinyl chloride PVMT ........................................................... Pavement INSP ............................................................ Inspection INV ...................................................................... Invert IP ................................................................... Iron pipe JC .................................................... Junction chamber PVT RIW ....................................... Private right-of-way Q ......................... Rate of flow in cubic feet per second QUAD ....................................... Quadrangle, Quadrant R ....................................................................... Radius JCT ................................................................. Junction R&O .......................................................... Rock and oil JS .................................................... Junction structure JT .......................................................................... Joint L ........................................................................ Length LAB ............................................................. Laboratory LAT ................................................................... Lateral LB ...................................................................... Pound RJW .......................................................... Right-of-way RA. ...................................................... Recycling agent RAG ................................... Recycled asphalt concrete RAP ............................... Reclaimed asphalt pavement RBAC .............................. Rubberized asphalt concrete RC ............................................... Reinforced concrete LD ..................................................... Local depression RCB ....................................... Reinforced concrete box LF ............................................................... Linear foot LH ................................................................ Lamp hole LL. .................................................................. Live load RCE ...................................... Registered civil engineer RCP ...................................... Reinforced concrete pipe RCV ............................................ Remote control valve LOL. ............................................................ Layout line REF ............................................................. Reference LONG ....................................................... Longitudinal REINF .............................. Reinforced or reinforcement LP ................................................................ Lamp post RES .............................................................. Reservoir LPS ................................. Low pressure sodium (Light) LS ................................................................ Lump sum L TS .................................................... Lime treated soil RGE ........................ Registered geotechnical engineer ROW ....................................................... Right-of-Way RR .................................................................. Railroad LWD ............................... Leucadia Wastewater District MAINT ..................................................... Maintenance MAX .............................................................. Maximum MCR ........................................... Middle of curb return MEAS ............................................................ Measure RSE ............................. Registered structural engineer RTE ................................... Registered traffic engineer S ................................... Sewer or Slope, as applicable SCCP ............................... Steel cylinder concrete pipe SD .............................................................. Storm drain MH ................................... Manhole, maintenance hole MIL SPEC .................................... Military specification MISC ...................................................... Miscellaneous MOD .................................................. Modified, modify MON ........................................................... Monument MSL .. Mean Sea Level (Reg. Standard Drawing M-12) 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 MTBM ......................... Microtunneling Boring Machine MUL T ............................................................... Multiple SF .............................................................. Square foot SFM ................................................ Sewer Force Main MUTCD ..... Manual on Uniform Traffic Control Devices MVL ............................................... Mercury vapor light NCTD .............................. North County Transit District Sl ...................... International System of Units (Metric) SPEC ..................................................... Specifications SPPWC .......................................... Standard Plans for NRCP ............................. Nonreinforced concrete pipe Public Works Construction OBS ............................................................... Obsolete OC ................................................................ On center SSPWC ............................. Standard Specifications for Public Works Construction OD .................................................... Outside diameter OE ............................................................. Outer edge ST HWY ................................................. State highway STA ................................................................... Station OHE ................................................. Overhead Electric STD ............................................................... Standard OMWD .................. Olivenhain Municipal Water District OPP ............................................................... Opposite ORIG ............................................................... Original STR ................................................................. Straight STR G R ................................................. Straight grade STRUC ......................................... Structural/Structure PB .................................................................... Pull box SW ................................................................. Sidewalk PC .................................................... Point of curvature SWD ..................................................... Sidewalk drain I'\ •+" Revised 11/24/10 Contract No. 6604 and 6024 Page 52 of 177 SY ............................................................. Square yard USA ................................... Underground Service Alert T ................................................................. Telephone VAR .................................................... Varies, Variable TAN ................................................................ Tangent VB ................................................................. Valve box TC .............................................................. Top of curb VC ........................................................... Vertical curve TEL ............................................................. Telephone VCP .................................................. Vitrified clay pipe TF .......................................................... Top of footing VERT ............................................................... Vertical TOPO ....................................................... Topography VOL ................................................................. Volume TR ........................................................................ Tract VWD ....................................... Vallecitos Water District TRANS ......................................................... Transition W ....................... Water, Wider or Width, as applicable TS ......................... Traffic signal or transition structure WATCH .............. Work Area Traffic Control Handbook TSC ............................................ Traffic signal conduit WI ............................................................ Wrought iron TSS ........................................... Traffic signal standard WM ........................................................... Water meter TW .............................................................. Top of wall WPJ ........................................... Weakened plane joint TYP ................................................................... Typical XCONN ............................................. Cross connection UE ............................................... Underground Electric XSEC ...................................................... Cross section 1-3.3 Institutions. Abbreviation Word or Words AASHTO ................. American Association of State Highway and Transportation Officials AISC ................................................................... American Institute of Steel Construction ANSI ...................................................................... American National Standards Institute API ...................................................................................... American Petroleum Institute AREA ............................................................. American Railway Engineering Association ASTM ............................................................. American Society for Testing and Materials AWPA ................................................................. American Wood Preservers Association AWS ......................................................................................... American Welding Society AWWA ...................................................................... American Water Works Association FHWA ............................................................................. Federal Highway Administration GRI ................................................................................. Geosynthetic Research Institute NEMA ........................................................ National Electrical Manufacturers Association NOAA ................ National Oceanic and Atmospheric Administration (Dept. of Commerce) UL ..................................................................................... Underwriters' Laboratories Inc. USGS ............................................................................. United States Geological Survey 1-4 UNITS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test requirements contained herein use Sl units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the Sl units shall control. S.l. units and U.S. Standard Measures in parenthesis may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the Sl system and a more extensive set of conversion factors . . , "\.., Revised 11 /24/1 0 Contract No. 6604 and 6024 Page 53 of 177 1-4.2 Units of Measure and Their Abbreviations. U.S. Customary Unit (Equal To) Sl Unit (Abbreviations) (Abbreviations) 1 mil {=0.001 in) ................................................................................... 25.4 micrometer (Jlm) 1 inch (in) .............................................................................................. 25.4 millimeter (mm) 1 inch (in) .............................................................................................. 2.54 centimeter (em) 1 foot (ft) ............................................................................................... 0.3048 meter (m) 1 yard (yd) ............................................................................................ 0.9144 meter (m) 1 mile (mi) ............................................................................................. 1.6093 kilometer (km) 1 square foot (ft2) .................................................................................. 0.0929 square meter {m2) 1 square yard (yd2) ............................................................................... 0.8361 square meter {m2) 1 cubic foot (fP) .................................................................................... 0.0283 cubic meter (m3) 1 cubic yard (yd3) ................................................................................. 0.7646 cubic meter (m3) 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 {lb) (avoirdupois) ........................................................... 0.4536 kilogram (kg) 1 ounce mass (oz) ................................................................................ 0.02835 kilogram (kg) 1 Ton (=2000 lb avoirdupois) ............................................................... 0.9072 Tonne (= 907 kg) 1 Poise ................................................................................................. 0.1 pascal· second (Pa · s) 1 centistoke (cs) ................................................................................... 1 square millimeters per 1 pound force {lbf) ................................................................................ /1%g~~~~~~s(N) 1 pounds per square inch (psi) ............................................................. 6.8948 Kilopascal (kPa) 1 pound force per foot {lbf/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 (0C): °F = {1.8 X °C) + 32 .............................................................................. oc = (°F-32)/1.8 Sl Units (abbreviation) Commonly Used in Both Systems 1 Ampere (A) 1 Volt (V) 1 Candela ( cd) 1 Lumen (lm) 1 second (s) Common Metric Prefixes ~~it~;~i::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~ g~! micro (11) ............................................................................................... 1 o-6 nano (n) ................................................................................................ 1 o-9 pico (p) ................................................................................................. 10-12 1"\ •+' Revised 11/24/10 Contract No. 6604 and 6024 Page 54 of 177 1-5 SYMBOLS ~ L % ' " I 0 PL CL SL Delta, the central angle or angle between tangents Angle Percent Feet or minutes Inches or seconds Number per or (between words) Degree Property line Centerline 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 Inviting 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 41 00 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 ($1 0,000), whichever is greater." "(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid." ., ~+" Revised 11/24/1 0 Contract No. 6604 and 6024 Page 55 of 177 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 41 07, 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 411 0 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 (1 0) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2·3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract, and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work. 2-4 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 ·~ \.., Revised 11/24/1 0 Contract No. 6604 and 6024 Page 56 of 177 sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Complet~on 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 . . , '-+" Revised 11/24/1 0 Contract No. 6604 and 6024 Page 57 of 177 The specifications for the work include the General Provisions, project technical specifications, Carlsbad Engineering Standards (CES), Standard Specifications for Public Works Construction, (SSPWC), Part 2 & 3, and the latest supplements thereto, current edition at the time of bid opening as published by the "Greenbook" Committee of Public Works Standards, Inc., hereinafter designated "SSPWC", as amended. The construction plans consist of two (2) sets. The first set is designated as City of Carlsbad Drawing No. 455-5 and consists of six (6) sheets. The second set is designated as City of Carlsbad Drawing No. 455-5A and consists of two (2) sheets. 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 and Carlsbad Standard Drawings, as issued by the City of Carlsbad and the Carlsbad Municipal Water District, hereinafter designated as CES and CSD, respectively. Copies of some of the pertinent standard drawings are enclosed as an appendix to these General Provisions. The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Specifications and not shown on the Plans, or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Change orders, whichever occurs last. 3) Contract addenda, whichever occurs last. 4) Contract 5) Carlsbad General Provisions, Technical Specifications, and Supplemental Provisions. 6) Plans. 7) Standards plans. a) City of Carlsbad Standard Drawings. b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) Traffic Signal Design Guidelines and Standards. (' fl Revised 11/24/1 0 Contract No. 6604 and 6024 Page 58 of 177 f) State of California Department of Transportation Standard Plans. g) State of California Department of Transportation Standard Specifications. h) California Manual on Uniform Traffic Control Devices (CA MUTCD). 8) Standard Specifications for Public Works Construction, as amended. 9} Reference Specifications. 1 0) Manufacturer's Installation Recommendations Detail drawings shall take precedence over general drawings. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2} through 9) above. Detailed plans and plan views shall have precedence over general plans. 2-5.3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in 2-5.3.2, 2-5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the Engineer. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required by performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, 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 fm review. 5} Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6} Description of the contents of the submittal. 7) Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: ."' ~+' Revised 11/24/10 Contract No. 6604 and 6024 Page 59 of 177 "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. Working drawings are required in the following sections: TABLE 2-5.3.2 {A} Item Section Title Subject Number 1 7-10.4.1 Safety Orders Trench Shoring 2 207-2.5 Joints Reinforced Concrete Pipe 3 207-8.4 Joints Vitrified Clay Pipe 4 207-10.2.1 General Fabricated Steel Pipe 5 300-3.2 Cofferdams Structure Excavation & Backfill 6 303-1.6.1 General False work 7 303-1.7.1 General Placing Reinforcement 8 303-3.1 General Prestressed Concrete Construction 9 304-1.1.1 Shop Drawings Structural Steel 10 304-1.1.2 Falsework Plans Structural Steel 11 304-2.1 General Metal Hand Railings 12 306-2.1 General Jacking Operations 13 306-3.1 General Tunneling Operations 14 306-3.4 Tunnel Supports Tunneling Operations 15 306-6 Remodeling Existing Sewer Polyethylene Liner Installation Facilities 16 306-8 Microtunneling Microtunneling Operations 17 307-4.3 Controller Cabinet Wiring Diagrams Traffic SiQnal Construction Working drawings listed above as Items 5, 6, 8, 9, 10, 12, 13, 14 and 16 shall be prepared by a Civil or Structural Engineer registered by the State of California. 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. 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 l' • ., Revised 11/24/10 Contract No. 6604 and 6024 Page 60 of 177 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 wm 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 7-1 0.4.4. 6) Concrete mix designs per 201-1.1. 7) Asphalt concrete mix designs per 203-6.1. 8) Data, including, but not limited to, catalog sheets, manufacturer's brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for irrigation 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 {1 0) days of completion of the work. Payment for performing the work required by Section 2-5. shall be at the lump sum price bid and no additional payment wm 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 for damages caused by such actions. l' •+' Revised 11/24/10 Contract No. 6604 and 6024 Page 61 of 177 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 (81H' 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 CAL TRANS "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 centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of ., ~+' Revised 11/24/1 0 Contract No. 6604 and 6024 Page 62 of 177 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. 2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing. Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal locations where the curb is not being built as a part of this contract. Staking and marking shall be completed by the Surveyor and inspected and approved by the Engineer before the start of construction in the area marked. Centerline monument shall have the disk stamped with the date the monument was set and the registration number of the Surveyor. Habitat mitigation sites and other areas to be preserved that are shown on the plans shall be staked 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 Stake Centerline or Parallel to Centerline Lateral Setting Tolerance Description Spacing®,@ Spacing 0>, @ (Within) ~ Street Centerline SDRS M-10 S:1000', Street Intersections, Begin and end of on street 0.02' Monument curves, only when shown on the plans centerline Horizontal, also see Section 2-9.2.1 herein Clearing Lath in soil, lath -lntervisible, ::;; 50' on tangents at clearing line 1' Horizontal painted line & ::;; 25' on curves, Painted line-continuous on PCC & AC surfaces Slope RP +Marker lntervisible and::;; 50' Grade Breaks 0.1' Vertical & Stake &s:25' Horizontal Fence RP +Marker ~ 200' on tangents, ~ 50' on curves when N/A 0.1' Horizontal Stake R:::: 1 000' & 25' on curves when R~ 1 000' (constant offset) Rough Grade Cuts RP +Marker ~50' N/A 0.1' Vertical & or Fills;::: 10m Stake Horizontal (33') Final Grade RP +Marker ~ 50' on tangents & curves when R:::: 1 000' & ~22' 3fs" Horizontal & 114'' (includes top of: Stake, Blue-~ 25' on curves when R ~ 1 000' Vertical Basement soil, top in grading subbase and area base) Asphalt Pavement RP, paint on ::;; 25' or as per the intersection grid points edge of 3fs" Horizontal & 1/4" Finish Course previous shown on the plan whichever provides the pavement, Vertical course denser information paving pass width, crown line & grade breaks Drainage RP +Marker intervisible & ~ 25', beginning and end, BC & as appropriate 3fs" Horizontal & 1/4' Structures, Pipes Stake EC of facilities, Grade breaks, Alignment Vertical & similar breaks, Junctions, Inlets & similar facilities, FacilitiesCD, 0 ('\ f' Revised 11/24/1 0 Contract No. 6604 and 6024 Page 63 of 177 Feature Staked Stake Centerline or Parallel to Centerline Lateral Setting Tolerance Description Spacing®, <ID Spacing a>, <ID (Within) (bl Risers & similar facilities (except plumbing), Skewed cut-off lines Curb RP +Marker s 25', BC & EC, at %A, %A & %A on curb (constant 3fe" Horizontal & 114'' Stake returns & at beqinninq & end offset) Vertical Traffic Signal CD Vertical locations shall be based on the ultimate elevation of curb and sidewalk Signal Poles & RP +Marker at each pole & controller location as appropriate %" Horizontal & 114'' Controller CD Stake Vertical Junction Box CD RP +Marker at each junction box location as appropriate %" Horizontal & 114'' Stake Vertical Conduit CD RP +Marker s 50' on tangents & curves when R~ 1 000' & as appropriate %" Horizontal & when Stake s 25' on curves when R s 1 000' or where depth cannot be grade s 0.30% measured from existing pavement 114'' Vertical Minor Structure CD RP +Marker for catch basins: at centerline of box, ends of as appropriate %" Horizontal & 1/4'' Stake+ Line box & wings & at each end of the local Vertical (when vertical Stake depression G:l data needed) Abutment Fill RP +Marker s 50' & along end slopes & conic transitions as appropriate 0.1' Vertical & Stake+ Line Horizontal Stake Wall CD RP +Marker s 50' and at beginning & end of: each wall, BC as appropriate 114'' Horizontal & 1/4'' Stake+ Line & EC, layout line angle points, changes in Vertical Point +Guard footing dimensions &/or elevation & wall Stake heiqht Major Structure G:l Footings, Bents, RP +Marker 1 0' to 33' as required by the Engineer, BC & as appropriate 3fa" Horizontal & W' Abutments & Stake+ Line EC, transition points & at beginning & end. Vertical Wingwalls Point +Guard Elevation points on footings at bottom of Stake columns Superstructures RP 1 0' to 33' sufficient to use string lines, BC & as appropriate 3fa" Horizontal & W' EC, transition points & at beginning & end. Vertical Elevation points on footings at bottom of columns Miscellaneous G:l Contour Grading RP +Marker s50' along contour 0.1' Vertical & CD Stake line Horizontal Utilities CD, <V RP +Marker s 50' on tangents & curves when R~ 1 000' & as appropriate 3fs" Horizontal & 114'' Stake s 25' on curves when R s 1 000' or where Vertical qrade < 0.30% Channels, Dikes RP +Marker intervisible & s 100', BC & EC of facilities, as appropriate 0.1' Horizontal & 114'' & Ditches CD Stake Grade breaks, Alignment breaks, Junctions, Vertical Inlets & similar facilities Signs CD RP +Marker At sign location Line point 0.1' Vertical & Stake+ Line Horizontal Point +Guard Stake Subsurface RP +Marker intervisible & s 50', BC & EC of facilities, as appropriate 0.1' Horizontal & 114'' Drains CD Stake Grade breaks, Alignment breaks, Junctions, Vertical Inlets & similar facilities, Risers & similar facilities Overside Drains RP +Marker longitudinal location At beginning & 0.1' Horizontal & 1/4" CD Stake end Vertical Markers CD RP +Marker for asphalt street surfacing s 50' on tangents At marker 114'' Horizontal Stake & curves when R~ 1 000' & s 25' on curves location(s) when R < 1000'. Railings & RP +Marker At beginning & end and s 50' on tangents & at railing & %" Horizontal & Barriers CD Stake curves when R ~ 1 000' & s 25' on curves barrier Vertical when R s 1 000' location(s) 1\ •;;' Revised 11/24/10 Contract No. 6604 and 6024 Page 64 of 177 Feature Staked Stake Centerline or Parallel to Centerline Lateral Setting Tolerance Description Spacing®,® Spacing <3>, ® (Within) <£> AC Dikes <D RP +Marker At beginning & end as appropriate 0.1' Horizontal & Stake Vertical Box Culverts 1 0' to 33' as required by the Engineer, BC & as appropriate 3/s" Horizontal & W' EC, transition points & at beginning & end. Vertical Elevation points on footinqs & at invert Pavement RP 200' on tangents, 50' on curves when at pavement 114'' Horizontal Markers<D R ~ 1000' & 25' on curves when R ~ 1000'. marker For PCC surfaced streets lane cold joints will location(s) suffice <D Staking for feature may be om1tted 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 G) Perpendicular to centerline. ® Some features are not necessarily parallel to centerline but are referenced thereto ~ Multi-plane surfaced features shall be staked so as to provide line & grade information for each plane of the feature ® ~ means greater than, or equal to, the number following the symbol. ~ means less than, or equal to, the number following the symbol. 0 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(8) TABLE 2-9.2.2(8) urvey a e o or o e or ons rue 1on a mg S St ~ C I C d f C t f St k" Type of Stake Description Color* Horizontal Control Coordinated control points, control lines, control reference points, centerline, White/Red aliqnments, etc. Vertical Control Bench marks White/Orange Clearinq Limits of clearing Yellow/Black Grading Slope, intermediate slope, abutment fill, rough grade, contour grading, final Yellow grade, etc. Structure Bridges, sound and retaining walls, box culverts, etc. White Drainage, Sewer, Curb Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm Blue drains, slope protection, curbs, gutters, etc. Right-of-Way Fences, R/ W lines, easements, property monuments, etc. White/Yellow Miscellaneous Signs, railings, barriers, lighting, etc. Orange * Flaggmg and markmg cards, 1f used. 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.2.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made. Payment for the replacement of disturbed monuments and the filing of records of survey and/or corner records, including filing fees, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made. 2-9.3 Private Engineers. Surveying by private engineers on the Work shall conform to the quality and practice required by the Engineer. ·~ ~J Revised 11/24/1 0 Contract No. 6604 and 6024 Page 65 of 177 2-9.4 Line and Grade. All work shall conform to the lines, elevations, and grades shown on the Plans. Three consecutive points set on the same slope shall be used together so that any variation from a straight grade can be detected. Any such variation shall be reported to the Engineer. In the absence of such report, the Contractor shall be responsible for any error in the grade of the finished work. Grades for underground conduits will be set at the surface of the ground. The Contractor shall transfer them to the bottom of the trench. 2-10 AUTHORITY OF BOARD AND ENGINEER. The 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. l"l •+' Revised 11/24/1 0 Contract No. 6604 and 6024 Page 66 of 177 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. 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 Supplementa~ Agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are involved, shall provide for the Contractor's signature indicating acceptance. 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid quantity by more than 50 percent, payment will be made per Section 3-2.2.2 or 3- 2.2.3 as appropriate. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 3-2.4. 3-2.2.2 Increases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. {"\ •+' Revised 11/24/1 0 Contract No. 6604 and 6024 Page 67 of 177 3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement can not be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as otherwise specified in Sections 3-2.2.2 and 3-2.2.3. 3.2.4.1 Schedule of Values. Prior to construction, Contractor shall provide a schedule of values for all lump sum bid items that shall be used for the purpose of progress payments. The prices shall be valid for the purpose of change orders to the project. 3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material 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 Section 3-3. 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. 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 l' •+" Revised 11/24/1 0 Contract No. 6604 and 6024 Page 68 of 177 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 Section 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CAL TRANS, 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 rentai 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. (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 ., ~+' Revised 11/24/1 0 Contract No. 6604 and 6024 Page 69 of 177 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. l' • ., Revised 11/24/10 Contract No. 6604 and 6024 Page 70 of 177 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 Ill 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 City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. t' • ., Revised 11/24/10 Contract No. 6604 and 6024 Page 71 of 177 "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code Sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." By: ________________ Title: ____________ _ Date: __________________________ __ Company Name: ________________________________________________________ __ The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the 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. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the work. Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Construction Manager 3. Engineering Manager, Construction Management & Inspection 4. Public Works Director 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. 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. f.'\ • ., Revised 11/24/1 0 Contract No. 6604 and 6024 Page 72 of 177 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 201 04) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 1 0240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant., 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. l' • ., Revised 11 /24/1 0 Contract No. 6604 and 6024 Page 73 of 177 (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 91 0) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)( 1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.1 0) 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 {"\ •+' Revised 11/24/1 0 Contract No. 6604 and 6024 Page 7 4 of 177 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 1141.1 0) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3. SECTION 4 -CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the generally accepted standards. Material and work quality shall be subject to the Engineer's approval. Materials and work quality not conforming to the requirements of the Specifications shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so directed by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable notice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. Used or secondhand materials, parts, and equipment may be used only if permitted by the Specifications. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Contractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract. t' •tf Revised 11/24/10 Contract No. 6604 and 6024 Page 75 of 177 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 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, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to purchase materials, fabricated products, or equipment from sources located more than 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 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. 4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory services within 50 miles of the geographical limits of the Agency. For private contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the permittee. 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, l' •+' Revised 11/24/1 0 Contract No. 6604 and 6024 Page 76 of 177 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 Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications, Technical Specification, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. 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 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 . . , \.f' Revised 11/24/1 0 Contract No. 6604 and 6024 Page 77 of 177 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. 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 ., ~+' Revised 11/24/10 Contract No. 6604 and 6024 Page 78 of 177 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 val~dity, the cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the cooperative investigation concluded. Whenever the cooperative investigation is unable to reach resolution, the investigation may then either conclude without resolution or continue by written notification of one party to the other requesting the implementation of a resolution process by committee. The continuance of the investigation shall be contingent upon recipient's agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledgement, the investigation shall conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a continuance of the cooperative investigation and will re-consider all available information and if necessary gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using standard engineering principles and practices and to ensure public value, the committee may provide engineering recommendations as necessary. Unless 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 investigation 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. ·~ ~., Revised 11/24/1 0 Contract No. 6604 and 6024 Page 79 of 177 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in Section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which 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. I' •+" Revised 11/24/1 0 Contract No. 6604 and 6024 Page 80 of 177 Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless 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 Section 3-2.2.3 or 3-3. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in Section 5-1 . When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense: 1. Furnish and install a 2 inch cushion of expansion joint material or other similar resilient material; or 2. Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular space between the concrete and the utility; or 3. Provide other acceptable means to prevent embedment in or bonding to the concrete. 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 for manhole frame and cover sets to be brought to grade. Utilities which are relocated in order to avoid interference shall be protected in their position and the cost of such protection shall be included in the Bid for the items of work necessitating such relocation. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-2. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs. 1"\ • ., Revised 11/24/1 0 Contract No. 6604 and 6024 Page 81 of 177 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 Section 3-3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved in any such agreement. In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional compensation 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 Section 6-1. The Contractor shall notify the Engineer in writing of any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with Section 5-1 . The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing work correctly shown on the Plans. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. If the Contractor sustains loss due to delays attributable to interferences, relocations, or alterations not covered by Section 5-1, which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor's actual loss as was unavoidable and the Contractor may be granted an extension of time. -~ "\.,Revised 11/24/10 Contract No. 6604 and 6024 Page 82 of 177 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 five (5) calendar days after receipt of the "Notice to Proceed". On-site construction activities shall not be initiated until after September 1 (the bird breeding season). 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per Section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. 6-1.1.1 Construction Schedule. After notification of award of the Contract and prior to start of any work, the Contractor shall submit its proposed construction schedule to the Engineer for approval. The construction schedule shall be in the form of a tabulation, chart, or graph and shall be in sufficient detail to show chronological relationship of all activities of the Work. These include, but are not limited to: estimated starting and completion dates of various activities, submission of submittals per 2-5.3, procurement of materials and scheduling of equipment. Then construction schedule shall incorporate the requirements of 5-5 and reflect completion of the Work within the specified Contract time and in conformance with the Contract Documents. If the Contractor desires to make a major change in the method of operations after commencing construction, or if the schedule fails to reflect the actual progress, the Contractor shall submit to the Engineer a revised construction schedule in advance of beginning revised operations. The Engineer may waive these requirements for work constructed under a permit. 6-1.2 Commencement of the Work. Unless otherwise specified in the Special Provisions, the Contract time shall commence upon the date of issuance of the Notice to Proceed. The Work shall start within five {5) days thereafter, and be diligently prosecuted to completion within the Contract time .. l' •+' Revised 11/24/1 0 Contract No. 6604 and 6024 Page 83 of 177 6-1.2.1 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 Construction Schedule shall include between 50 and 1 00 activities, including submittals, interfaces between utility companies and other agencies, project milestones, permit work restrictions and equipment and material deliveries. The number of activities will be sufficient, in the judgment of the 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. 6-1.2.2 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 Construction Schedule within 15 working days of submittal. 6-1.3 Bar Chart. A three week look ahead schedule shall be provided at the weekly construction meeting and the update will include a bar chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The weekly look ahead schedule shall use differing texture patterns or distinctive line types to show the critical path. 6-1.4 Measurement and Payment. Measurement and Payment. Construction Schedule will be paid for at the stipulated lump sum price of five thousand dollars ($5,000.00). 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 6-1.4.1 through 6-1.4. 3. 6-1.4.1 Initial Payment. Two thousand five hundred dollars ($2,500.00) of the stipulated lump sum bid for the Construction Schedule will be made when the Engineer has accepted a Construction Schedule for this project 6-1.4.2 Monthly Updated Construction Schedule Payments. Monthly Updated Construction Schedule Payments of five hundred dollars ($500.00) will be made subsequent to the initial payment for the Construction Schedule for each monthly Construction Schedule, updated as (' fl Revised 11/24/1 0 Contract No. 6604 and 6024 Page 84 of 177 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 "No Exceptions taken" 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. 6-1.4.3 Concluding Payment. A Final payment of one thousand five hundred dollars ($1 ,000.00) 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. 6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project Meetings. The Contractor's Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under Section 7-6, "The Contractor's Representative". No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3. 6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of archaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by the Engineer. Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of Section 6-6. 6-4 DEFAULT BY CONTRACTOR. If the Contractor ~ails 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. ., ~., Revised 11/24/1 0 Contract No. 6604 and 6024 Page 85 of 177 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 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. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law. 6-5 TERMINATION OF CONTRACT. The 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. l'\ •f" Revised 11/24/10 Contract No. 6604 and 6024 Page 86 of 177 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 ~he best interests of the Agency. The Contractor will not be entitled to damages or additional payment due to such delays, except as provided in Section 6-6.3. If delays beyond the Contractor's control are caused solely by ac~ion or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling 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. 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 Contractm has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7 TIME OF COMPLETION. 6-7.1 General. The Contractor shall complete the Work within the time set forth in the Contract. The Contractor shall complete each portion of the Work within such time as set forth in the Contract for such portion. The time of completion of the Contract shall be expressed in working days. The Contractor shall diligently prosecute the work to completion within ninety (90) 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 in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1. Saturday, 2. Sunday, 3. any day designated as a holiday by the Agency, 4. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor 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 percent of the normal work force for cause as defined in Section 6-6.1. I'\ •t' Revised 11/24/10 Contract No. 6604 and 6024 Page 87 of 177 Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. No work involving construction activities shall be performed by the contractor between February 15 and September 1 (the bird breeding season). The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule required by Section 6.1. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section. 6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. 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 satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. 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. •'\ \..,-Revised 11/24/1 0 Contract No. 6604 and 6024 Page 88 of 177 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 Section 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of seven hundred fifty Dollars ($750) 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 seven hundred fifty dollars ($750) per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency 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 laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, 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 ·~ \.J Revised 11/24/1 0 Contract No. 6604 and 6024 Page 89 of 177 nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. 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. Insurance shall be required as specified in section 10 of the Public Works Contract. The cost of this insurance shall be included in the Contractor's Bid. 7-4 WORKERS' COMPENSATION INSURANCE. Before execution of the Contract by the 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 equity occasioned by failure of the Contractor to comply with this paragraph. All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance 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 ~ • ., Revised 11/24/1 0 Contract No. 6604 and 6024 Page 90 of 177 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 Appendix '/J\ of these supplemental provisions. Resource agency permits pertaining to this project include: 1) California Department of Fish and Game permit number 1600-2010-0315-125 issued on January 5, 2011. 2) California Water Quality Control Board Clean Water act section 401 Water Certification No. 1 OC-093 issued on March 6, 2014. 3) City of Carlsbad Habitat Management Plan Permit HMP09-03 issued on December 7, 2009. 4) Department of the Army Nationwide Permit Verification File No. SPL-201 0-00490-PJB. 7-5.2 Resource Agency Permits Conditions. The permit including the project specific conditions of approval are available in the Appendices. Conditions off particular note are noted below: 7-5.2.1 California Department of Fish and Game permit number 1600-2010-0315-125 issued on January 5, 2011. This permit does not have any conditions. 7-5.2.2 California Water Quality Control Board Clean Water act section 401 Water Certification No. 1 OC-093 issued on March 6, 2014. II. G. Certification Distribution Posting. During Project construction, the Applicant must maintain a copy of this Certification at the Project site. This Certification must be available at all times to site personnel and agencies. A copy of this Certification shall also be provided to any contractor or subcontractor performing construction work, and the copy shall remain in their possession at the Project site. II. H. Inspection and Entry. The Applicant must allow the San Diego Water Board or the State Water Resources Control Board, and/or their authorized representative(s} (including an authorized contractor acting as their representative}, upon the presentation of credentials and other documents as may be required under law, to: 1. Enter upon the Project or Compensatory Mitigation site(s) premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this Certification; 2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this Certification; 3. Inspect, at reasonable times, any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this Certification; and 4. Sample or monitor, at reasonable times, for the purposes of assuring Certification compliance, or as otherwise authorized by the Clean Water Act or Water Code, any substances or parameters at any location. -~ ~., Revised 11/24/1 0 Contract No. 6604 and 6024 Page 91 of 177 11. I. Enforcement Notification. 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 Ill. CONISTRUCTION BEST MANAGEMENT PRACTICES. III.A. Approvals to Commence Construction. The Applicant shall not comment Project construction until all necessary federal, state, and local approvals are obtained. III.B. Personnel Education. Prior to the start of the Project, and annually thereafter, the Applicant must educate all personnel on the requirements in this Certification, pollution prevention measures, spill response measures, and BMP implementation and maintenance measures. Ill. C. Spill Containment Materials. The Applicant must, at all times, maintain appropriate types and sufficient quantities of materials on-site to contain any spill or inadvertent release of materials that may cause a condition of pollution or nuisance if the materials reach waters of the United States and/or State. Ill. D. General Construction Storm Water Permit. Prior to start of project construction, the Applicant must, as applicable, obtain coverage under, and comply with, the requirements of State Water Resources Control Board Water Quality Order No. 2009-0009-DWQ, the General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activity, (General Construction Storm Water Permit) and any reissuance. If Project construction activities do not require coverage under the General Construction Storm Water Permit, the Applicant must develop and implement a runoff management plan (or equivalent construction BMP plan) to prevent the discharge of sediment and other pollutants during construction activities. Ill. E. Waste Management. The Applicant must properly manage, store, treat, and dispose of wastes in accordance with applicable federal, state, and local laws and regulations. Waste management shall be implemented to avoid or minimize exposure of wastes to precipitation or storm water runoff. The storage, handling, treatment, or disposal of waste shall not create conditions of pollution, contamination or nuisance as defined in Water Code section 13050. Upon Project completion, all Project generated debris, building materials, excess material, waste, and trash shall be removed from the Project site(s) for disposal at an authorized landfill or other disposal site in compliance with federal, state and local laws and regulations. Ill. F. Waste Management. Except for a discharge permitted under this Certification, the dumping, deposition, or discharge of trash, rubbish, unset cement or asphalt, concrete, grout, damaged concrete or asphalt, concrete or asphalt spoils, wash water, organic or earthen material, steel, sawdust or other construction debris waste from Project activities directly into waters of the United States and or State, or adjacent to such waters in any manner which may permit its being transpo1rted into the waters, is prohibited. Ill. G. Downstream Erosion. Discharges of concentrated flow during construction or after Project completion must not cause downstream erosion or damage to properties or stream habitat. ('\ 'IF Revised 11/24/1 0 Contract No. 6604 and 6024 Page 92 of 1 77 Ill. H. Construction Equipment. All equipment must be washed prior to transport to the Project site and must be free of sediment, debris, and foreign matter. All equipment used in direct contact with surface water shall be steam cleaned prior to use. All equipment using gall, oil hydraulic fluid, or other petroleum products shall be inspected for leaks prior to use and shall be monitored for leakage. Stationary equipment (e.g., motors, pumps, generator, etc.) shall be positioned over drip pans or other types of containment. Ill. I. Process Water. Water containing mud, silt, or other pollutants from equipment washing or other activities, must not be discharged to w~ters of the United States and/or State or placed in locations that may be subjected to storm water runoff flows. Pollutants discharged to areas within a stream diversion must be removed at the end of each work day or sooner if rain is predicted. Ill. J. Surface Water Diversion. All surface waters, including ponded waters, must be diverted away from areas of active grading, construction, excavation, vegetation removal, and/or any other activity which may result in a discharge to the receiving water. Diversion activities must not result in the degradation of beneficial uses or exceedance of the receiving water quality objectives. Any temporary dam or other artificial obstruction constructed must only be built from materials such as clean gravel which will cause little or no siltation. Normal flows must be restored to the affected stream immediately upon completion of work at that location. Ill. K. Re-vegetation and Stabilization. All areas that have 14 or more days of inactivity must be stabilized within 14 days of the last activity. The Applicant shall implement and maintain BMPs to prevent erosion of the rough graded areas. After completion of grading, all areas must be re- vegetated with native species appropriate for the area. The re-vegetation palette must not contain any plants listed don the California Invasive Plant Council Invasive Plant Inventory, which can be accessed at http://www.cal-icp.org/ip/inventory/weedlist.php. Ill. L. Hazardous Materials. Except as authorized by this Certification, substances hazardous to aquatic life including, but not limited to, petroleum products, unused cement/concrete, asphalt, and coating materials, must be prevented from contaminating the soil and/or entering waters of the United States and/or State. BMPs must be implemented to prevent such discharges during each Project activity involving hazardous materials. Ill. M. Vegetation Removal. Removal of vegetation must occur by hand, mechanically, or through application of United States Environmental Protection Agency (USEPA) approved herbicides deployed using applicable BMPs to minimize adverse effect to beneficial uses of waters of the United States and/or State. Discharges related to the application of aquatic pesticides within waters of the United States must be done in compliance with State Water Resources Control Board Water Quality Order NO. 2001-0009-DWQ, the Statewide General National Pollution Discharge Elimination System Permit for the Discharge of Aquatic Weed Control in Waters of the United States, and any subsequent reissuance as applicable. Ill. N. Limits of Disturbance. The Applicant shall clearly define the limits of Project disturbance to waters of the United States and/or State using highly visible markers such as flag markers, construction fencing, or silt barriers prior to commencement of Project construction activities within those areas. Ill. 0. Beneficial Use Protection. The Applicant must take all necessary measures to protect the beneficial uses of waters of San Marcos Creek and its tributaries. The Certification requires compliance with all applicable requirements of the Basin Plan. If at any time, an unauthorized 1"\ • ., Revised 11/24/1 0 Contract No. 6604 and 6024 Page 93 of 177 dischar9e to surface waters (including rivers or streams) occurs or monitoring indicates that the Project is violating, or threatens to violate, water quality objectives, the associated Project activities shall cease immediately and the San Diego Water Board shall be notified in accordance with Notification Requirement VILA of this Certification. Associated Project activities may not resume without approval from the San Diego Water Board. NOTIFICATION REQUIREMENTS. VII. A. Twenty Four Hour Non-Compliance Reporting. The Applicant shall report any non- compliance which may endanger health or the environment. Any such information shall be provided orally to the San Diego Water Board within 24 hours from the time the Applicant becomes aware of the circumstances. A written submission shall also be provided within five days of the time the Applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected; the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance. The San Diego Water Board, or an authorized representative, may waive the written report on a case-by-case basis if the oral report has been received within 24 hours. VII. B. Hazardous Substance Discharge. Except for a discharge which is in compliance with this Certification, any person who, without regard to intent or negligence, causes or permits any hazardous substance or sewage to be discharged in or on any waters of the State, shall as soon as (a) that person has knowledge of the discharge, (b) notification is possible, and (c) notification can be provided without substantially impeding cleanup or other emergency measures, immediately notify the City Carlsbad, in accordance with California Health and Safety Code section 5411.5 and the California Office of Emergency Services of the discharge in accordance with the spill reporting provision of the State toxic disaster contingency plan adopted pursuant to Government Code Title 2, Division 1, Chapter 7, Article 3.7 (commencing with section 8574.17), and immediately notify the State Water Board or the San Diego Water Board of the discharge. This provision does not require reporting of any discharge of less than a reportable quantity as provided for under subdivisions (f) and (g) of section 13271 of the Water Code unless the Applicant is in violation of a Basin Plan prohibition. VII. C. Oil or Petroleum Product Discharge. Except for a discharge which is in compliance with this Certification, any person who without regard to intent or negligence, causes or permits any oil or petroleum product to be discharge in or on any waters of the State, or discharged or deposited where it is, or probably will be, discharged in or on any waters of the State, shall, as soon as (a) such person has knowledge of the discharge, (b) notification is possible, and (c) notification can be provided without substantially impeding cleanup or other emergency measures, immediately notify the California Office of Emergency Services of the discharge in accordance with the spill reporting provision of the State oil spill contingency plan adopted pursuant to Government Code Title 2, Division 1, Chapter 7, Article 3.7 (commencing with section 857 4.1 ). This requirement does not require reporting of any discharge of less than 42 gallons unless the discharge is also required to be reported pursuant to Clean Water Act section 311 or the discharge is in violation of a Basin Plan prohibition. VII. D. Anticipated Noncompliance. The Applicant shall give advance notice to the San Diego Water Board of any planned changes in the Project or the Compensatory Mitigation project which may result in noncompliance with Certification conditions or requirements . . , ~+' Revised 11 /24/1 0 Contract No. 6604 and 6024 Page 94 of 177 VII. F. Discharge Commencement. The Applicant must notify the San Diego Water Board in writing at least 5 days prior to the start of Project construction. 7-2.5.3 City of Carlsbad Habitat Management Plan Permit HMIP09-03 issued on December 7, 2009. The HMP09-03 requires compliance with the project Mitigation and Monitoring Plan which have the following relevant conditions of approval: BIO -1 Implementation of construction, clearing of vegetation, or project maintenance within the project impact footprint shall occur outside the breeding season (February 15 through September 15). The USFWS will be notified at least seven days before clearing and grubbing begins. During construction conducted outside the breeding season, a qualified biologist shall walk the area directly ahead of construction equipment to flush birds from the area. The biologist will immediately report to the USFWS the number and location of any federally listed birds disturbed by clearing and grubbing. No gnatcatchers will be injured or killed. If construction, clearing of vegetation, or maintenance must commence during breeding season, then the City shall have a qualified biologist conduct a preconstruction survey for nesting birds, including raptors, within three days of construction. Should nesting birds be detected within 100 feet of the project impact footprint, the USFWS will be notified immediately of any federally listed species that are located during the preconstruction survey. A qualified biologist shall then establish suitable buffer area (at least 300 feet) within which no construction activity may take place until the nest is no longer active. Alternatively, the City can conduct surveys for coastal California gnatcatcher to determine presence during the breeding season as described below. Work may be allowed if no gnatcatchers are present. If construction or maintenance activities are necessary during the breeding season, a qualified biologist will conduct a focused species coastal California gnatcatcher survey in appropriate habitat within and surrounding the project area. The surveys will consist of three visits, one week apart; the last of these will be conducted no more than three days prior to construction or maintenance, as required by the Guidelines for Biological Studies (City of Carlsbad 2008). During the breeding season, construction noise shall be monitored regularly to maintain a threshold at or below 60 dBA hourly Leq within 300 feet of breeding habitat occupied by listed species. If noise levels supersede the threshold, the construction array will be changed or noise attenuation measures will be implemented, as recommended in the Guidelines for Biological Studies (City of Carlsbad 2008). CUL - 2 Monitoring Requirements -Construction monitoring will be required for proposed components that involve excavation or grading within undisturbed native soils and could potentially impact subsurface cultural deposits. a) Prior to the first preconstruction meeting torr the project, the Planning Director (PO) shall verify that the requirements for archaeological monitoring and Native American monitoring, if applicable, have been noted on the appropriate construction documents. The applicant shall retain a qualified archaeologist to verify that a records search has been completed and updated, as necessary, and to implement the monitoring program. At the preconstruction meeting, the archaeologist shall submit to the PO a copy of the site/grading plan that identifies areas to be monitored. b) The qualified archaeologist shall be present full-time during grading/excavation of native soils with the potential to contain buried cultural features or deposits and shall document activity via the Consultant Monitor Record. It is the construction manager's responsibility to keep the archaeological monitors up-to-date with current plans. !1"- "'-., Revised 11/24/10 Contract No. 6604 and 6024 Page 95 of 177 c) In the event of a discovery, the archaeologist, or the Principal Investigator (PI) if the monitor is not qualified as a PI, shall divert, direct, or temporarily halt ground-disturbing activities in the area of the discovery to allow for preliminary evaluation of potentially significant archaeological resources. The PI shall also immediately notify the construction manager and the PD of such findings at the time of discovery. 1) The significance of the discovered resources shall be assessed by the Pl. For significant archaeological resources, a Research Design and Data Recovery Program shall be prepared and implemented by the qualified archaeologist. The results of the Research Design and Data Recovery Program shall be approved by the City before ground-disturbing activities in the area of discovery shall be allowed to resume. d) If human remains are discovered, work shall halt in that area and procedures set forth in the California Public Resources Code (Sec. 5097.98) and State Health and Safety Code (Sec. 7050.5) shall be implemented. Construction in that area shall not resume until the remains have been evaluated and conveyed to appropriate descendants or reinterred to the satisfaction of the Pl. e) The archaeologist shall notify the PD, in writing, of the end date of monitoring. The archaeologist shall be responsible for ensuring that all cultural remains collected are cleaned, catalogued, and permanently curated with an appropriate institution; that a letter of acceptance from the curation institution has been submitted to the Planning Department; that all artifacts are analyzed to identify function and chronology as they relate to the history of the area; that faunal material is identified as to species; and that specialty studies are completed, as appropriate. f) Within 3 months following the completion of monitoring, the Draft Results Report (even if negative) and/or evaluation report, if applicable, which describes the results, analysis, and conclusions of the Archaeological Monitoring Program (with appropriate graphics) shall be submitted to the PD for approval. For significant archaeological resources encountered during monitoring, the Research Design and Data Recovery Program shall be included as part of the Draft Results Report. The qualified archaeologist shall be responsible for recording (on the appropriate State of California Department of Park and Recreation forms-DPR 523 A/B) any significant or potentially significant resources encountered during the Archaeological Monitoring Program, and submitting such forms to the SCIC with the Final Results Report. 7-5.2.4 Department of the Army Nationwide Permit Verification File No. SPL-201 0-00490- PJB. Construction 5. The permittee shall ensure that all construction materials, staging, storage, dispensing, furling, and maintenance activities are located in upland areas outside Corps jurisdiction, and that adequate measures are taken to prevent any potential runoff from entering waters of the U.S. No staging or lay-down areas are permitted in wetlands or waters of the U.S. Such impacts could result in permit suspension and revocation, administrative, civil or criminal penalties, and/or substantial, additional, compensatory mitigation requirements. 6.The permittee shall install silt fences and/or sediment barriers and/or use other appropriate measures to trap eroded sediments on-site and to divert runoff around disturbed soils. These measures shall also be placed along the tops and toes of slopes of access roads to prevent silt from discharging into waters of the U.S. {'\ • ., Revised 11/24/1 0 Contract No. 6604 and 6024 Page 96 of 177 7. No debris, sand, silt, trash, concrete or washings thereof, oil or other petroleum products or washings thereof, or other foreign materials shall be allowed to enter or be placed where it may be washed by rainfall or runoff waters into waters of the U.S. Upon project completion, any -d all excess construction materials, debris, and/or other excess project materials shall be removed to an approved upland disposal site. Cultural Resources 14. 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 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 Regulatory Division re-authorizes project construction, per 36 C.F.R. section 800.13. Nationwide Permit General Conditions 9. Management of Water Flows. To the maximum extent practicable, the pre-construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization and storm water management activities, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre-construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities). 11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. 12. 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. 13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The affected areas must be revegetated, as appropriate. 14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity-specific conditions added by the district engineer to an NWP authorization. 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 1"\ •+' Revised 11/24/1 0 Contract No. 6604 and 6024 Page 97 of 177 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. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall furnish and operate a self- loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. '{'\ •+' Revised i 1/24/1 0 Contract No. 6604 and 6024 Page 98 of 177 Excess excavation material from catch basins or similar structures shaH 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 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. l"\ • ., Revised 11/24/10 Contract No. 6604 and 6024 Page 99 of 177 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. 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. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall be done in conformance with 307-1.5. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor's operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. 7-10 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. (' fl Revised 11/24/1 0 Contract No. 6604 and 6024 Page 100 of 177 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 Contractm 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 •"\ ~., Revised 11/24/10 Contract No. 6604 and 6024 Page 101 of 177 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 65 lb. card stock. The printing on the notice shall be no smaller than 12 point. An example of such notice is provided in Appendix "A". In addition to the notifications, the contractor shall post no parking signs 72 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 72 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 72 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. The contractor shall replace all street markings and striping damaged by construction activities. The Contractor shall include in its Bid all costs for the above requirements. 7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways for more than 5 days after unloading. All materials or equipment not installed or used in construction within 5 days after unloading shall be stored elsewhere by the Contractor at its expense unless authorized additional storage time. Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless 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) Carlsbad Fire Department Dispatch ............................................... . 2) Carlsbad Police Department Dispatch ............................................ . 3) Carlsbad Traffic Signals Maintenance ............................................ . 4) Carlsbad Traffic Signals Operations .............................................. . -~ "\.1 Revised 11/24/1 0 Contract No. 6604 and 6024 (760) 931-2197 (760) 931-2197 (760) 602-2730 (760) 602-2730 Page 102 of 177 5} North County Transit District ......................................................... . 6} Waste Management ....................................................................... . (760} 967-2828 (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 1) through, and including, 6) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. The Contractor shall secure approval, in advance, from authorities concerned for the use of any bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit, with signs and posting conforming to current requirements covering "signs" as set forth in the Traffic Manual published by the California Department of Transportation. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required. All costs involved shall be included in the Bid. Traffic controls shall be in accordance with the plans, The California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and these provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of Section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of Section 214-5.1.et seq. All temporary reflective channe~izers shall conform to the provisions of Section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of Section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to Section 210-1.6 for materials and Section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in Section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CAL TRANS "Standard Specifications", except the sleeves shall be 1'\ • ., Revised 11/24/1 0 Contract No. 6604 and 6024 Page 103 of 177 7" long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any Section closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 6' of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 25' intervals to a point not less than 25' past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A W20-1 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer. 7-10.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer than 1.8 m (6'), nor operate equipment within 0.6 m (2') from any traffic lane occupied by traffic. For equipment the minimum acceptable shy distance, 0.6 m (2') shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Engineer has given written authorization to the reduction in clearance that is specific to the time, duration and location of such waiver, when such reduction is shown on the traffic control plans included in these contract documents, when such reduction is shown on the traffic control plans prepared by the Contractor and approved by the Engineer or for the work of installing, maintaining and removing traffic control devices. As a condition of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers. During the entire construction, a minimum of one (1) paved traffic lane, not less than 12' wide, shall be open for use by public traffic in each direction of travel. 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and provisions under "Maintaining Traffic" elsewhere in these Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. 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. 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. 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 the California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) published by CAL TRANS. 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 {'\ • ., Revised 11/24/10 Contract No. 6604 and 6024 Page 104 of 177 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. 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 sheet 6 of Drawing 455-5 of the contract documents or substitute TCP to further its own interests. Such substitution shall be prepared in type and kind as sheet 6 of Drawing 455-5. Contractor shall submit a TCP for La Costa Avenue Slope Repair project. Such modifications, supplements and/or new design of TCP shall meet the requirements of the Engineer and the California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) as published by CAL TRANS. 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. 1\ • ., Revised 11/24/10 Contract No. 6604 and 6024 Page 105 of 177 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 provide traffic control at the contract lump sum price bid. The contract lump sum price paid for "traffic control" shall include full compensation for furnishing all labor (including flagging costs), materials (including signs), tools, equipment and incidentals, and for doing all the work involved in preparation, reproduction and changing of traffic control plans, placing, applying traffic stripes and pavement markers with bituminous adhesive, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the plans and approved additions and modifications, as specified in these supplemental provisions, and as directed by the Engineer. All expenses and time to prepare and review modifications, additions, supplements and/or new TCP designs shall be included in the lump sum bid for traffic control and no additional payment will be made therefore. Flagging costs will be paid for as a part of the Lump Sum Amount for "Traffic Control." The cost of labor and material for portable concrete barriers will be paid for at the unit price bid. When there is no bid item the cost of labor and material for portable concrete barriers they will be paid as an incidental to the work being performed and no additional payment will be made therefore. Progress payments for "Traffic Control" will be based on the percentage of the improvement work completed. 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. 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. l' •+' Revised 11/24/1 0 Contract No. 6604 and 6024 Page 106 of 177 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 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. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and 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 ..... f.., Revised 11/24/10 Contract No. 6604 and 6024 Page 107 of 177 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." SECTION 8-FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL. Field office for agency personnel is not required. SECTION 9-MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. {'\ •+' Revised 11/24/1 0 Contract No. 6604 and 6024 Page 108 of 177 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 Section 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. 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. (' 'if Revised 11/24/1 0 Contract No. 6604 and 6024 Page 1 09 of 1 77 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 Section 6- 10. Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion." If, within the time fixed by law, a 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 these General Provisions. Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (1 0) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper •""\ ~+'Revised 11/24/10 Contract No. 6604 and 6024 Page 11 0 of 177 payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. From each progress estimate, 10 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from remaining progress estimates and from the final estimate may be limited to $500 or 10 percent o~ 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 docume111tation 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 Section 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to 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. 1\ •+' Revised 11/24/1 0 Contract No. 6604 and 6024 Page 111 of 177 9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written statement required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in Section 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including Sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Section 3-5, Disputed Work, for those claims remaining in dispute. 9-3.3 Delivered Materials. When provided for in the Specifications, and subject to the limitation and conditions therein, the cost of materials and equipment delivered but not incorporated into the Work will be included in the progress estimate. 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. 9-3.4 Mobilization. When a bid item is included in the Proposal form for mobilization and subject to the conditions and limitations in the Specifications, the costs of work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no such bid item is provided, payment for such costs will be considered to be included in the other items of work. 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be made at the stipulated lump-sum price bid therefore in the bid schedule and shall not exceed 10% of the total bid 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 oft 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. "-' • ., Revised 11/24/1 0 Contract No. 6604 and 6024 Page 112 of 177 Progress payments for Mobilization and Preparatory Work will be made as follows: For the first progress payment (after the issuance of the Notice to Proceed), forty percent (40%) of the amount bid for Mobilization And Preparatory Work win 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. 9-4 BID ITEMS. Payment for each Bid Item shall be made at the quantity and type as listed in the Contractor's Proposal. All work shown or mentioned on the plans, in the Contract Documents, General Provisions, or Technical Provisions/Specifications shall be considered as included in the Bid Items. Contractor must protect existing utilities, improvements, landscaping, irrigation systems, and vegetation in place. If damaged during the work, Contractor is responsible to repair or replace any utilities, improvements, landscaping, irrigation systems, and vegetation at his expense. Bid Schedule A-shared Improvements: Mobilization (Bid Item No. A-1) Lump Sum Mobilization shall consist of all preparatory work and operations which must be performed or costs incurred prior to beginning work on the various Contract items on all project sites. Mobilization shall include but not be limited to the following items: 1. Obtaining and paying for all required Bonds, Insurance Policies (including premiums and incidentals), and Permits (including Caltrans Duplicate Encroachment Permit). 2. Submittal of required construction schedule(s). 3. Establishment of all offices, buildings, construction yards, sanitary facilities, and any other facilities necessary for work at all project sites. 4. Posting all OSHA required notices and establishment of safety programs. 5. Posting all Department of Labor required notice, regulations and prevailing wages. 6. The movement of personnel, equipment, supplies, and incidentals to all project sites. 7. Developing and installing construction water supply. 8. Notification of residents and businesses No additional compensation will be allowed for additional mobilizations required, including but not limited to delays caused by the relocation of existing utility facilities shown on the Plans or discovered during construction operations. The deletion of work or the addition of extra work as provided for herein shall be reflected in Contract Change Orders, and shall not affect the price paid for "Initial Mobilization." Payment for "Mobilization" will be made at the lump allowance named in the Bid Schedule, which price shall constitute full compensation for all such work. Payment for Initial Mobilization will be made as follows: The bid item for mobilization and related items shall not exceed fifteen percent (15%) of the total contract items. The deletion of work or the addition of extra work as provided for herein shall not affect the price paid for Mobilization. 1"\ • ., Revised 11/24/1 0 Contract No. 6604 and 6024 Page 113 of 177 The contract lump sum price paid for mobilization shall include full compensation for furnishing all labor, materials, tool, equipment, the cost of all bonds and insurance policies, and incidentals, and for doing the work involved in mobilization as specified herein. Construction Schedule (Bid Item A-2) lump Sum The stipulated price shall include full compensation for furnish the construction schedule per Section 6-1.8 of the General Provisions. The contract price paid shall be paid per Section 6 of the General Provisions. Water Pollution Control Including Daily Street Sweeping (WPCP) (Bid Item No. A-3) lump Sum The contract lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, for water pollution prevention including daily street sweeping during construction activities, control, and monitoring and for doing all the work throughout the duration of construction activities to keep the project in compliance with all local, state and federal regulations. Street sweeping equipment shall be vacuum style street sweepers and in no instances shall a bobcat sweeper be used at any time. The contract lump sum price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to prepare the plan and complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, and as directed by the Engineer and no additional compensation will be allowed therefor. Utility Relocations not Shown on Plans and as Required by Engineer per General Provisions Section 3-3 (Bid Item No A-4) Stipulated The contract stipulated lump sum amount of $1 0,000 shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in providing and installing utility relocations not shown on plans and as required by engineer. The contract stipulated lump sum price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in Per Section 3-3 Extra Work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Record Drawings (Bid Item No. A-5) lump Sum The contract lump sum price paid for record drawings require that 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 per section 2-5.3 Submittals within ten (10) days of completion of the work. Dewatering (Bid Item A-6) Stipulated The stipulated amount of $10,000 shall compensate the Contractor for dewatering as required by the Engineer. Dewatering for the construction of the items constructed with this contract are incidental to those items and are to be paid for by the bid item price. Compensation will be per Section 3-3 Extra Work and will be based on services performed that were not included in the original contract. Services may include and not be limited to furnish and maintain equipment and devices necessary to remove and maintain the project site free of groundwater in accordance with Section 306-1.1.8, plan details, and the contract documents. ,, fl Revised 11/24/1 0 Contract No. 6604 and 6024 Page 114 of 1 77 This includes, but is not limited to, furnishing all labor, materials, and equipment to dewater the pipeline trench during construction, prepare dewatering plan, pretreatment devices, and no additional compensation will be allowed therefor. Temporary Erosion Control (Bid Item A-7) Lump Sum The contract lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, for temporary erosion and water poliution prevention, control, and monitoring and for doing all the work throughout the duration of construction activities to keep the project in compliance with all local, state and federal regulations. Equipment shall be vacuum style street sweepers and in no instances shall a bobcat sweeper be used at any time. The contract lump sum price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Bid Schedule B -6604 Romeria Drainage Improvements: Clear and Grub (Bid Item No. B-1) Lump Sum The contract lump sum price paid for clearing and grubbing shall be made at the contract lump sum price for clearing and grubbing within the project limits and at stockpile locations and no other payments will be made. Unless otherwise noted on plans, the Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, (including all brow ditch splash wall and concrete headwalls) 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. Clear Water By-pass System (Bid Item B-2) Lump Sum The contract lump sum price for clear water by-pass system shall be made at the contract lump sum price for clear water by-pass system for this project and no other payments will be made. The contract lump sum price shall include and not be limited to submittal and acceptance of shop drawings and clear water by-pass procedure, maintenance and monitoring of system. The Contractor shall include furnishing all labor tools, equipment, and incidentals including excavation, assembly, placement (including the earthen berm), operation, removal and disposal of all materials. Install and Maintain Environmental Fence (Bid Item B-3) Linear Feet The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals for excavation, assembly, p~acements of environmental fence to delineate work zone as shown on the contract drawings. The contract unit price paid shall be considered full compensation for the initial fence installation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Contractor is responsible to maintain the environmental fence throughout the life. Contractor shall remove and dispose of environmental fence at completion of project. Construct Brow Ditch (Bid Item B-4) Linear Feet The contract unit price paid for this bid item shall constitute full compensation to furnish all labor, materials, tools, equipment, and incidentals, including dewatering, excavation, assembly, placement of bedding, backfill and compaction, and disposal of excess materials to construct brow ditch in accordance with SDRSD 0-75, Section 303-1, the detail on the plans and the contract documents. (' fF Revised 11/24/1 0 Contract No. 6604 and 6024 Page 115 of 177 This includes, but is not limited to, surveying, excavation, sawcutting, and removing and disposal of brow ditch, and no additional compensation will be allowed therefor. Remove and Replace Lined Channel (Bid Item B-5) Linear Feet. The contract unit price paid for this bid item shall constitute full compensation to furnish all labor, materials, tools, equipment, and incidentals, including dewatering, excavation, assembly, placement of bedding, backfill and compaction, and disposal of excess materials to construct brow ditch in accordance with SDRSD 0-70, Section 303-1, the details on the plans (including rock and geotextile), the geotechnical report and the contract documents. This includes, but is not limited to, surveying, excavation, sawcutting, and removing and disposal of concrete channel and up to 1 '1" of subsurface material (existing ditch is 3' thick, new ditch is 4" thick) installation of stabilizing layer of geotextile and rock forming, pouring, finishing new lined channel, and no additional compensation will be allowed therefor. Install Splash Wall (Height = 3', Length =65') (Bid Item B-6) Square Feet The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, including excavation, placement, backfill and compaction, and for doing all the work involved in constructing the splash wall as shown on the contract drawings. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Install Splash Wall (Height= 1', Length =4') (Bid Item B-7) Square Feet The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, including excavation, placement, backfill and compaction, and for doing all the work involved in constructing the splash wall as shown on the contract drawings. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Install Straight Headwall (Type A) (Bid Item B-8) Each The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, including excavation, placement, backfill and compaction, and for doing all the work involved in constructing a Type A straight headwall per SDRSD D-30 and D-61 as shown on the contract drawings. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Install Debris Barrier (Bid ltem-9) Each The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, including excavation, placement, backfill and compaction, and for doing all the work involved in constructing a debris barrier at STA 1 0+22.19 as shown on the contract drawings. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. ft "' Revised 11/24/1 0 Contract No. 6604 and 6024 Page 116 of 177 Install Rock Slope Protection (1/4 ton) (Bid Item B-1 0) Cubic Yard The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, including excavation, placement, backfill and compaction, and for doing all the work involved in constructing Y4 ton rock slope protection 2.7 feet deep on geotextile (Table 213-2.1 (A)) as shown on the contract drawings. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Install Maintenance Access Road Gate (Bid Item B-11) Each The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, including excavation, assembly, installation of footings, and disposal of excess materials and for doing all the work involved in constructing the access road gate as identified on the contract drawings. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. City will provide lock at end of project. Install Lined Ditch Cutoff Wall (Bid Item B-12) Each The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, including excavation, placement, backfill and compaction, forming and pouring and for doing all the work involved in constructing cutoff walls at the lined ditch in the two location where a brow ditch enters the lined channel as shown on the contract drawings. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. lnsta1118" RCP Storm Drain (Bid Item B-13) Linear Feet The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, including excavation, assembly, placement of bedding, backfill and compaction, and disposal of excess materials and for doing all the work involved in constructing the 18-inch RCP Storm Drains as identified on the contract drawings. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Install Gravelpave2 Maintenance Access Road and Pad (Bid Item B-14) Square Feet The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, including excavation, placement, installation of 3' section including and not limited to geotextile, backfill and compaction of base material, installation of filter fabric, installation of Gravelpave2 (or approved equal) unit and for doing all the work involved in constructing Gravelpave2 (or approved equal) section as shown on the contract drawings. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Imported Borrow (Maintenance Access Road) (Bid Item B-15) Cubic Yards The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in providing and placing imported 1'\ •+' Revised 11/24/1 0 Contract No. 6604 and 6024 Page 117 of 177 borrow material, compacting and grading within the area to receive maintenance access road. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Construct Brow Ditch to Lined Channel Confluence (Bid Item B-16) Each The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, including excavation, placement, backfill and compaction, forming and pouring and for doing all the work involved in constructing brow ditch confluence with the lined ditch in the two location where a brow ditch enters the lined channel as shown on the contract drawings. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Construct Brow Ditch Confluence (with splash wall) (Bid Item B-17) Each The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, including excavation, placement, backfill and compaction, forming and pouring and for doing all the work involved in constructing the brow ditch confluence (with splash wall Bid Item B-7) as shown on the contract drawings. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Install Excavation Bottom Stabilization Layer and all incidentals (Including Excavation) (Bid Item B-18) Cubic Yard The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in providing and placing stabilizing layer for lined channel replacement , including all labor, materials, tools, equipment, and incidentals including excavation, placement, compacting for doing all work involved constructing the Excavation Bottom Stabilizing Layer. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Install Bonded Fiber Matrix (BFM) (including surface preparation) (Bid Item B-19) Square Feet The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, including rip surface to receive BFM and placement of BFM in accordance with Section 02271 of the Technical Specifications and the contract drawings. The contract lump unit paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Temporary Traffic Control (Bid Item B-20) Lump Sum The contract lump sum price shall include providing complete traffic control including permits, providing traffic handling/stage construction, and furnishing, installing, maintaining traffic control during all stages of construction, removing traffic control devices when they are no longer needed, and temporary street striping. The contract lump sum price paid shall be considered full ., ~., Revised 11/24/1 0 Contract No. 6604 and 6024 Page 118 of 177 compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Unclassified Excavation exceed excavation called out on the plans for the channel, maintenance road and maintenance pad per Section 3-3 of the SSPWC (Bid Item B-21) Stipulated The contract stipulated price shall be paid per Section 3-3 SSPWC (Extra Work) when required by the Engineer and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in excavating and exporting all unsuitable, unused, or excess sub-base material from the site not to be reused including hauling and disposal fees. The contract stipulated price paid be paid per Section 3-3 SSPWC (Extra Work) shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions Section 300-2, Standard Specifications, plans and as directed by the Engineer. Bid Schedule C-6024 La Costa Avenue Slope Repair Install and Maintain Environmental Fence (Bid Item C-1) Linear Feet The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals for excavation, assembly, placements of environmental fence to delineate work zone as shown on the contract drawings. The contract unit price paid shall be considered full compensation for the initial fence installation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Contractor is responsible to maintain the environmental fence throughout the life. Contractor shall remove and dispose of environmental fence at completion of project. Clear and Grub (Bid item C-2) Lump Sum The contract lump sum price paid for clearing and grubbing shall be made at the contract lump sum price for clearing and grubbing within the project limits and at stockpile locations and no other payments will be made. Unless otherwise noted on plans, the Contractor shall remove all vegetation within the work zone. Payment for removal and disposal of all materials within the work zone shall be included in the lump-sum bid for Clearing and Grubbing, and no additional payment will be made. Remove Unsuitable Material (Unclassified Excavation and Export) (Bid Item C-3) Cubic Yard The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in excavating and exporting all unsuitable, unused material from the site including hauling and disposal fees. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions Section 300-2, Standard Specifications, plans and as directed by the Engineer. Imported Borrow (Bid Item C-4) Cubic Yard The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in providing and placing imported borrow material, compacting and grading within the area to receive maintenance access road. The contract unit price paid shall be considered full compensation for furnishing all materials, ..... ~., Revised 11/24/1 0 Contract No. 6604 and 6024 Page 119 of 177 labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Construct Sidewalk Underdrain (Bid Item C-5) Each The contract unit price paid for this bid item shall constitute full compensation to furnish and install sidewalk underdrain in accordance with Section 303, the detail on the plans and San Diego Regional Standard Drawing D-27, and the contract documents. This includes, but is not limited to, surveying, connections, excavation, forming, backfill, base material, compaction, sawcutting, and removing and replacing pavement adjacent to curb inlet, remove and replace curb and gutter and sidewalk, and no additional compensation will be allowed therefor. Construct Brow Ditch Confluence with Splash Wall (Bid item C-6) Linear Feet The contract lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, including excavation, placement, backfill and compaction, forming and pouring and for doing all the work involved in constructing the brow ditch confluence with splash wall as shown on the contract drawings. The contract lump sum price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Construct Brow Ditch (Bid Item C-7) Linear Feet The contract unit price paid for this bid item shall constitute full compensation to furnish all labor, materials, tools, equipment, and incidentals, including dewatering, excavation, assembly, placement of bedding, backfill and compaction, and disposal of excess materials to construct brow ditch in accordance with SDRSD D-75, Section 303-1, the detail on the plans and the contract documents. This includes, but is not limited to, suNeying, excavation, sawcutting, and removing and disposal of brow ditch, and no additional compensation will be allowed therefor. Install Backdrain, Tightline System and Tightline Inlet Structure (Bid Item C-8) Linear Feet The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, including dewatering, excavation, assembly, placement of bedding, backfill and compaction, and disposal of excess materials and for doing all the work involved in constructing the Backdrain Drain System (perforated pipe, burrito and tightline) and the tightline inlet structure as identified on the contract drawings. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Install Curb Outlet (Type A) (Bid Item C-9) Each The contract unit price paid for this bid item shall constitute full compensation to furnish and install Type A Curb Outlet in accordance with Section 303, the detail on the plans and San Diego Regional Standard Drawing D-25, M-2 and M-4 (locking manhole cover), and the contract documents. This includes, but is not limited to, surveying, connections, excavation, forming, backfill, base material, compaction, sawcutting, and removing and replacing pavement adjacent to curb inlet, remove and replace curb and gutter and sidewalk, and no additional compensation will be allowed therefor. Install Steepened Slope Reinforcement (Bid Item C-10) Square Yard The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, including dewatering, excavation, placement of geotextile, bedding, •"\ \.+" Revised 11/24/10 Contract No. 6604 and 6024 Page 120 of 177 backfill and compaction, and disposal of excess materials and for doing all the work involved in constructing the Steepened Slope Reinforcement as identified on the contract drawings. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Remove and Replace brow ditch and curb outfall in kind if required by Engineer (Bid Item C-11) Lump sum The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in demolishing, removing, disposing, and constructing the concrete brow ditch and curb outfall in kind as shown on the plans. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Remove and Replace Curb gutter in Kind (Bid Item C-12) Linear Feet. The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in demolishing, removing, disposing, and constructing the concrete curb and as shown on the plans to the nearest joint per SDRSD G-2. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Bonded Fiber Matrix (Bid Item C-13) Square Feet The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, including rip surface to receive BFM and placement of BFM in accordance with Section 02271 of the Technical Specifications and the contract drawings. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Install Splashwall (Height = 1 ', Length = 11 ') (Bid Item C-14) Square Feet The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, including excavation, placement, backfill and compaction, and for doing all the work involved in constructing the splash wall as shown on the contract drawings. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Remove and Replace Asphalt (Bid Item C-15) Square Feet The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, including prime coats, seal coats, compaction, and placement and for doing all the work involved in providing and installing asphalt pavement as directed by the Engineer. For bidding purposes assume the AC layer is 6". The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all 1"\ • ., Revised 11/24/10 Contract No. 6604 and 6024 Page 121 of 177 incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. -~ f.., Revised 11/24/10 Contract No. 6604 and 6024 Page 122 of 177 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 200-ROCK MATERIALS 200-1 ROCK PRODUCTS Add the following section: 200-1.2.2 Permeable Material. Permeable material shall consist of hard, durable, clean sand, gravel, or crushed stone, and shall be free from organic material, clay balls, or other deleterious substances. Class 1 and Class 2 permeable material shall have a Durability Index of not less than 40. Class 2 Permeable material shall have a Sand Equivalent value of not less than 75. Class 1 permeable material shall conform to the requirements in this section and Table 200-1.2.2(A). Class 2 permeable material shall conform to the requirements in this section and Table 200- 1.2.2(8). When permeable material is required and the class or kind is not specified, Class 1 permeable material shall be used. The alternative gradings within Class 1 permeable material are identified by types. Unless otherwise shown on the plans the Contractor will be permitted to furnish and place any one of the types provided for this class. The percentage composition by mass of permeable material in place shall conform to the gradings in Tables 200-1.2.2(A) and 200-1.2.2(8). Sieve Sizes 50-mm (2"} 37.5-mm (1 1/n 19-mm e;n 12.5-mm (lh'') 9.5-mm (%") 4.75-mm (No.4} 2.36-mm (No. 8} 75-llm (no. 200) Sieve Sizes 25-mm (1") 19-mm e;4"l 9.5-mm (%") 4.75-mm {No.4) 2.36-mm (No. 8) 600-llm (No. 30} 300-um (No. 50) 75-llm {no. 200) 1'\ •+" Revised 11/24/1 0 TABLE 200-1.2.2(A) CLASS 1 PERMEABLE MATERIAL Percentage Passing Type A --- --- 100 95-100 70-100 0-55 0-10 0-3 TABLE 200-1.2.2(B) CLASS 2 PERMEABLE MATERIAL Type 8 100 95-100 50-100 --- 15-55 0-25 0-5 0-3 Percentage Passing 100 90-100 40-100 25-40 18-33 5-15 0-7 0-3 Contract No. 6604 and 6024 Page 123 of 177 - -- 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. Sieve Sizes 2" ................................ . 11/2'' ........................... . 1" ································· 3/4" ............................. . No.4 ......................... .. No. 30 ........................ .. No. 200 ...................... . AGGREGATE GRADING REQUIREMENTS Percentage Passing 1112" Maximum 3/4" Maximum Operating Range Operating Range 100 90-100 50-85 25-45 10-25 2-9 100 90-100 35-60 10-30 2-9 QUALITY REQUIREMENTS Tests Resistance (R-value) Sand Equivalent Durability Index Operating Range 78 Min. 25 Min. 35 Min. The aggregate shall not be treated with lime, cement or other chemical material before the Durability Index test is performed. If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Operating Range" but meet the "Contract Compliance" requirements, placement of the aggregate base may be continued for the remainder of that day. However, another day's work may not be started until tests, or other information, indicate to the satisfaction of the Engineer that the next material to be used in the work will comply with the requirements specified for "Operating Range." If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Contract Compliance," the aggregate base which is represented by these tests shall be removed. However, if requested by the Contractor and approved by the 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. -~~ • ., Revised 11/24/1 0 Contract No. 6604 and 6024 Page 124 of 177 No single aggregate grading or Sand Equivalent test shall represent more than 500 cubic yards or one day's production, whichever is smaller. SECTION 201-CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE TABLE 201-1.1.2(A) Modify as follows: TABLE 201-1.1.2(A) (3) PORTLAND CEMENT CONCRETE Type of Construction Concrete Class All Concrete Used Within the Right-ot-Way 330-C-23 (560-C-3250) (1) Trench Backfill Slurry 115-E-3 (190-E-400) Street Light Foundations and Survey Monuments 330-C-23 (560-C-3250) Traffic Signal Foundations 350-C-27 (590-C-3750) Concreted-Rock Erosion Protection 310-C-17 ( 520-C-2500P) Maximum Slump mm (Inches) (2) 200 (8") 100 (4") 100 (4") per Table 300-11.3.1 (1) Except that concrete required to be of higher strength by Table 201-1.1.2(A) SSPWC shall be as per Table 201-1.1.2(A) SSPWC. (2) As per Table 201-1.1.2(A) SSPWC. (3) Portions of Table 201-1.1.2(A) of the Standard Specifications for Public Works Construction not shown herein as changed are not affected by this table. 201-1.2 Materials. 201-1.2.4 Chemical Admixtures. (e) Air-Entraining Admixtures. Substitute the following: The air content shall not deviate from the percentage specified or permitted by more than 1-1/2 percentage points. The air content of freshly mixed concrete will be determined by California Test Method No. 504. Add the following: 201-1.7 Miscellaneous Concrete Finishing Products. 201-1.7.1 Water Base Penetrating Sealer for Integral Colored Concrete. (Scofield Colorcure Concrete Sealer or approved equal) Water base penetrating sealer shall be a sealer designed for the protection of imprinted and natural concrete. Water base penetrating sealer shall be a sealer designed for the protection of imprinted, colored and natural concrete, and other masonry surfaces to preserve the natural appearance of the masonry without darkening or adding gloss to the surface. It shall preserve the natural slip ·~ ~J Revised 11/24/1 0 Contract No. 6604 and 6024 Page 125 of 177 resistance of the concrete, etc. Sealer shall repel spills and soils, minimizing staining and maintenance. Seal shall leave no visible material on the surface and shall be absorbed and locked into the pores of the masonry, repelling liquids and soils but leaving the top surface natural in appearance. Install per manufacturer's directions. Seal shall be compatible with the surfaces and materials which it is applied. Concrete sealer shall conform to the following specifications: Color: Clear, non-yellowing Odor: Mild Flash Point: None (C.O.C. method) Specific Grav.: 1.03 Density: 8.6 pounds per gallon Drying Time: 30 minutes to 60 minutes Cure Time: 24 to 48 hours VOC Content: None {0 g/1) excluding water Polymer Type: Proprietary Reactive Resin System Coverages (approximate): Smooth Concrete: 300 to 400 square feet per gallon Rough Concrete: 200 to 300 square feet per gallon Note: Coverages vary depending on porosity and condition of surface and method of application. Method of Application: Manufacturer: Airless sprayer. Scofield Chromix Admixtures for color-conditioned concrete, or approved equal L.M. Scofield Company 6533 Bandini Boulevard Los Angeles, CA 90040 1-800-800-9900 All materials shall be furnished, prepared, applied, cured, and stored according to the product manufacturer's direction. 201-1.2.4 Chemical Admixtures. (e) Air-entraining Admixtures. Substitute the following: The air content shall not deviate from the percentage specified or permitted by more than 1-1/2 percentage points. The air content of freshly mixed concrete will be determined by California Test Method No. 504. 201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS 201-3.4 Type "A" Sealant (Two-Part Polyurethane Sealant). Add the following: All finished concrete surfaces shall have a W' continuous expansion joint at locations indicated on the plans and notes and shall be located either parallel to perpendicular to the curb line. When not otherwise indicated, all expansion joints located adjacent to colored concrete shall be sealant Type "A" and colored to match the color of the concrete surface. Contractor shall provide joint sealants that have been produced and installed to establish and to maintain watertight and airtight continuous seals without causing staining or deterioration of joint substrates. t' •f' Revised 11/24/1 0 Contract No. 6604 and 6024 Page 126 of 177 Contractor shall submit product data from the manufacturer of each joint sealant product required, including instructions for joint preparation and joint sealer application. Contractor shall also submit samples for initial selection purposes in form of manufacturer's standard bead samples, consisting of strips of actual products showing full range of colors available, for each product exposed to view. Samples shall be submitted to Engineer. Submit complete schedule of type (and location where type is to be used) of each sealant. Contractor shall engage an experienced installer who has completed joint sealant applications similar in material, design and extent to that indicated for Project that have resulted in construction with a record of successful in-service performance. Provide joint sealants, joint fillers, and other related materials that are compatible with one another and with joint substrates under conditions of service and application, as demonstrated by sealant manufacturer based on testing and field experience. Provide color selections made by Engineer from manufacturer's full range of standard colors for products of type indicated. Sealant color parallel to curbline shall match color of Paving Treatment Type "A" as specified in Section 201-1.2.4(a) of these Special Provisions. Joint sealants shall be multi-component polyurethane sealant. Except as otherwise indicated, provide manufacturer's standard, non-modified, 2-or-more-part, polyurethane-based, elastomeric sealant; complying with either ASTM-C-920-87, Type M, Grade P, Class 25, or FS TT-S 0227E Class A, non-sag, Type II. Acceptable Products: "Sonneborn NPII"; Sonneborn Building Products Division; "Scofield Lithoseal Trafficalk 3-G", L.M. Scofield Company; or equivalent, as approved by the Engineer. Provide sealant backings of material and type that are nonstaining; are compatible with joint substrates, sealants, primers and other joint fillers; and are approved for applications indicated by sealant manufacturer based on field experience and laboratory testing. Plastic foam joint fillers shall be preformed, compressible, resilient, nonstaining, nonwaxing, nonextruding strips of flexible plastic foam either open-cell polyurethane foam or closed-cell polyethylene foam, subject to approval of sealant manufacturer, for cold-applied sealants only. Polystyrene foam is not acceptable. 201-3.7 Type "D" Joint Sealant. Add the following: Hot-melt rubberized asphalt shall be in solid form at room temperature and fluid at an application temperature of 190°C (375°F) to 205°C (400°F). Fumes from the material shall be non-toxic. Sealant shall be suitable for use in both asphalt concrete and portland cement concrete. Performance characteristics of the cured hot- melt rubberized asphalt shall be as per Table 201-3.7(A). TABLE 201-3.7(A) CURED HOT-MELT RUBBERIZED ASPHALT Property Measuring Standard (ASTM Results Conditions Designation) Cone Penetration ASTM D 3407, Sec. 5 3.5 mm, max. 25°C, 150 g, 5 S Flow, 60°C ASTM D 3407, Sec. 6 5 mm, max. Resilience ,ASTM D 3407, Sec. 8 25%, min. 25°C (\ ., Revised 11/24/1 0 Contract No. 6604 and 6024 Page 127 of 177 Softening Point, ASTM D 36 82 ac, min. Ductility, ASTM D 113 300 mm, min. 25°C, 50 mm/min Flash Point, COC, ac ASTM D 92 288 ac, min. Viscosity, Brookfield ASTM D 4402 2.5-3.5 Pa-s No. 27 Spindle, Thermosel, rpm, 190°C, SECTION 203-BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE. ADD the following: 203-6.2.1 Acceptance. Wet Mix or Core sampled asphalt concrete will be considered in conformance with the mix design when the Asphalt Binder content is within +/-0.5% of the design mix and the gradation conforms to the grading as shown in Table 203-6.4.3 (A). Deviations in gradation may be considered in conformance with the mix design provided the stability of the completed mix complies with the requirements for Stabilometer Value per Table 203-6.4.3 (A) Plant inspected asphalt concrete will be considered in conformance with the mix design when visually inspected and the combined gradation of the Bin samples show conformance to the grading as shown in Table 203-6.4.3 (A). 203-6.4 Asphalt Concrete Mixtures. Add the following: Conventional Asphalt concrete shall be class C2-PG64-1 0-RAP for surface course, and B-PG64-1 0-RAP for base course. Asphalt concrete shall be class D2-PG70-10 for dikes and class E-PG70-10 ditches. 203-6.4.3 Composition and Grading. Add the following: Evaluation of asphalt concrete shall be determined from samples of asphalt concrete taken after completion of all processing (Wet Mix) or by core sample analysis of the in-place asphalt concrete or by direct central plant inspection that confirms the production of a particular mix design and verifies using samples of aggregate taken before the addition of asphalt and mineral filler (Bin). All samples shall be taken in accordance with Calif. Test 125. When Wet Mix or Core samples of asphalt concrete are to be used for evaluation, sufficient size samples shall be taken to ensure representative and adequate quantity of material for: 1. Asphalt Content and Gradation of Extraction using Calif. Test 382 or ASTM 2172, and Calif. Test 202. 2. Stability using: a. Hveem stability Value using Calif. Tests 304 and 366 shall be the average of three individual Values or b. Marshall Stability1 in accordance with the Asphalt Institute's MS-2 fabricated and tested for traffic volume and shall be the average of three specimens. 10nly use Marshall Stability when the deviation between individual Hveem Stabilometer Values are greater than +1-5. " •+" Revised 11/24/10 Contract No. 6604 and 6024 Page 128 of 177 20 When using core sample analysis, the samples must be properly prepared to safeguard against influx of outside contaminates and so that the cut surfaces do not influence the test results. 203-6.8 Asphalt Concrete Storage. add the following: Open graded or Gap graded asphalt concrete stored in excess of 2 hours, and any other asphalt concrete stored in excess of 10 hours, shall not be used in the work. 203-11 ASPHALT RUBBER HOT MIX (ARHM) WET PROCESS 203-11.3 Composition and Grading. Add the following: Asphalt Rubber Hot Mix shall be Gap Graded class ARHM-GG-C. SECTION 204-LUMBER AND TREATMENT WITH PRESERVATIVES 204-1 LUMBER AND PLYWOOD TABLE 204-1.2(A) add the following: TABLE 204-1.2 A) USES Headers for bituminous pavement up to 50 mm x 1 00 mm (2"x4") Headers for bituminous pavement larger than 50 mm x 100 mm (2"x4") GRADES Construction grade Redwood or preservative treated construction grade Douglas Fir Number 1 grade Redwood, or preservative treated number 1 grade Douglas Fir SECTION 206 -MISCELLANEOUS METAL ITEMS Add the following section: 206-7 TRAFFIC SIGNS. 206-7.1 Roadside Signs. This work shall consist of furnishing and installing roadside signs in accordance with details shown on the plans, the California Sign Specifications and these special provisions. Permanent and temporary signs shall be free from blemishes that may affect the serviceability and detract from the general sign color and appearance when viewing during daytime and nighttime from a distance of 25 feet. The face of each finished sign shall be uniform, flat, smooth, and free of defects, scratches, wrinkles, gel, hard spots, streaks, extrusion marks, and air bubbles. The front, back and edges of the sign panels shall be free of router chatter marks, burns, sharp edges, loose rivets, delaminated skins, excessive adhesive overspray, and aluminum marks. 206-7.1.2 Sign Identification. The following notation shall be placed on the lower right side of the back of each sign where the notation shall not be blocked by the sign post or frame: A. PROPERTY OF THE CITY OF CARLSBAD, B. Name of the sign manufacturer, C. Month and year of fabrication, D. Type of retroreflective sheeting, and E. Manufacturer's identification and lot number of retroreflective sheeting. ('\ •+' Revised 11/24/1 0 Contract No. 6604 and 6024 Page 129 of 177 The above notation shall be applied directly to the aluminum sign panels in 1/4-inch upper case letters and numerals by die-stamp and applied by similar method to the fiberglass reinforced plastic signs. Painting, screening, or engraving of the notation will not be allowed. The notation shall be applied without damaging the finish of the sign. 206-7.1.3 Drawings. Standard signs shall be as per the most recently approved California Sign Specifications. The date of approval shall be the date most closely preceding the date of manufacture of the sign(s) or the date of the "Notice to Proceed" of this contract, whichever is most recent. 206-7.1.4 Reflective Sheeting. All advisory signs, warning signs and all regulatory signs shall be fabricated with Type IV prismatic sheeting (High Intensity Prismatic or equivalent) or Type IX prismatic cube lens sheeting (Diamond Grade VIP or equivalent) in accordance to ASTM Designation D4956 and conforming to the requirements of these special provisions. 206-7.1.5 Sign Panel. Sign panels shall be fabricated from sheet aluminum in accordance with ASTM Designation 8209. Sheet aluminium shall be pretreated in accordance to ASTM Designation 8449. The surface of sheet aluminum shall be cleaned, deoxidized, and coated with a light and tightly adherent chromate conversion coating free of powdery residue. The conversion coating shall be Class 2 with a mass between 10 milligrams per square foot. Following the cleaning and coating process, the sheet aluminum shall be protected from exposure to grease, oils, dust, and contaminants. Sheet aluminum shall be free of buckles, warps, dents, cockles, burrs, and defects resulting from fabrication. 206-7.1.6 Mounting Traffic Signs. Traffic signs shall be installed on 10-gage or 12-gage cold- rolled steel perforated tubing posts as shown on San Diego Regional Standard drawing M-45 or, when the sign area exceeds the maximum area allowed for on that drawing, on multiple 1 0-gage or 12-gage cold-rolled steel perforated tubing posts. The number of posts shall be determined by the parameters in SDRS drawing M-45 or as approved by the Engineer. Traffic signs will be provided with back braces and mounting blocks as approved by the Engineer consisting of 1 0-gage or 12-gage cold-rolled steel perforated tubing when multiple posts are used. 206-7.1.6 Traffic Sign Posts. Posts shall be constructed of 1 0-gage or 12-gage cold-rolled steel perforated tubing posts as shown on San Diego Regional Standard drawing M-45. 206-7.2 Temporary Traffic Signs. Temporary traffic signs shall consist of all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic during the Contractor's performance of the Work. Temporary traffic signs include both stationary and portable signs. 206-7.2.1 General. This work shall consist of furnishing and installing temporary signs in accordance with details shown on the plans, the California Sign Specifications and these special provisions. Permanent and temporary signs shall be free from blemishes that may affect the serviceability and detract from the general sign color and appearance when viewing during daytime and nighttime from a distance of 25 feet. The face of each finished sign shall be uniform, flat, smooth, and free of defects, scratches, wrinkles, gel, hard spots, streaks, extrusion marks, and air bubbles. The front, back and edges of the sign panels shall be free of router chatter marks, burns, sharp edges, loose rivets, delaminated skins, excessive adhesive overspray, and aluminum marks. l'\ • ., Revised 11/24/1 0 Contract No. 6604 and 6024 Page 130 of 177 206-7.2.2 Drawings. Standard signs shall be as per the most recently approved California Sign Specifications. The date of approval shall be the date most closely preceding the date of manufacture of the sign(s) or the date of the "Notice to Proceed" of this contract, whichever is most recent. 206-7.2.3 Reflective Sheeting. All advisory signs, warning signs and all regulatory signs shall be fabricated with Type IV prismatic sheeting (High Intensity Prismatic or equivalent) or Type IX prismatic cube lens sheeting (Diamond Grade VIP or equivalent) in accordance to ASTM Designation D4956 and conforming to the requirements of these special provisions. 206-7.2.4 Sign Panel. Sign panels shall be fabricated from sheet aluminum in accordance with ASTM Designation 8209. Sheet aluminium shall be pretreated in accordance to ASTM Designation 8449. The surface of sheet aluminum shall be cleaned, deoxidized, and coated with a light and tightly adherent chromate conversion coating free of powdery residue. The conversion coating shall be Class 2 with a mass between 10 milligrams per square foot. Following the cleaning and coating process, the sheet aluminum shall be protected from exposure to grease, oils, dust, and contaminants. Sheet aluminum shall be free of buckles, warps, dents, cockles, burrs, and defects resulting from fabrication. 206-7.2.5 Stationary Mounted Temporary Traffic Signs. Stationary mounted temporary traffic signs shall be installed on 1 0-gage and 12-gage cold-rolled steel perforated tubing posts in the same manner shown on the State of California, Department of Transportation Standard Plans RS1, RS2, RS3 and RS4 for installation of roadside signs, except as follows: a) Wood posts shall not be used. b) Back braces and blocks for sign panels will not be required. c) The height to the bottom of the sign panel above the edge of traveled way shall be at least 2.1 m (7'). d) Unless otherwise shown on the plans traffic sign posts shall conform in materials and installation to SDRS drawing M-45 and shall have one post provided for each 0.48 m2 (5 ft2)of sign area, or the signs may be installed on existing lighting standards when approved by the Engineer. e) Sign panels mounted on temporary traffic sign posts shall conform to the requirements of these special provisions. 206-7.2.6 Temporary Traffic Sign Posts. Posts shall be 10-gage or 12-gage cold-rolled steel perforated tubing used for the support and stabilization of stationary mounted temporary signs. Post size and number of posts shall be as shown on the plans, except that when stationary mounted signs are installed and the type of sign installation is not shown on the plans, post size and the number of posts will be determined by the Engineer. Sign panels for stationary mounted signs shall consist of reflective sheeting applied to a sign substrate. 206-7.2.7 Portable Temporary Traffic Signs. Each portable temporary traffic sign shall consist of a base, standard or framework and a sign panel. The units shall be capable of being delivered to the site of use and placed in immediate operation. Sign panels for portable signs shall conform to the requirements of these special provisions, or shall be cotton drill fabric, flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be used during the hours of darkness. Size, color, and legend requirements for portable signs shall be as described for stationary mounted sign panels in section 206-7.2 of these special provisions. The height to the bottom of the sign panel above the edge of traveled way shall be at least 0.3-m (12"). All parts of the sign standard or framework shall be finished with 2 applications of orange enamel which will match the color of the sign panel background. Testing of paint will not be required. {'\ • .,. Revised 11/24/1 0 Contract No. 6604 and 6024 Page 131 of 177 Add the following section: 206-8 LIGHT GAGE STEEL TUBING AND CONNECTORS. Add the following section: 206-8.1 General. This Section pertains to 1 0-gage and 12-gage cold-rolled steel perforated tubing used for the support and stabilization of signs. All shapes shall have a galvanized finish and shall be cold-roll-formed steel conforming to ASTM Designation A-446, Grade A. Galvanizing shall conform to ASTM A-525, Designation G-90. Galvanizing shall be performed after all forming and punching operations have been completed. Cold-rolled steel perforated tubing shall be perforated on all four faces with 11 mm (7 /16") holes on 25 mm ( 1 ") centers. Add the following section: 206-8.2 Tolerances. Wall thickness tolerance shall not exceed +0.28 mm, -0.13 mm (+0.011", -0.005"). Convexity and concavity measured in the center of the flat side shall not exceed a tolerance of +0.25 mm ( +0.01 0") applied to the specific size determined at the corner. Straightness tolerance variation shall not exceed 1.6 mm in 1 m (1/16" in 3'). Tolerance for corner radius is 4.0mm (5/32"), plus or minus 0.40 mm (1/64"). Weld flash on corner-welded square tubing shall permit 3.60 mm (9/64") radius gage to be placed in the corner. Using 1 0-gage or 12-gage square tube, consecutive size tubes shall telescope freely for 3.1 m (1 0'). Tolerance on hole size is plus or minus 0.40 mm (1/64") on a size. Tolerance on hole spacing is plus or minus 3.2 mm in 6.1 m (1/8" in 20'). In addition, for the following specific sizes of light gage steel tubing, dimensional tolerances shall not exceed those listed in tables 206-8.2 (A) and 206-8.2(8). TABLE 206-8.2(A) LIGHT GAGE STEEL TUBING SIZE TOLERANCE Nominal Outside Dimensions Outside Tolerance for All Sides at Corners mm (inches) mm (inches) 25 x25 (1 X 1) 0.13 0.005 32 x32 (1 1/4 X 11/4} 0.15 0.006 38 x38 (1 1/2 X 11/2) 0.15 0.006 44x44 (1 3/4x1%) 0.20 0.008 51 X 51 (2 x2) 0.20 0.008 56 x56 (23/16 X 23/16) 0.25 0.010 57 x57 (2 1/4 X 21/4) 0.25 0.010 64x64 (21/2 X 21/2) 0.25 0.010 51 X 76 (2 X 3) 0.25 0.010 ("\ •t' Revised 11/24/1-0 Contract No. 6604 and 6024 Page 132 of 177 TABLE 206-8.2(B) LIGHT GAGE STEEL TUBING SQUARENESS OF SIDES AND TWIST Nominal Outside Dimension Squareness<1l Twist Permissible in 900 mm (3") mm (Inches) mm (Inches) mm<2l (lnches)<2l 25 x25 (1 X 1) 0.15 0.006 1.3 0.050 32 x32 {1-1/4X 1-1/4) 0.18 0.007 1.3 0.050 38 x38 (1-1/2 X 1-1/2) 0.20 0.009 1.3 0.050 44 x44 (1-% X 1-%) 0.25 0.010 1.6 0.062 51 X 51 (2 X 2) 0.30 0.012 1.6 0.062 56 X 56 (2-3/16 X 2-3/16) 0.36 0.014 1.6 0.062 57 x57 {2-1/4 X 2-1/4)_ 0.36 1.014 1.6 0.062 64x64 (2-1h X 2-1/2) 0.38 0.015 1.9 0.075 51 X 76 (2 X 3) 0.46 0.018 1.9 0.075 <1l Tubing may have its sides failing to be 90 degrees to each other by the tolerance listed. <2l Twist is measured by holding down the edge of one end of a square tube on a surface plate with the bottom side of the tube parallel to the surface plate, and noting the height that either corner on the opposite end of the bottom side is above the surface plate. Add the following section: 206-8.3 Fasteners. Fasteners used to assemble cold-rolled steel perforated tubing shall be steel "pull-through" electrogalvanized rivets with 9.5 mm (3/8") diameter shank, 22 mm (7/8") diameter head, and a grip range of from 5 mm (0.200") to 0.90 mm (0.356"). The fasteners shall conform to ASTM B-633, Type Ill Add the following section: 206-9 PORTABLE CHANGEABLE MESSAGE SIGN Add the following section: 206-9.1 General. Each portable changeable message sign (PCMS) unit shall consist of a controller unit, a power supply, and a structural support system all mounted on a trailer. The PCMS unit shall be assembled to form a complete self-contained portable changeable message sign, which can be delivered to the site of the work and placed in immediate operation. The complete PCMS unit shall be capable of operating in an ambient air temperature range of - 20°C (-4°F) to +70°C (158°F) and shall not be affected by unauthorized mobile radio transmissions. The trailer shall be equipped so that it can be leveled and plumbed. Full operation height shall be with the bottom of the sign at least 2.1 m (7') above the ground and the top no more than 4.4 m (14.5') above the ground. After initial placement, PCMS shall be moved from location to location as directed by the Engineer Add the following section: 206-9.2 Message Board. The message displayed on the PCMS shall be visible from a distance of 460 m (1500') and shall be legible from a distance of 230m (750'), at noon on a cloudless day, by persons with vision corrected to 20/20. The sign panel shall be 3-line matrix and shall display not less than 7 characters per line. Sign messages to be displayed shall be as approved by the Engineer. The sign face shall be flat black and shall be protected from glare of the sun by a method which does not interfere with the clarity of the sign message. The sign shall be raised and .--yy_ "t.J Revised 11/24/1 0 Contract No. 6604 and 6024 Page 133 of 177 lowered by means of a power driven lifting mechanism. The matrix sign shall be capable of complete alphanumeric selection. Lamp matrix type signs shall be equipped with an automatic dimming operational mode that automatically compensates for the influence of a temporary light source or other abnormal lighting conditions. The sign shall have manual dimming operation modes of 3 or more different lamp intensities. Matrix signs not utilizing lamps shall be either internally or externally illuminated at night. The controller shall be an all solid-state unit containing all the necessary circuitry for the storage of at least 5 pre-programmed messages. The controller shall be installed in a location allowing the operator to perform all functions from one position. A keyboard entry system shall be provided to allow an operator to generate an infinite number of additional messages over the pre- programmed stored messages. The keyboard shall be equipped with a security lockout feature to prevent unauthorized use of the controller. The controller shall contain a nonvolatile memory to hold the keyboard created messages in memory during periods when the power is not activated. The controller shall provide for a variable message display rate which allows the operator to match the information display to the speed of the approaching traffic. The flashing off time shall be operator adjustable within the control cabinet. Add the following section: 206-9.3 Operation and Maintenance. PCMS shall be furnished, placed, operated, and maintained at locations shown on the plans, specified herein, or designated by the Engineer. The PCMS will be diligently maintained and repaired by the Contractor throughout the project in accordance with the manufacturer's recommendations Add the following section: 206-9.4 Measurement and Payment. The contract unit price for Temporary Traffic Control shall include PCMS and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in furnishing, placing, operating, maintaining, repairing, replacing, transporting from location to location, and delivery of the signs to the City at the completion of the construction, in good working order, and as directed by the Engineer, and no other compensation will be made. SECTION 207 -PIPE 207-2 REINFORCED CONCRETE PIPE. 207-2.5 Joints. Add the following: When watertight joints are indicated on the plans they shall be of the rubber-gasketed type meeting the requirements of ASTM Standard Specification designations C 361-95 and C 443-94. Pipe designated in the plans as "pressure pipe" or with a 1 00-year hydraulic grade line at or above the soffit shall be bell and groove spigot joint with "0" rings conforming to ASTM C-443 and C- 361 for the limits shown on the plans. 1'\ •f' Revised 11/24/1 0 Contract No. 6604 and 6024 Page 134 of 177 207-9 IRON PIPE AND FITTINGS 207-9.2.2 Pipe Joints Unless otherwise shown on the Plans, all joints shall be the push-on type joint. Joints and accessories shall conform to the requirements and dimensions specified in ANSI A21.11, AWWA C111. Rubber gasket material shall conform to 208-1.2 and AWWA C111 and ANSI A21.11-90. 207-9.2.3 Fittings. Add the following: Ductile iron pipe and fittings shall be manufactured in accordance with ANSI 21.50, AWWA C150 and ANSI 21.51, AWWA C151, and shall be of the size and thickness classes shown on the Plans. Unless otherwise specified, size 4-inches through 6-inches Dl P shall be thickness Class 52, while size 8-inches and larger shall be thickness Class 50. 207-9.2.4 Lining and Coating. Replace with the following: Unless otherwise specified, all iron pipe and fittings shall be lined with double thickness, cement motor lining with cement conforming to ASTM C150 Type II, AWWA C1 04/A21.4.90 and outside coating of bituminous coating a minimum of 2 mils. thick in accordance with AWWA C151 or C1 00. 207-10 STEEL PIPE add the following: 207-10.1 General Fabricated Steel Pipe and Fittings shall conform in all respects to Carlsbad Municipal Water District Rules and Regulations for Construction of (Potable or Reclaimed) Water Mains, latest edition. 207-10.1.2 Submittals. The Contractor shall furnish submittals in accordance with Section 2-5.3, Submittals Shop Drawings. Submittals are required for the following: Shop Drawings Manufacturer's tests Fabrication Details Protective Coatings Layout Drawings Mill Reports or Plant Test Reports Dimensional Checks Welding Procedures/Certification for Field Welding Shop Drawings shall be submitted and approved prior to manufacture of pipe. 207-10.1.3 Quality Assurance. Field welders shall be certified under Section IX, Part A of the ASME Boiler and Pressure Vessel Code or in accordance with AWWA C206, Section 3. Welders shall submit a copy of their certification to the District prior to performing any field welding. Certifications shall be dated within three (3) years of the job to be performed. The top of all pipe and specials shall be clearly identified by marking the top with "T.O.P." for easy identifications in the field. Plainly mark each length of pipe at the bell end to identify the proper location of the pipe item by reference to the layout schedule. 207-10.1.4 Protective Coatings and Linings. All steel pipe and fittings exposed within a vault or above ground shall be cement-mortar lined in accordance with AWWA C205 and C602 and painted in accordance with CMWD Approved Materials List. All steel pipe and fittings for underground service shall be cement-mortar lined, taped wrapped and cement-mortar coated in accordance with AWWA C205, C214 and C602 unless otherwise specified on the Drawings . ...... ~J Revised 11/24/1 0 Contract No. 6604 and 6024 Page 135 of 177 Add the following section: 207-25 UNDERGROUND UTILITY MARKING TAPE. Add the following section: 207-25.1 Detectable Underground Utility Marking Tape: Detectable Underground Utility Marking Tape shall have a minimum 0.13 mm (0.005") overall thickness, with no less than a 35 gauge (AWG), 0.14 mm aluminum foil core. The foil must be visible from both sides. The layers shall be laminated together with the extrusion lamination process, not adhesives. No inks or printing shall extend to the edges of the tape. All printing shall be encased to avoid ink 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 Method Value Thickness ASTM 02103 0114 mm {0.0056'1 Tensile strength ASTM 0882 4500g/cm (25 lbs/inch) (5,500 PSI) Elongation ASTM 0882-88 <50 percent at break Printability ASTM 02578 >50 dynes/square centimeter Flexibility ASTM 0671-81 Pliable hand Inks Manufacturing specifications Heat-set Mylex Message repeat Manufacturing specifications Every 500 mm(20") Foil Manufacturing specifications Dead soft/annealed Top IC!Y_er Manufacturing specifications Virgin PET Bottom layer ManufacturinQ specifications VirQin LOPE Adhesives ManufacturinQ specifications >30 percent, solid 1.5#/R Bond strength Boiling H20 at 100 degrees Celsius Five hours without peel Colors APWACode See Table 207-25.1 (B) TABLE 207-25.1 (B) DETECTABLE UNDERGROUND UTILITY MARKING TAPE COLORS Color Utility Marked Red Electric power, distribution, transmission, and municipal electric systems. Yellow Gas and oil distribution and transmission, dangerous materials, product and steam. Orange Telephone and telegraph systems, police and fire communications, and cable television. Blue Water systems. Green Sanitary and storm sewer systems, nonpotable. Brown Force mains. Purple Reclaimed water lines. Add the following section: 207-25.2 Materials Approvals. Detectable Underground Utility Marking Tape shall meet the requirements of each of the following agency/association publications. 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. ~~ •+' Revised 11/24/10 Contract No. 6604 and 6024 Page 136 of 177 D. General Services Administration, Washington, DC, Public Buildings Service Guide Specification for Mechanical and Electrical Equipment -PBS 4-1501, Amendment 2, Page 501-14, Paragraph 18, Subparagraph 18.1, Clause 18.11.1. E. Rural Electrification Authority (REA), U.S. Department of Agriculture, Washington, DC, National Electrical Safety Code for Underground Construction for remote and immediate hazards. SECTION 210-PAINT AND PROTECTIVE COATINGS 210-1 PAINT. 210-1.5 Paint Systems. Add the following to Table 21 0-1.5{A) TABLE 210-1.5 (A) Surface to be Painted Pre-reatment I Surface Primer Finish Coats Preparation Temporary Railing type Abrasive Blast Cleaning to a None Two coats white Acrylic (K) Roughened, Textured Appearance Emulsion Paint <1l .. (1) acrylic emuls1on pamt des1gned for use on extenor masonry. Th1s pamt shall comply mall respects to Federal Spec1f1cat1on TT-P- 19 (latest revision), Paint, Acrylic Emulsion, Exterior. This paint may be tinted by using "universal" or "all purpose" concentrates. 210-1.6 Paint for Traffic Striping, Pavement Marking, and Curb Marking. Modify as follows: Paint for traffic lane lines, turn pocket lines, edge lines, channelizing lines, bike lane lines, chevrons, and curbs shall be rapid dry water borne conforming to CAL TRANS Specification No. PTWB-01. Paint for pavement legends, pavement symbols, pavement arrows, cross walks, parking stall markings and stop bars shall be alkyd thermoplastic conforming to CAL TRANS Specification No. 8010-19A. Glass beads shall be applied to the surface of the rapid dry water borne paint and the molten thermoplastic material and shall conform to the requirements of CAL TRANS Specification No. 8010-004 {Type II). CAL TRANS Specifications for water borne paint, thermoplastic material and glass beads may be obtained from the CAL TRANS Transportation Laboratory, P.O. Box 19128, Sacramento, CA 95819, telephone number (916} 227-7000. 210-3 GALVANIZING. Add the following section: 210-3.6 Galvanizing for Traffic Signal Facilities. The requirements of this section shall pertain only to the preparation and galvanizing of traffic signal facilities. Galvanizing of products fabricated from rolled, pressed and forged steel shapes, plates, bars and strip 3.2 mm {1/8") thick or thicker, shall conform to the specifications of ASTM Designation: A 123, except that complete seal welding of tightly contacting surfaces of these products prior to galvanizing is required only where seal welding is shown on the plans or specified in these special provisions. Except for pre-galvanized standard pipe, galvanizing of material 3.2 mm {1/8"} thick or thicker shall be performed after fabrication into the largest practical sections. At the option of the Contractor, material thinner than 3.2 mm {1/8") shall be galvanized either before fabrication in conformance with the requirements of ASTM Designation: A 525M, Coating Designation Z600, or after fabrication in conformance with the requirements of ASTM l' •t' Revised 11/24/1 0 Contract No. 6604 and 6024 Page 137 of 177 Designation: A 123, except that the weight of zinc coating shall average not less than 365 g per square meter {1.2 oz. per ft2) of actual surface area with no individual specimen having a coating weight of less than 305 g per square meter (1.0 oz. per ft2). Galvanizing of standard pipe shall conform to the requirements of ASTM Designation: A 53. Galvanizing will not be required for stainless steel, monel metal and similar corrosion resistant parts. Fabrication shall include all operations such as shearing, cutting, punching, forming, drilling, milling, bending, welding and riveting. All welded areas shall be thoroughly cleaned prior to galvanizing to remove all slab or other material that would interfere with the adherence of the zinc. When it is necessary to straighten any sections after galvanizing, the work shall be performed without damage to the zinc coating. Galvanizing of iron and steel hardware and nuts and bolts, when specified or shown on the plans, shall conform to the specifications of ASTM Designation: A 153, except whenever threaded studs, bolts, nuts, and washers are specified to conform to ASTM Designation: A 307, A 325, A 325M, A 449, A 563, A 563M, or F 436 and zinc coating is required, they shall be hot-dip zinc coated or mechanically zinc coated in accordance with the requirements of the ASTM Designations. Unless otherwise specified, galvanizing shall be performed after fabrication. Components of bolted assemblies shall be galvanized separately before assembly. Tapping of nuts or other internally threaded parts to be used with zinc coated bolts, anchor bars or studs shall be done after galvanizing and shall conform to the requirements for thread dimensions and overtapping allowances in ASTM Designation: A 563 or A 563M. When specified, painting of zinc coated surfaces shall be in accordance with the procedures in Section 210.1 "Paint". Galvanized surfaces that are abraded or damaged at any time after the application of the zinc coating shall be repaired by thoroughly wire brushing the damaged areas and removing all loose and cracked coating, after which the cleaned areas shall be painted with two applications of unthinned zinc-rich primer (organic vehicle type) conforming to the provisions in Section 210-3.5, "Repair of Damaged Zinc Coating." Aerosol cans shall not be used. SECTION 213-ENGINEERING FABRICS 213-2 GEOTEXTILES. 213-2.1 General. Add the following: Geotextile types shall be used for the applications listed in Table 213-2.1 (A) 1"\ ,.., Revised 11/24/10 Contract No. 6604 and 6024 Page 138 of 177 Table 213-2.1(A) GEOTEXTILE APPLICATIONS Application of Geotextile SeJ?aration of Soil and Street Structural Section Separation of Soil and Subsurface Aggregate Drain Reinforcement of Street Structural Section Remediation and Separation of Soil Reinforcement of Soil Drainage at the Interface of Soil Structures Drainage at the Interface of Soil and Structures Rock Slope Protection Fabric for Rock Sizes Below 225 kg (14 Ton) Rock Slope Protection Fabric for Rock Sizes Including and Above 225 kg (14 Ton) Plant Protection Covering Erosion Control Fence with 14 AWG -150 mm x 150 mm (6"x6") Wire and 3 m (1 0') Post Spacing Erosion Control Fence with 1.8 m (6') Post Spacing and No Wire Fencing Add the following section: 213-3 EROSION CONTROL SPECIALTIES. Add the following section: Type Designation 90WS 180N 200WS 270WS 270WS N/A N/A 180N 250N 90N 90WS 200WS 213-3 Gravel bags. Gravel bags for the use of temporary erosion control shall be burlap type, filled with no less than 23kg (50 lbs) of 19 mm (%")crushed rock and securely tied closed. Plastic bags are not acceptable. SECTION 214 PAVEMENT MARKERS 214·5 REFLECTIVE PAVEMENT MARKERS Add the following section: 214-5.1 Temporary Reflective Pavement Markers. Temporary pavement markers shown on the plans and required in the specifications shall be one of the types shown in Table 214-5.1 (A), or equal thereto. TABLE 214-5.1(A) TEMPORARY REFLECTIVE PAVEMENT MARKERS Type TOM-Temporary Overlay Markers Add the following section: Manufacturer of Distributor Davidson Traffic Control Products, 3110 701h Avenue East, Tacoma, WA 98424, 877 335-4638 14-5.2 Permanent Reflective Channelizer. Reflective Channelizer shall be new surface- mounted type and shall be furnished, placed, and maintained at the locations shown on the plans. Reflective channelizer posts shall be orange in color. Reflective channelizers shall have affixed 1"\ • .., Revised 11/24/10 Contract No. 6604 and 6024 Page 139 of 177 white reflective sheeting as specified in the special provisions. The reflective sheeting shall be 75 mm x 300 mm in size. The reflective sheeting shall be visible at 300 m at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20. Reflective channelizer shall be one of the types shown in Table 214-5.2(A), or equal thereto. Type Safe-Hit SH336SMA Carsonite "Super Duck" SDR3036 Repo "The Replaceable Post" TABLE 214-5.2(A) REFLECTIVE CHANNELIZER Manufacturer of Distributor Safe-Hit, A Division of Energy Absorption Systems, Inc. 35 East Wacker Drive, Suite 1100 Chicago, IL 60602 (800) 537-8958 Carsonite Composites, LLC 605 Bob Gifford Boulevard Early Branch, SC 29916 (800) 648-7916 Western Highway Products 10680 Fern Avenue Stanton, CA 90680 (800) 854-3360 The Contractor shall provide the Engineer with a Certificate of Compliance in accordance with the provisions of Section 2-5.3.3 "Submittals". Said certificate shall certify that the permanent reflective 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 the approved quality control program. 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 foot 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. l" • .,. Revised 11/24/1 0 Contract No. 6604 and 6024 Page 140 of 177 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 300 -EARTHWORK 300-1 CLEARING AND GRUBBING. 300-1.1 General. add the following to the third paragraph: During surface clearing operations, the Contractor shall not cover or bury any plant growth or other objectionable materials. If the Contractor cannot successfully separate the plant growth from the surface soil and advertently or inadvertently mixes organic or other objectionable materials with the soil, the soil so contaminated shall be removed from the site by the Contractor. All costs, if any, associated with removing the soil mixed with organic or other objectionable materials and importing soil to replace said contaminated soil shall be borne by the Contractor and no additional payment therefore shall be made to the Contractor. 300-1.3 Removal and Disposal of Materials. add the following: Also included in clearing and grubbing shall be removal and disposal of existing street poles and lights, metal guard rail, fences, asphalt concrete and aggregate base, concrete curb and gutter, concrete sidewalk, existing gate, existing headwalls, rip-rap, traffic signs, and other existing features which interfere with the work. Whether or not such items are shown on the plans they shall be removed as a part of clearing and grubbing. Existing underground pipes and conduits that are shown on the plans and designated to be removed shall be removed by the Contractor as a part of clearing and grubbing. 300-1.4 Payment. modify as follows: Payment for clearing and grubbing shall be made at the contract lump sum price for clearing and grubbing within the project limits and at stockpile locations and no other payments will be made. Unless otherwise noted 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. 300-2 UNCLASSIFIED EXCAVATION. 300-2.1 General. add the following: Unclassified excavation shall include removal and stockpile of suitable material, recompaction, mixing, grading for mitigation work, trenching and backfilling of storm drains, sewers, other utilities, disposal of unsuitable materials not included in the bid item for clearing and grubbing, all cut and fill including removal and recompaction of unsuitable soil, salvaging clean excavated material and filling areas to the required grades and cross section. Unclassified excavation shall be utilized onsite to make aH fills shown on the plans. Unclassified excavation shall also include scarification and moisture adjustment and compaction of the top 300 mm (1 ') of the subgrade in the roadway prism in cut areas to 95 percent relative compaction, wetland mitigation grading and attendant work, export of remaining excess material to a disposa~ site or spoil area acquired by the Contractor and pumping and disposal of storm and ground water. -~ "' Revised 11/24/10 Contract No. 6604 and 6024 Page 141 of 177 300-2.2.1 General. add the following: Alluvial and colluvial removal and recompaction shall consist of excavating, blending and recompacting loose soils in areas that are designated to receive fills. The existing loose soils shall be removed by the Contractor until a firm unyielding surface is exposed or to a depth determined by the Engineer. If the excavated material contains 4%, or more, water than the optimum moisture content the Contractor shall blend the wet soil with soils having a lower moisture content and/or spread the excavated material in a manner that enables the material to dry to optimum moisture content. The cost of spreading and/or drying shall be included in the contract unit price for removal and recompaction. The excavated material shall be placed and compacted in accordance with section 300-4 of the specifications except that section 300-4.9, Measurement and Payment, shall not apply. 300-2.2.1 General. add the following to the first paragraph: Such direction may include, but is not limited to, directing the Contractor to blend, adjust moisture content of, rework, and place unsuitable soils at specific locations or elevations on the site. Add the following section: 300-2.2.3 Compressible Soil. Compressible soils such as existing uncontrolled or unacceptable fill, alluvium, and colluvium may exist within portions of the Project site. Where required by the Engineer, the Contractor shall remove such compressible soils from areas to receive fill or from areas upon which surface improvements are to be placed. The removal and disposal of such compressible soils shall be paid for at the Contract Unit Price for unclassified excavation unless it is considered otherwise unsuitable by the Engineer in which case it may be paid for in accordance with section 300-2.2.1. 300-2.2.4 Instability of Cuts. Add the following: The Contractor shall remove additional material as directed by the Engineer to improve the stability of excavated cuts. The removal of such excavated material shall be paid for at the Contract Unit Price for unclassified excavation unless it is considered otherwise unsuitable by the Engineer, in which case it will be paid for in accordance with Subsection 300-2.2.1. 300-2.5 Slopes. add the following: The hinge points (the top and bottom) of slopes shall be located within 75 mm (0.25') of the locations shown on the plans. 300-2.5 Slopes. add the following: after the first sentence of the first paragraph: A slope shall be defined as any area steeper than three horizontal to one vertical. 300-2.6 Surplus Material. add the following: The Contractor shall haul and dispose of all surplus material from the project. The Contractor shall utilize highway legal haul trucks for this export of material from the project site and to a site secured by the Contractor. No earth moving equipment or special construction equipment, as defined in section 565 of the California Vehicle Code, will be allowed for hauling material on public streets. 300-2.8 Measurement. delete the second paragraph relating to materials removed from stockpiles and add the following: Unclassified Excavation shall be measured based on the volume it occupies in its original position before excavating. The measurement shall be from the original ground contours after clearing and grubbing and the bottom of areas of excavation to the design elevations shown on the plans or actual ground contours existing in borrow sites after excavation or those for removal and recompaction of alluvial and colluvial materials or those for materials excavated to improve the stability of cuts, whichever is lower in elevation. No excavated material which is re-excavated will be measured for payment. No allowance for shrinkage or swell will be l"\ • .,. Revised 11/24/1 0 Contract No. 6604 and 6024 Page 142 of 177 considered. Materials excavated or otherwise removed as all or part of any other bid item shall not be measured as Unclassified Excavation. 300-2.8 Measurement. delete the second paragraph relating to materials removed from stockpiles and add the following: Unclassified Excavation shall be measured based on the volume it occupies in its original position before excavating. The measurement shall be from the original ground contours after clearing and grubbing and the bottom of areas of excavation to the design elevations shown on the plans or actual ground contours existing in borrow sites after excavation. No excavated material which is re-excavated will be measured for payment. Materials excavated or otherwise removed as all or part of any other bid item shall not be measured as Unclassified Excavation. The measurement of work performed under sections 300-2.2.1 and 300-2.2.2, 300- 2.2.3 and 300-2.2.4 when the Engineer determines that the soils are unsuitable shall be the actual labor, materials and equipment used to accomplish the work as per section 3-3 EXTRA WORK of the specifications. 300-2.9 Payment. add the following: Payment for work performed under sections 300-2.2.1, 300-2.2.2, 300-2.2.3 and 300-2.2.4, when the Engineer determines that the soils are unsuitable, shall be made for the actual labor, materials and equipment used to accomplish the work as per section 3-3 EXTRA WORK of the specifications. 300-2.9 Payment substitute the following: Payment for Unclassified Excavation will be made at the unit price bid in the proposal. Only the quantity of unclassified excavation measured shall be paid for. No excavated material which is re-excavated will be paid for. For progress payments, the quantity of unclassified excavation shall be estimated by the Engineer . The Engineer's calculations shall be considered the definitive determinant for quantities for final payment. All topographic surveying and calculations necessary to quantify payment quantities for Unclassified Excavation shall be performed by the Engineer. Payment for Unclassified Excavation shall include costs of surveying, staking, preparation of earthwork quantity reports, placement, compaction, soil remediation, moisture adjustment and water therefore, rework of compressible soils, slope rounding, grading, stockpiling, access road, temporary detour roads, earthen swales and drainage channels as shown on the drawings or required by the contract documents. Add the following section: 300-2.10 Grading Tolerance. The Contractor shall finish excavated areas other than slopes and subgrade below structures, within the roadway and sidewalk areas within 30 mm (0.1 ') of the grades shown on the plans. Subgrade tolerances shall conform to the requirements of section 301-1.4 SSPWC. 300-3 STRUCTURE EXCAVATION AND BACKFILL 300-3.1 General. add the following: The Contractor shall excavate to the lines and levels required and/or shown on the Drawings. The Contractor shall provide all shoring, bracing, cribbing, pumping, and planking required. The Contractor shall excavate and maintain the bottom of all trenches in a condition that is level, firm, clean and free from all debris or foreign matter. Excavations shall be kept free from water at all times. The Contractor shall remove any unsuitable material encountered below grade as directed by the Engineer 300-3.6 Payment. add the following: Dewatering shall be paid for as an incidental to construction of the components of this project and no additional compensation will be made therefore. Except (' lfl Revised 11/24/10 Contract No. 6604 and 6024 Page 143 of 177 for unsuitable materials removed as part of the clearing and grubbing item unsuitable material encountered below grade will be paid for at the unit price bid unclassified excavation. 300-4 UNCLASSIFIED FILL 300-4.2 Preparation of Fill Areas. add the following: Except as provided in section 300-4.7, "Compaction", areas proposed for improvements all fill (including backfill and scarified ground surfaces) shall be compacted by the Contractor to no less than 90 percent of maximum dry density as determined in accordance with ASTM Test Procedure 01557-91. 300-4.4 Benching. add the following: Benching shall conform to The City of Carlsbad Supplemental Standard Drawing GS-14. details shown on the plans. The steepened Slope Reinforcement shall conform to the details on the plans. 300-4.5 Placing Materials for Fills. add the following: The Contractor shall perform grading such that the upper 900 mm (3') of fill placed in the roadway pavement area is composed of properly compacted low expansive soils. The more highly expansive soils shall be placed in the deeper fill areas and properly compacted or exported from the site. Low expansive soils are defined as those soils that have an Expansion Index of 50 or less when tested in accordance with 1994 UBC Standard 18-2 as published by the International Conference of Building Officials. Should insufficient soils meeting the requirement of an expansion index of 50 or less be present within the limits of work, soils of the least expansion index that are available within the limits of work shall be incorporated in the upper 900 mm {3') of fill placed in the roadway. The Contractor shall break rock encountered in the excavation into particles of less than 75 mm {3"). Particles with dimensions greater than 75 mm (3") shall be uniformly distributed over the area to be filled so that construction equipment can be operated in such a manner that the larger pieces will be broken into smaller particles and become incorporated with the other materials in the layer. This requirement for particle size reduction does not apply to cobbles, small boulders, and small hard rocks found within the surface soils and formational materials. Rocks having any dimension greater than 460mm {18") shall not be incorporated into the fill. Rock exceeding 150 mm {6") in diameter shall not be placed in the upper 900 mm {3') of any fill. When there are large quantities of rock to be placed in the fill, rocks shall not be nested, but shall be spread with sufficient room between them so that intervening voids can be adequately filled with fine material to form a dense, compact mass. Oversize material which cannot be utilized for erosion mitigation or landscaping onsite shall be broken to acceptable sizes or removed from the site by the Contractor. If disposed of within the City of Carlsbad, a separate grading permit will be required for disposal of rock. 300-4.6 Application of Water. add the following: The Contractor shall place all fill soil at a moisture content no less than one {1) percent below optimum moisture as determined by ASTM test D-1557 -91. 300-4.7 Compaction. add the following: The Contractor shall compact all fill soils placed within the top 1 m {3') of roadway subgrade to a minimum of 95 percent relative compaction. On all areas to receive planting, the top 150 mm {6") shall be compacted to 85%, +2% -5%, to allow for plant growth. 300-4.8 Slopes. add the following: Feathering of fill over the tops of slopes will not be permitted. The Contractor shall compact the faces of fill slopes with a sheep's foot roller at vertical intervals no greater than 600 mm (2') or shall be built and cut back to finish grade. In addition, if not over ., f.., Revised 11/24/10 Contract No. 6604 and 6024 Page 144 of 177 built and cut back, the face of the slope shall be track walked upon completion. 300-4.9 Measurement and Payment. delete and substitute the following: Unclassified fill, grading, shaping, compacting or consolidating, slope rounding, construction of transitions and all work included in and incidental to Section 300-4, "Unclassified Fill" will be paid for as a part of unclassified excavation, and no additional payment will be made therefore. 300-5 BORROW EXCAVATION. Add the following section: 300-5.2.1 Imported Borrow Properties. The Contractor shall provide imported borrow that is clean well graded soil consisting of material conforming to all of the requirements in Table 300-5.2.1 (A) and the following requirements. Rock included in the top 1 m (3') of imported borrow shall be particles of less than 75 mm (3"). Rock included below the top 1 m (3') of imported borrow shall be particles of less than 150 mm (6"). Tests A-Value Expansion Index Plasticity Index Sieve Analysis TABLE 300-5.2.1(A) IMPORTED BORROW PROPERTIES Test Method No. Calif. 301 UBC Standard 18-2 ASTM 0424 Requirements 40 Min. 10 Max. 4 Max. ASTM D 422 Percent Passing 75J..L (No. 200) 15 Max. 300-9 GEOTEXTILES FOR EROSION CONTROL. Modify as follows: 300-9 GEOTEXTILES FOR EROSION CONTROL AND WATER POLLUTION CONTROL. Add the following section: 300-9.2 General. The Contractor shall provide erosion control and water pollution control conforming to the requirements shown on the plans, as specified herein, and as elsewhere required by the Contract Documents. Erosion control and water pollution control shall include the work specified herein, and such additional measures, as may be directed by the Engineer, to meet Best Management Practices, as defined herein, and to properly control erosion and storm water damage of the limits of work and construction impacts upon areas receiving drainage flows from within the limits of work. Add the following section: 300-9.2.1 Grading Controls. The Contractor shall protect all areas that have been graded and/or cleared and grubbed as well as areas that have not been graded and/or cleared and grubbed within the limits of work from erosion. The Contractor shall provide temporary earth berms, gravel bags, silt fences, stabilized construction entrances and similar measures, coordinated with its construction procedures, as necessary and as shown on the plans to control on site and off site erosion during the construction period. The Contractor will be required to protect areas which have been cleared and grubbed prior to excavation or embankment operations, and which are subject to runoff during the duration of the contract. The criteria used to determine the appropriate erosion control measures shall be the "Best Management Practices", hereinafter BMP, defined and described in the, "Stormwater Best Management Practices Handbook, Construction", edition current at the time of the bid. The Contractor shall maintain a copy of the "Stormwater Best ('\ • ., Revised 11/24/10 Contract No. 6604 and 6024 Page 145 of 177 Management Practices Handbook, Construction", current at time of bid on the project site and shall conduct its operations in conformity to said Handbook. Temporary erosion control measures provided by the Contractor shall include, but not be limited to, the following: a) Embankment areas, while being brought up to grade and during periods of completion prior to final roadbed construction, shall be graded so as to direct runoff into impoundment areas within the limits of work where such runoff shall have pollutants removed by BMP methods. b) The Contractor shall provide protection by BMP measures to eliminate erosion and the siltation of downstream facilities and adjacent areas. These measures shall include, but shall not be limited to: temporary down drains, either in the form of pipes or paved ditches with protected outfall berms; graded berms around areas to eliminate erosion of embankment slopes by surface runoff; confined pending areas to desilt runoff; and to desilt runoff. c) Excavation areas, while being brought to grade, shall be protected from erosion and the resulting siltation of downstream facilities and adjacent areas by the use of BMP measures. These measures shall include, but shall not be limited to, methods shown on the plans and described herein. Add the following section: 300-9.2.2 Payment. Full compensation for performing erosion control and water pollution control, conforming to the operational requirements herein, of the BMP and conforming to the requirements of the Federal Water Pollution Control Act, including the latest amendments thereto, which is not a part of the planned permanent work or included as a separate bid item shall be considered as included in the contract price bid for unclassified excvation, and no additional compensation will be allowed therefore. 300-11 STONEWORK FOR EROSION CONTROL 300-11.4 Payment. delete and replace as follows: Rock protection will be paid for at the lump sum contract Price Bid for rock protection, complete and in place, in accordance with the details and requirements of the plans and specifications. 300-12 ROCK SLOPE PROTECTION FABRIC. Add the following section: 300-12.1 Preparation of Subgrade. Prior to placing rock slope protection fabric the Contractor shall clear the surfaces upon or against which rock slope protection fabric is to be placed of loose or extraneous material and sharp objects that may damage the fabric during installation. Equipment or vehicles shall not be operated or driven directly on the rock slope protection fabric. Rock slope protection fabric damaged during placement shall be replaced or repaired by the Contractor at its expense as directed by the Engineer. Add the following section: 300-12.2 Placement. The Contractor shall place rock slope protection fabric prior to placing rock slope protection. The Contractor shall grade surfaces to be covered by rock slope protection so as to provide full support for the fabric. Rock slope protection fabric shall conform to the provisions in Section 213-2, "Geotextiles," and shall be placed by the Contractor in accordance with the details shown on the plans and as specified herein. The Contractor shall handle rock slope protection fabric with care that it is not torn or stretched and place it in accordance with the manufacturer's recommendations, these specifications and as directed by the Engineer. The l\ • ., Revised 11/24/10 Contract No. 6604 and 6024 Page 146 of 177 Contractor shall place and fit rock slope protection fabric loosely upon or against the surface to receive the fabric so that the fabric conforms to the surface without damage when the cover material is placed. Rock slope protection fabrics shall be joined, at the option of the Contractor, either with overlapped joints or stitched seams. When fabric is joined with overlapped joints, all adjacent borders of the fabric shall be overlapped not less than 610 mm (24"). The fabric shall be placed such that the fabric being placed shall overlap the adjacent section of fabric in the direction the cover material is being placed. When the fabric is joined by stitched seams, the fabric shall be stitched with yarn of a contrasting color. The size and composition of the yarn shall be as recommended by the fabric manufacturer. The number of stitches per 25 mm (1") of seam shall be 6 ± 1 . The strength of stitched seams shall be the same as specified for the fabric, except when stitched seams are oriented up and down a slope the strength shall be a minimum of 80 percent of that specified for the fabric. Fabric damaged beyond repair, as determined by the Engineer, shall be replaced by the Contractor and no additional payment will be made therefore. Repairing damaged fabric shall consist of placing new fabric over the damaged area. The minimum fabric overlap from the edge of the damaged area shall be 1 m (3') for overlap joints. If the new fabric joints at the damaged areas are joined by stitching, the stitched joints shall conform to the requirements specified herein. Damaged fabric that is suitable for repair, as determined by the Engineer, shall be repaired by the Contractor and no additional payment will be made therefore. Add the following section: 300.12.3 Measurement and Payment Payment for rock slope protection fabric will be included in the unit and/or lump sum prices for items which have said fabric in their design and no additional payment will be made. 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 -~ "\.1 Revised 11/24/1 0 Contract No. 6604 and 6024 Page 147 of 177 measures, to reduce to the extent feasible pollutants in storm water discharges from the construction site both during and after construction is completed under this contract. The SWPPP shall incorporate control measures in the following categories: 1 . Soil stabilization practices; 2. Sediment control practices; 3. Wind erosion control practices; and 4. Non-storm water management and waste management and disposal control practices. Specific objectives and minimum requirements for each category of control measures are contained in the Handbook. The Contractor shall designate a Water Pollution Control Manager who will have the responsibilities outlined in the SWPPP. The SWPPP shall include, but not be limited to, the following items as described in the SWPPP: 1. Source Identification; 2. Erosion and Sediment Controls; 3. Non-Storm Water Management; 4. Waste Management and Disposal; 5. Maintenance, Inspection and Repair; 6. Training; 7. List of Contractors and Subcontractors; 8. Post-Construction Storm Water Management; 9. Preparer; 10. Copy of the local permit; 11 . BMP Consideration Checklist; 12. SWPPP Checklist; 13. Schedule of Values; and 14. Storm Water Pollution Prevention Drawings. The Contractor shall amend the SWPPP, graphically and in narrative form, whenever there is a change in construction activities or operations which may affect the discharge of significant quantities of pollutants to surface waters, ground waters, municipal storm drain systems, or when deemed necessary by the Engineer. The SWPPP shall also be amended if it is in violation of any condition of the Permit, or has not effectively achieved the objective of reducing pollutants in storm water discharges. Amendments shall show additional control measures or revised operations, including those in areas not shown in the initially accepted SWPPP, which are required on the project to control water pollution effectively. Amendments to the SWPPP shall be submitted for review and acceptance by the Engineer in the same manner specified for the initially accepted SWPPP. Accepted amendments shall be dated and logged in the SWPPP. Upon acceptance of the amendment, the Contractor shall implement the additional control measures or revised operations. The Contractor shall keep a copy of the accepted SWPPP and accepted amendments at the project site. The SWPPP shall be made available upon request of a representative of the Regional Water Quality Control Board, State Water Resources Control Board, U.S. Environmental Protection Agency or local storm water management agency. Requests by the public shall be directed to the Engineer. l'\ • ., Revised 11/24/10 Contract No. 6604 and 6024 Page 148 of 177 By June 15 of each year, the Contractor shall submit an annual certification to the Engineer stating compliance with the requirements governing the Permit. If the project is in non-compliance at any time, the Contractor shall make a written report to the Engineer within 15 days of identification of non-compliance. Add the following section: 300-13-1.2 Availability of SWPPP template. A site-specific draft document intended for use as a template for the required SWPPP document will be made available for use at the Contractor's option, at no cost to the Contractor. The document is available for review in Appendix B. The Contractor shall review the template and modify it as necessary to reflect the Contractor's operations. Add the following section: 300-13.1.3 Payment. Preparation, implementation and management of SWPPP shall be considered incidental to the items of work and no additional payment will be made therefore. Add the following section: 300-13.1.4 SWPPP Implementation. Upon acceptance of the SWPPP, the Contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting and maintaining the control measures included in the SWPPP and any amendments thereto and for removing and disposing of temporary control measures. Unless 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. '("\ •+" Revised 11/24/1 0 Contract No. 6604 and 6024 Page 149 of 177 The construction site inspection checklist provided in the "Handbook" shall be used to ensure that the necessary measures are being properly implemented, and to ensure that the control measures are functioning adequately. The Contractor shall submit one copy of each site inspection record to the Engineer, within two days of the inspection. During the winter season, inspections of the construction site shall be conducted by the Contractor to identify deficient measures, as follows: 1. When the five-day rain probability forecast exceeds forty percent (40%). 2. After any precipitation which causes runoff capable of carrying sediment from the construction site; 3. At 24 hour intervals during extended precipitation events; and 4. Routinely, at a minimum of once every week. If the Contractor or the Engineer identifies a deficiency in the deployment or functioning of an identified control measure, the deficiency shall be corrected by the Contractor immediately, or by a later date and time if requested by the Contractor and accepted by the Engineer in writing, but not later than the onset of subsequent precipitation events. The correction of deficiencies shall be at no additional cost to the City. SECTION 301 -TREATED SOIL, SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIALS 301-1 SUBGRADE PREPARATION. 301-1.2 Preparation of Subgrade. Modify the second and third paragraphs as follows: Change each instance reading "150mm (6 inches)" to "300 mm (12")". 301-1.3 Relative Compaction. Delete the first paragraph and substitute the following: The Contractor shall compact the upper 300 mm (12") of subgrade beneath areas to be paved, have base or subbase material placed on them, or curb, gutter, curb and gutter, alley pavement, driveway or sidewalk constructed over them to no less than 95 percent maximum dry density as determined by ASTM test D-1557 -91. 301-1.7 Payment. Modify the first paragraph as follows: Payment for subgrade preparation shall be included in the contract bid price for which the subgrade is prepared and shall include all labor, materials; including water, operations and equipment to scarify, adjust moisture, compact or recompact the subgrade, both in cut areas and in fill areas, and no further compensation will be allowed. SECTION 302-ROADWAY SURFACING Add the following: The Contractor shall be responsible for tree trimming along the curb line as noted in Section 300-1 Clearing and Grubbing-so as to provide a clear travel way during the construction of the roadway resurfacing. {'\ •+' Revised 11/24/1 0 Contract No. 6604 and 6024 Page 150 of 177 The Contractor shall treat all vegetation within the limits of the paved area to be surfaced with a post emergent herbicide. Herbicide shall be applied at least 2 (two) working days prior to surfacing the street. Allowance for the two day period shall be shown in the schedule required per section 6-1. Payment for pavement surfacing shall include tree trimming and post emergent herbicide treatment of the areas to be surfaced and no extra payment will be made therefore. Public Convenience and Traffic Control. The Contractor shall schedule the work so as to prevent damage by all traffic. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling Coast Waste Management at (760) 929-9400. At least two weeks prior to work, Contractor shall send, by first class mail, notification letters to all property addresses within 500' of the work. Obtaining the appropriate addresses shall be the contractor's responsibility. Letters shall be as shown in bold type as follows, with the appropriate information specific to the work inserted at the locations indicated in the brackets and italicized. (Name of Contractol) (Address of Contractol) (Contractor's License Numbel) (Date) As a part of the City of Carlsbad's ongoing program to maintain its streets and storm drain infrastructure, construction activities related to the removal and replace of the hardscape improvement in the Romeria Drainage channel and slope improvements adjacent to La costa Avenue will be initiatted, beginning in two or three weeks. (Name of Contractol) is the Contractor that will be performing the construction of these projects and you may call them at (24 hour per day attended telephone number in the 760 area code) for any questions you may have about the project. If you have any concerns which are not addressed by the Contractor, please call the City's Engineering Inspection Department at 602-2780. They will assist you in resolving the concerns. The City of Carlsbad has some of the finest streets and infrastructure in the county due to the concern and cooperation of citizens like you. Your cooperation is greatly appreciated. During operations, the Contractor's schedule for resurfacing shall be designed to provide residents and business owners 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. -~ "f.J Revised 11/24/1 0 Contract No. 6604 and 6024 Page 151 of 177 The Contractor shall deliver the notification which 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 a representative of the Contractor 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 door hangers, 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 65 lb. card stock. The printing on the notice shall be no smaller than 12 point. The precut notices shall be as shown on the example provided in Appendix "A", with the day of the week circled and appropriate information specific to the work inserted at the locations indicated in the italicized font. 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. 302-5 ASPHALT CONCRETE PAVEMENT. Add the following: 302-5.2 Pavement Transitions. The Contractor shall ramp the approaches and termini to all structures and vertical joints in the cold-milled area which are transverse to through traffic with temporary asphalt concrete pavement as specified in section 306-1.5.1. Ramps shall be constructed the same day as cold milling and removed the same day as permanent paving. Ramp dimensions and compaction shall be as approved by the Engineer. 302-5.5 Distribution and Spreading. modify as follows: After second sentence of sixth paragraph, add: The Contractor shall provide the spreading and finishing machine used to construct the asphalt concrete surface course with an automatic screed control for surface course paving. The automatic screed control shall be 9 m (30') minimum length. The paving machine shall be operated by an operator and two full-time screed men during all paving. Delete the second sentence of paragraph 7 and the subsequent subsections A. thru E. which reference windrow operations. Add the following sentence in place of the deleted sentence and subsequent subsections: The use of windrow operations shall not be allowed. 302-5.6.1 General. modify as follows: Second paragraph, Part (2), add: Pinched joint rolling procedures shall be required, and vibratory rollers shall be limited to breakdown, unless otherwise directed by the Engineer. modify as follows: After last paragraph, add: Unless directed otherwise by the Engineer, the initial breakdown rolling shall be followed by a pneumatic-tired roller as described in this section. 302-5.8 Manholes (and other structures). delete the first paragraph and replace with the following: When placing the overlay the Contractor shall pave over appurtenances in the roadway which includes sanitary and storm access covers, water valve boxes, air vents, sewer dead end boxes {"\ •tf Revised 11/24/1 0 Contract No. 6604 and 6024 Page 152 of 177 and survey monument boxes. Each appurtenance shall be treated or covered to prevent adhesion of the overlay. Each appurtenance shall be located immediately after the overlay is placed and shall be thoroughly cleaned of any and all construction debris which may have entered due to the Contractor's operation. The contractor shall adjust all CMWD water valve boxes per CMWD Standard Drawing No. W11 or CMWD Standard Drawing No. W13. All City of Carlsbad sanitary sewer access covers shall be adjusted per CMWD Drawing No. S1. All storm sewer access covers shall be adjusted per SDRSD D-1 0. Riser rings or extensions shall not be used for the adjustment of these appurtenances. Raising and adjusting to grade all appurtenances in the roadway shall be paid for at the contract unit price per each as shown in the Bid. Such price shall constitute full compensation for all labor, materials, and equipment necessary for completing the work as described in these specifications and plans. 302-5.9 Measurement and Payment. add the following: Payment for asphalt concrete shall be at the unit price bid per ton. No additional payment shall be made for any tack coat or sand blotter. Add the following section: 302-11 ASPHALT PAVEMENT REPAIRS AND REMEDIATION Add the following section. 302-11.1 General. Asphalt pavement Repairs and Remediation shall consist of the repair and restoration of existing asphalt pavement. Repair of asphalt pavement shall consist of the saw cutting, removal and disposal of existing asphalt pavement in conformance with section 300-1.3, compaction of existing subgrade in conformance with section 301-1, grading and compaction o~ base material in conformance with section 301-2, application of grade SS-1 h emulsified asphalt and the placement of asphalt concrete base and wearing courses as specified herein Add the following section. 302-11.2 Full Depth Asphalt Concrete Patch. Full depth asphalt concrete patch shall consist of removing asphalt concrete and/or aggregate base/subgrade to 300 mm (1 ') below existing asphalt surface and placing replacing the material so removed with asphalt concrete. The area shown on the plans or set forth in the bid item are for estimating purposes only, final quantity will be as measured in the field. The Engineer will designate and mark the final limits of the asphalt patch area by outlining the area to be patched. The Contractor shall cut such areas to straight lines in square or rectangular areas as marked. The area so cut shall have two of the sides at right angles to the direction of traffic. The excavated faces of the base/subgrade shall be straight and vertical. The Contractor shall compact the upper 300mm (1 ') of subgrade to 95% relative compaction. A tack coat of SS-1 h emulsified asphalt shall be applied uniformly to all asphalt to asphalt contact surfaces at a rate of 0.25 Um 2 to 0.45 Um2 (0.05 to 0.10gallons per square yard) in accordance with subsection 302-5.4, SSPWC. The Contractor shall fill and compact areas designated to be removed with 300 mm (1.0') full depth asphalt concrete. Asphalt concrete for full depth asphalt concrete patch shall be B-AR-4000. The asphalt concrete so constructed shaH have a finish surface and density conforming to subsection 302-5.6.2 SSPWC. Add the following section. 302-11.3 Crack Sealing The Contractor shall wash, blow out and thoroughly dry all cracks designated to be sealed before installing hot poured rubber-asphalt joint sealant material. The sealant shall conform to the requirements of ASTM D1190. The Contractor shall dispose debris from crack cleaning outside the public way in accordance with Section 7-8.1 , "Cleanup and Dust Control." The hot-melt rubberized asphalt shall be melted in a jacketed, double boiler type melting ~ • ., Revised 11/24/10 Contract No. 6604 and 6024 Page 153 of 177 unit. Temperature of the heat transfer medium shall not exceed 245°C (475°F). Application of the hot-melt sealant shall be made with a pressure feed applicator or pour pot. Sealant shall be applied when the pavement surface temperature is greater than 4°C (40°F). Containers of hot- melt sealant shall be delivered to the job-site in unopened containers that are clearly marked with data showing the manufacturer's name, the product designation and the manufacturer's batch number and lot numbers. The level of the sealant shall be flush with the surface of the existing pavement. All excess sealant shall be removed from the crack with a minimum overlap onto adjacent pavement. Add the following section: 302-11.4. Measurement and Payment. Quantities of full depth asphalt concrete patch and crack sealing set forth in the bid item are for estimating purposes only, final quantity will be as designated and measured in the field. The Engineer will designate and mark the limits of the Full depth asphalt concrete patch and crack sealant application areas. Payment for resurfacing shall include post emergent herbicide treatment. Full compensation for conforming to the requirements of constructing full depth asphalt concrete patch shall include but not be limited to: furnishing all labor, tools, equipment, and materials necessary for doing the work including, saw cutting and removing and disposing 300 mm (1 ') thick section of existing asphalt concrete, aggregate base/subbase and basement soil as designated by the engineer, placement of asphalt concrete, compaction of subbase and asphalt concrete, placement of SS-1 h asphalt emulsion and all other work incidental to full depth asphalt concrete patch shall be considered as included in the contract unit price bid for full depth asphalt concrete patch and no additional compensation will be allowed therefore. Full compensation for conforming to the requirements of crack sealing shall include but not be limited to, furnishing all labor, materials, tools, equipment, and incidentals necessary to do the work. Crack cleaning, roadway clean up, application of sealant, removal of excess sealant and all other work incidental to crack sealing shall be considered as included in the contract unit price bid and no additional compensation will be allowed therefore. SECTION 303 CONCRETE AND MASONRY CONSTRUCTION. 303-1 CONCRETE STRUCTURES 303-1.6.2 Falsework Design. add the following: The Contractor shall provide all temporary bracing necessary to withstand all imposed loads during erection, construction, and removal of any falsework. The Contractor shall provide falsework drawings and calculations prepared by a registered professional engineer, civil or structural, that show provisions for resolution of all loads that may be imposed upon the falsework. Such plans and calculations shall include: 1. Resolution of all live, dead, wind, construction and impact loads that may be imposed on the falsework. 2. Temporary bracing or methods to be used during each phase of erection and removal of the falsework. 3. Concrete placement sequence. 4. Erection and removal sequence. 5. Deflection values for the falsework that include recommended methods to compensate for falsework deflections, vertical alignment, and anticipated falsework deflection. Add the following section: 303-1.9.5 Surface Finish for Concrete Spillway. The Contractor shall provide a surface finish ., ~' Revised 11/24/1 0 Contract No. 6604 and 6024 Page 154 of 177 for concrete spillway to prevent the use of rollerbiades, skateboards, and other rolling devices. Surface finish shall be a rough rake finish approved by the Engineer. 303-2 AIR-PLACED CONCRETE. 303-2.1.1 General. add the following: Modify Regional Standard Drawing D-75 as follows: replace stucco netting with 150mm x 150mm (6" x 6") by No. 10 by No. 10 welded wire mesh. Add the following section: 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS. 303-5.5.2 Curb. add the following: The Contractor shall stamp the curb face with 75 mm (3") high block letters directly above the point that it is crossed by underground facilities with the marking specified in Table 303-5.5.2(A) T TABLE 303-5.5.2(A) Curb Face Markin s Water Service Lateral Sewer Service Lateral lrri ation Water Lateral or Sleeve Markin w s RW 303-5.9 Measurement and Payment. add the following: Curb and gutter, and curb, shall be considered as continuing across driveways and access ramps when constructed adjacent thereto. Neither curb and gutter nor curb will be paid for across the length of local depressions, except that which occurs in gutter transitions at each side of an inlet. SECTION 304-METAL FABRICATION AND CONSTRUCTION 304-3.3 Installation of Gates. add the following: Gates shall be double-swing type and shall provide a clear per the plans for the access road .. 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 ., ~+' Revised 11/24/1 0 Contract No. 6604 and 6024 Page 155 of 177 conditions for use of steel plate bridging set forth in the following requirements must be fulfilled as conditions of approval of the use of steel plate bridging. Consideration of steel plate bridging in the review process will take into account the following factors: 1. Traffic volume and composition. 2. Duration of use of the steel plate bridging. 3. Size of the proposed excavation. 4. Weather conditions. The following formula shall be used to score the permitted use of steel plate bridging: PS = [ ADT + EWL +DAYS+ 10 X WEEKEND+ 5 X NIGHTS+ 20 X WEATHER+ SPEED (kmh) +SLOPE X 100] X LANES 1000 8 PS = [ ADT + EWL +DAYS+ 10 X WEEKEND+ 5 X NIGHTS+ 20 X WEATHER+ SPEED (mph)+ SLOPE X 100] X LANES 1000 5 where: PS ADT EWL DAYS WEEKEND NIGHTS WEATHER SPEED SLOPE = = = = = = = = = plate score. 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. equivalent wheel loads as defined in the Federal Highway Administration (FHW A) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement. total number of 24 hour periods during which the plates will be utilized at the site being considered. total number of Saturdays, Sundays and holidays that the plates will be utilized at the site being considered. total number of overnight periods that the plates will be in place, exclusive of Saturday, Sunday and holiday nights. total number of 24-hour periods that the plates will be utilized at the site being considered when the possibility of rain exceeds 40 percent. 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. the quotient of the vertical differential divided by the horizontal distance. The vertical and horizontal dimensions shall be measured at the locations spanning a distance of 15 m (50') up and downstream of the position of the proposed steel plate bridging. LANES = the number of lanes where plates will be used. When the computed value of the plate score exceeds 50, steel plate bridging shall not be used unless, and at the sole discretion of the Engineer, the Engineer determines that no alternative method of construction is possible in lieu of using steel plate bridging or that other overriding considerations make the use of steel plate bridging acceptable. Alternatives considered to bridging shall include, but not be limited to, detouring traffic, construction detour routes, tunneling, boring and other methods of trenchless construction. Unless specifically noted in the provisions of the Engineer's approval, the use of steel plate bridging at each location so approved shall not exceed four (4) consecutive working days in any given week. Add the following section: 306-1.1.7.2 Additional Requirements. In all cases when the depth of the trench exceeds the -~ ~J Revised 11/24/10 Contract No. 6604 and 6024 Page 156 of 177 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 7-1 0.4.1 of the Standard Specifications. The trench shoring shall be designed and installed to support the steel plate bridging and traffic loads. All approvals for design, substitution of materials or methods shall be submitted by the Contractor in accordance with all provisions of section 2- 5.3 Shop Drawings and Submittals. The Contractor shall backfill and resurface excavations in accordance with section 306-1.5. Add the following section: 306-1.1.7.3 Installation. When backfilling operations of an excavation in the traveled way, whether transverse or longitudinal cannot be properly completed within a work day, steel plate bridging with a non-skid surface and shoring may be required to preserve unobstructed traffic flow. In such cases, the following conditions shall apply: a) Steel plate bridging when the plate score exceeds 50 is not allowed except when, at the sole discretion of the Engineer, it is approved as specified hereinbefore. b) Steel plates used for bridging must extend a minimum of 610 mm (2') beyond the edges of the trench. c) Steel plate bridging shall be installed to operate with minimum noise. When the use of steel plate bridging and shoring is approved by the Engineer, the Contractor shall install using either Method (1) or (2) depending on the design speed of the portion of street where the steel plate bridging is proposed for use. Method 1 [For speeds more than 70 Km/hr (45 MPH)]: The pavement shall be cold planed to a depth equal to the thickness of the plate and to a width and length eql.llal 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(8) and 203-5.3(A) . Method 2 [For speeds 70 Km/hr {45 MPH) or less]: Approach plate(s) and ending plate (if longitudinal placement) shall be attached to the roadway and shall be secured against displacement by using two adjustable cleats that are no less than 50 mm (2") shorter than the width of the trench bolted to the underside of each plate and located within 150 mm {6") of the beginning and end of the trench for plates at the beginning and end of the trench, a minimum of two 300 mm long by 19 mm diameter {12" x %")steel bolts placed through the plate and driven into holes drilled 300 mm (12") into the pavement section, or other devices approved by the Engineer. Subsequent plates shall be butted to each other. Fine graded asphalt concrete shall be compacted to form ramps, maximum slope 8.5% with a minimum 300 mm ( 12") taper to cover all edges of the steel plates. When steel plates are removed, the dowel holes in the pavement section shall be completely filled with elastomeric sealant material. At the Contractor's option, the methods required for Method 1 may be used. If the Contractor so elects, all requirements of Method 1 shall be used. The Contractor shall maintain the steel plates, shoring, and asphalt concrete ramps and maintain and restore the street surface during and after their use. Add the following section: 306-1.1.7.4 Materials. The minimal thickness of steel plate bridging shall be as shown in Table 306-1.1.7.4(A) -~ f.1 Revised 11/24/1 0 Contract No. 6604 and 6024 Page 157 of 177 TABLE 306-1.1.7.4(A) REQUIRED PLATE THICKNESS FOR A GIVEN TRENCH WIDTH Maximum Trench Width <1l Minimum Plate Thickness 0.3m 10" 13 mm (lh'') 0.6m 23" 19 mm (%") 0.8m 31" 22 mm (lie") 1.0 m 41" 25 mm (1") 1.6m 63" 32 mm (1 W') .. (1) For spans greater than 1.6 m (5'), a structural des1gn shall be prepared by a registered c1v1l engmeer 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 CAL TRANS 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 CAL TRANS District 11 Materials Engineer to correlate skid resistance results to California Test Method 342. In addition to all other required construction signing, the Contractor shall install Rough Road (W33) sign with black lettering on an orange background in advance of steel plate bridging. Add the following section: 306-1.1.7.5 Measurement and Payment. Steel plate bridge materials including, but not limited to: steel plates, anchoring devices, cold milling, elastomeric sealant material, asphalt ramping and padding, 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. 306-1.2.1 Bedding. All installation of, and bedding for recycled water, or potable water mains shall conform to Carlsbad Municipal Water District Rules and Regulations for the Construction of (Potable or Reclaimed) Water Mains, latest edition. 306-1.2.4 Field Jointing of Reinforced Concrete Pipe. add the following: The Contractor shall provide Gasket-type joints for reinforced concrete pipe (watertight joints) where indicated on plans. 306-1.3.1 General. add the following: The Contractor shall install detectable underground utility marking tape 230 mm x75 mm (9" x 3") above each or, in the case of bundled underground conduit of the same type, the upper underground conduit being installed by the open trench method. The type and color of detectable underground utility marking tape shall conform to the requirements of section 207-25 et seq. 306-1.3.4 Compaction Requirements. delete Section 306-1.3.4 and replace with the following: The Contractor shall density trench backfill to a minimum of 90 percent relative compaction except that in the top 300 mm (12") of the street right-of-way, compaction shall be 95 percent. 306-1.5 Trench Resurfacing. 306-1.5.1 Temporary Resurfacing. Delete the fourth and fifth paragraphs and substitute the following: Temporary bituminous resurfacing materials which are placed by the Contractor are for 1"\ ~+' Revised 11/24/1 0 Contract No. 6604 and 6024 Page 158 of 177 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 undergrounding which includes the utility trench for CATV and SDG&E and conduit for SDG&E's electric conversion shall be made on the basis of contract lump sum price for utilities undergrounding and no other payments will be made. Cox Cable will supply and deliver conduits and fittings to be installed by the Contractor. Cox Cable will install enclosures. The Contractor will furnish and install 6.4 mm {%") nylon pull ropes in all conduit. 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 310-PAINTING 310-5 PAINTING VARIOUS SURFACES. 310-5.6 Painting Traffic Striping, Pavement Markings and Curb Markings. Modify the fifth paragraph as follows: The Contractor shall furnish all equipment, materials, labor, and supervision necessary for painting traffic lanes, directional arrows, guidelines, curbs, parking lines, crosswalks, and other designated markings in accordance with the Plans, or for approved temporary detours essential for safe control of traffic through and around the construction site. The Contractor shall remove by wet grinding all existing or temporary traffic markings and lines that may confuse the public. When temporary detour striping or markings are no longer required, they shall be removed prior to painting the new traffic stripes or markings. 310-5.6.3 Equipment. Delete the ninth paragraph and substitute the following: The Contractor shall provide a wet grinding machine with sufficient capacity to completely remove all existing or temporary traffic striping or markings that conflict with the striping plan, or are contrary to the Traffic Manual, or that may be confusing to the public. The surface produced by grinding the existing or temporary traffic striping or markings on pavement shall not exceed variations from a uniform plane more than 3 mm (1/e") in 3m {1 0') when measured parallel to the centerline of the street or more than 6 mm (1/4") in 3 m {1 0') when measured perpendicular to the centerline of the street. The use of any equipment that leaves ridges, indentations or other objectionable marks in the pavement shall be discontinued, and equipment capab~e of providing acceptable surface shall l' • ., Revised 11/24/1 0 Contract No. 6604 and 6024 Page 159 of 177 be furnished by the Contractor. This equipment shall meet all requirements of the air pollution control district having jurisdiction. 310-5.6.6 Preparation of Existing Surfaces. Modify the first paragraph as follows: The Contractor shall remove all existing markings and striping, either permanent or temporary, which are to be abandoned, obliterated or that conflict with the plans by wet grinding methods. Removal of striping by high velocity water jet may be permitted when there is neither potential of the water and detritus from the high velocity water jetting to damage vehicles or private property nor to flow from the street into any storm drain or water course and when approved by the Engineer. The Contractor shall vacuum all water and detritus resulting from high velocity water jet striping removal from the pavement immediately after the water jetting and shall not allow such materials to flow in the gutter, enter the storm drain system or to leave the pavement surface. Surface variation limitations for high velocity water jet striping removal shall be the same as for grinding. The Contractor shall not use dry or wet sandblasting in any areas. Alternate methods of paint removal require prior approval of the Engineer. Obliteration of traffic striping with black paint, light emulsion oil or any other masking method other than a minimum 30mm (0.1 0') thick asphalt concrete overlay is not permitted. 310-5.6.7 layout, Alignment, and Spotting. Modify the first paragraph as follows: The Contractor shall establish the necessary control points for all required pavement striping and markings by surveying methods. No layout of traffic striping shall be performed by the Contractor before establishment of the necessary control points. The Contractor shall establish all traffic striping between these points by string line or other method to provide striping that will vary less than 80mm per 100m (1/2 inch in 50 feet) from the specified alignment. The Contractor shall obliterate, straight stripes deviating more than 80mm per 1 OOmm (1/ 2 inch in 50 feet) by wet grinding, and then correcting the markings. The Contractor shall lay out (cat track) immediately behind installation of surface course asphalt and as the work prowesses. 310-5.6.8 Application of Paint. Modify the second paragraph as follows: The Contractor shall apply the first coat of paint immediately upon approval of striping layout by the Engineer. The Contractor shall paint the ends of each median nose yellow. Add the following to the eighth paragraph: The Contractor shall apply temporary traffic stripes in one coat. Temporary traffic stripes shall be maintained by the Contractor so that the stripes are clearly visible both day and night. 31 0-5.6.1 0 Measurement and Payment. Modify the first paragraph as follows: Final and temporary traffic striping, curb markings and pavement markings as shown on the plans and required by the specifications shall be included in the lump-sum price bid for temporary and final traffic striping, and no additional compensation will be allowed therefore. Reapplication of temporary stripes and markings shall be repainted at the Contractor's expense, and no additional compensation will be allowed therefore. The lump sum prices bid and shall include all labor, tools, equipment, materials, and incidentals for doing all work in installing the final and temporary traffic striping. Add the following Section: 310-7 PERMANENT SIGNING Add the following Section: 31 0-7.1 General. Add the following section: The Contractor shall provide and install all permanent traffic control signs at locations shown on plans and as specified herein. -~ f.J Revised 11/24/1 0 Contract No. 6604 and 6024 Page 160 of 177 Add the following section: 310-7.2 Measurement And Payment. Permanent signing and appurtenances thereto shown on the plans or required in the specifications are a part of the lump-sum item for permanent signing and payment therefore shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in supplying and installing permanent signing 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. SECTION 312-PAVEMENT MARKER PLACEMENT AND REMOVAL 312-1 PLACEMENT. Add the following to the third paragraph: 4) When being installed on asphalt concrete pavement sooner than 14 days after placement of the asphalt concrete pavement course on which the pavement markers are to be placed. Add the following section: 312•1.1 Reflective Channelizer Placement and Removal. The Contractor shall place and remove reflective channelizers the same as for pavement marker placement and removal. The Contractor shall place the channelizers uniformly, straight on tangent alignment and on a true arc on curved alignment to the same tolerances of position as for application of paint in section 310- 5.6.8. The Contractor shall perform all layout work necessary to place the channelizers to the proper alignment. 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. When reflective channelizers are removed the pavement surface shall be restored to the same color and surface finish as the adjacent pavement. 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 shail 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 (' fl Revised 11/24/10 Contract No. 6604 and 6024 Page 161 of 177 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. Add the following section: 313-1.3 Channelizers. Channelizers 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 300m (1 000') 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. l"\ • ., Revised 11/24/1 0 Contract No. 6604 and 6024 Page 162 of 177 313-3.1.1 Appearance. Exposed surtaces 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. 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 CAL TRANS 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 (%")thick plate welded on the upper end with a 5-mm e/15") fillet weld. The final surtace finish of temporary railings (Type K) shall conform to the provisions in section 303- 1.9.2 "Ordinary Surtace Finish." Exposed surtaces of concrete elements shall be cured by the water method, the forms-in-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 1 00 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 CAL TRANS 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 (1 0') 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 shaH 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 in 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 . . , "{.+' Revised 11/24/1 0 Contract No. 6604 and 6024 Page 163 of 177 Add the following section: 313-3.2 Temporary Sand-Filled Crash Cushions. Temporary sand-filled crash cushion units shall be "Energite Ill" 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 CAL TRANS 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 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 CAL TRANS 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 lump-sum item for traffic control and payment therefore 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. (\ fl Revised 11/24/1 0 Contract No. 6604 and 6024 Page 164 of 177 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOIR PUBLIC WORKS CONSTRUCTION PART 6, MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES 600-3 RUBBERIZED EMULSION-AGGREGATE SLURRY 600-3.2 Materials add the following: Aggregate for Rubberized Emulsion-Aggregate Slurry shall be Type I Slurry Aggregate. 600-3.4 Application of REAS add to the first paragraphs: No slurry shall be applied until the provisions of subsection 212-1.2.6, Herbicide Application, Section 302-11 Asphalt Concrete Pavement Crack Filling and Sealing, Section 312-3 Pavement Marker Removal have all been satisfied. The Contractor shall remove all existing markings, legends and striping, either permanent or temporary in those areas to be slurried. Removal of striping by high velocity water jet may be permitted when there is neither potential of the water and detritus from the high velocity water jetting to damage vehicles or private property nor to flow from the street into any storm drain or water course and when approved by the Engineer. The Contractor shall vacuum all water and detritus resulting from high velocity water jet striping removal from the pavement immediately after the water jetting and shall not allow such materials to flow in the gutter, enter the storm drain system or to leave the pavement surface. Surface variation limitations for high velocity water jet striping removal shall be the same as for grinding. The Contractor shall not use dry or wet sandblasting in any areas. All cracks and areas between existing curb and gutter and edge of pavement that contain weeds or plant growth of any kind shall be treated with herbicides. Herbicides shall be applied at least 2(two) working days prior to sealing of street. Allowance for the two day period shall be shown in the schedule required per section 6-1. Contractor shall remove any visible plant growth prior to placement of Herbicide. Full compensation for removal of striping and herbicide application shall include but not be limited to: furnishing all labor, tools, equipment, and materials necessary for doing the work and shall be considered as included in the contract unit price bid for Rubberized Emulsion Aggregate Slurry and no additional compensation will be allowed therefore. 600-3.6 Public Convenience and Traffic Control modify the first line with the following: Public Convenience and traffic control shall conform to 302-4.4.4. There shall be no stockpiling of material allowed on City right-of-way. l"\ •+' Revised 11/24/1 0 Contract No. 6604 and 6024 Page 165 of 177 STATE OF CALIFORNIA CITY OF CARLSBAD TECHNICAL SPECIFICATIONS FOR CONSTRUCTION OF ROMERIA STREET CHANNEL IMPROVEMENTS SPECIFICATIONS BY: Rick Engineering Company 5620 Friars Road San Diego, CA 92110 ISSUE FOR CONSTRUCTION Printed: •'\ '-+' Revised 11/24/1 0 Contract No. 6604 and 6024 Page 166 of 177 City ofCarlsbad Romeria Street Drainage Improvements and La Costa Avenue Slope Repair The technical specifications herein have been Prepared by or under the direction of the following Registered Person: ~~ Reg1stered Civil Engineer RCE # 58844 l' •4ti Revised 11/24/10 Contract No. 6604 and 6024 Page 168 of 185 SECTION 00015 LIST OF DRAWINGS PART 1-GENERAL 1.1 DESCRIPTION OF WORK Work includes, but is not necessarily limited to, all related materials, labor, services and equipment to execute the site work as indicated on the drawings, specified herein and as necessary for proper completion. 1.2 REFERENCES A. Standards and Organization 1. Referenced American Society for Testing and Materials (ASTM) Standards. 2. California Stormwater Quality Association, Stormwater Best Management Practice Handbook for Construction (2003 Edition), including 2004 errata. B. Standard Specifications 1. Standard specifications for Public Works Construction 2006 Edition (Greenbook), including the regional and City of Carlsbad supplement. 2. City of Carlsbad Engineering Standards (2004 Edition). 3. California Manual on Uniform Traffic Control Devices (FHW A's MUTCD 2003 Edition, as amended for use in California). 4. State of California Department of Transportation, Standard Specifications (2006 Edition). C. Standard Drawings 1. Regional Standard Drawings (2006 Edition). 2. State of California, Department of Transportation Standard Plans (2006 Edition). {'\ •fi' Revised 11/24/1 0 Contract No. 6604 and 6024 Page 168 of 177 SECTION 02795 POROUS PAVEMENT PART 1 -GENERAL 1.1 General Provisions A. The Conditions of the Contract and all Sections of Division 1 are hereby made a part of this Section. 1.2 Description of Work A. Work Included: 1. Provide and install sandy gravel roadbase as per Geotechnical Engineer's recommendations and/or as shown on drawings, to provide adequate support for project designs loads. See 2.2 Materials. 2. Provide Gravelpave2 Paving products including Gravelpave2 units, anchors and installation per the manufacturer's instructions furnished under this section. 3. Provide and install fine decorative gravel to fill the Gravelpave2 units. B. Related Work: 1. Subgrade preparation under Section 301 of the Standard specifications for Public Works Construction. 1.3 Quality Assurance A. Follow Section 01340 requirements. B. Installation: Performed only by skilled work people with satisfactory record of performance on landscaping or paving projects of comparable size and quality. 1.4 Submittals A. Submit manufacturer's product data and installation instructions. B. Submit a 10" x 10" section ofGravelpave2 product for review. Reviewed and accepted samples will be returned to the Contractor. C. Submit material certificates for base course and sand fill materials. l' • ., Revised 11/24/1 0 Contract No. 6604 and 6024 Page 169 of 177 1.5 Delivery. Storage. and Handling A. Protect Gravelpave2 material units from damage during delivery and store under tarp when time from delivery to installation exceeds one week. 1.6 Project Conditions A. Review installation procedures and coordinate Gravelpave2 work with other work affected. B. All hard surface paving adjacent to Gravelpave2 areas, including concrete walks and asphalt paving, must be completed prior to installation of Gravelpave2. C. Cold weather: 1. Do not use frozen materials or materials mixed or coated with ice or frost. 2. Do not build on frozen work or wet, saturated or muddy subgrade. D. Protect partially completed paving against damage from other construction traffic when work is in progress. E. Protect adjacent work from damage during Gravelpave2 installation. PART 2-PRODUCTS 2.1 Availability A. Manufacturer: (Gravelpave2) Invisible Structures, Inc., 1600 Jackson Street, Suite 310, Golden, CO 80401. Call from USA and Canada 800-233-1510 toll free, (International 303-233-8383), Fax 800-233-1522 (International 303-233-8282). 2.2 Materials A. Base Course: Sandy Gravel material from local sources commonly used for roadbase construction, passing the following sieve analysis. %Passing 100 85 60 30 <3 Sieve Size 3/4" 3/8" #4 #40 #200 1. Sources of the material can include either "pit run" or "crusher run". Crusher run material will generally require sharp sand to be added to mixture (25 to 35% by volume) to ensure long term porosity. l\ •+" Revised 11/24/1 0 Contract No. 6604 and 6024 Page 170 of 177 2. Alternative materials such as crushed shell, limerock, and/or crushed lava may be considered for base course use, provided they are mixed with sharp sand (25 - 35%) to ensure long term porosity, and are brought to proper compaction (Crushed shell and limerock alone can set up like concrete unless sand is added.) B. Gravelpave2 Paving Units: Lightweight injection molded plastic units (20"x20"xl" high, 2.7 ft2 each) with hollow rings rising from a strong open grid with a geotextile fabric heat fused to the bottom of the grid. Units will be shipped in pre-assembled rolls of various dimensions. Loading capability is equal to 5700 psi when filled with sand, over appropriate depth of roadbase. Standard colors are black, gray, terra cotta, and tan, with custom colors available. Unit weight= 19 oz., volume= 8% solid. C. Gravel Fill: Obtain clean, washed, fine decorative gravel, must be sharp and angular (not rounded) stone, granite hardness, to fill the 1" high rings and spaces between the rings, not to be overfilled more than 114". Maximum Size of stone should be: 3/16" to 3/8" and uniform in size -not graded. D. Anchors: Typical anchors shall be 8" long nails with "fender" type washers 5/16" id x 1.25" od, all galvanized metal or similar corrosion resistant coating. Supplied anchors may vary in size and type based on source and availability. PART3-EXECUTION 3.1 Inspection A. Examine subgrade and base course installed conditions. Do not start Gravelpave2 installation until unsatisfactory conditions are corrected. Check for poor drainage, improperly compacted trenches, debris, and improper gradients. B. Installation constitutes acceptance of existing conditions and responsibility for satisfactory performance. If existing conditions are found unsatisfactory, contact Project Manager for resolution. 3.2 Preparation (Ensure that subbase materials are structurally adequate to receive designed basecourse, wearing course, and designed loads. Ensure that grading and soil porosity of the subbase will provide adequate subsuiface drainage.) A. Place base course material over prepared subbase to grades shown on plans, in lifts not to exceed 6", compacting each lift separately to 95% Modified Proctor. Leave 1.0" for Gravelpave2 unit and gravel fill to Final Grade. 3.3 Installation of Gravelpave2 Units A. Install the Gravelpave2 units by placing units with rings facing up, and using small male/female connectors provided along each edge to maintain proper spacing and l' • ., Revised 11/24/10 Contract No. 6604 and 6024 Page 171 of 177 interlock the units. Cutting can be performed with pruning shears and knife, or portable power saw. Units shall be anchored to the base course, using anchors described above, as required to secure units in place from movement by traffic, at an average rate of 6 pins per square yard (high speed, heavy vehicles, fast turning movement will require additional anchors). Tops of rings shall be flush with the surface of adjacent hard surfaced pavements. B. Install gravel into rings after the units are anchored by "backdumping" directly from a dump truck, or from buckets mounted on tractors, with a minimum depth of 6", then exit the site by driving forward over rings already filled. Sharp turning of vehicles on bare rings must be avoided. The gravel is then spread laterally from the pile using power brooms, blades, flat bottomed shovels and/or wide "asphalt rakes" to fill the rings. A stiff bdstled broom should be used for final "finishing". The gravel should be "compacted", if necessary, by using a vibrating plate or small roller, with the finish grade no less than the top of rings and no more than 114" above top of rings. C. If a binder for fill stone is desired (due to traffic speed, concentrated water flow, or other reason), use Portland cement, mixed dry at I 0% by weight with fill stone. Place into rings after thoroughly wetting the base, then lightly mist the surface after fill and compaction. Then, cover with a water resistant tarp, or plastic sheeting material for a minimum period of 3 days, or until the mixture has bonded. 3.4 Cleaning A. Remove and replace segments ofGravelpave2 units where three or more adjacent rings are broken or damaged, reinstalling as specified, with no evidence of replacement. B. Perform cleaning during the installation of work and upon completion of the work. Remove all excess materials, debris, and equipment from site. Repair any damage to adjacent materials and surfaces resulting from installation of this work. ~~ •+' Revised 11/24/10 Contract No. 6604 and 6024 Page 172 of 177 SECTION 02372STORM WATER POLLUTION PREVENTION PART I-GENERAL 1.1 SECTION INCLUDES A. Preparation, implementation and monitoring of Storm Water Pollution Prevention Plan (SWPPP) for the purpose of preventing the discharge of pollutants from the Project site into receiving waters. This includes the elimination of pollution discharges such as improper dumping, spills or leakage from storage tanks or transfer areas. B. Compliance with local, state, and federal regulations. C. Payment of application and annual fees required by the State Water Resources Control Board (SWRCB) until the date of Substantial Completion. D. Certification that the Project has met all of the conditions of the General Construction Activity Storm Water Permit (GCASP). 1.2 RELATED SECTIONS A. GENERAL PROVISIONS Section 2-5.3: Submittals B. GENERAL PROVISIONS Section 8: Facilities for Agency Personnel C.C GENERAL PROVISIONS Section 9: Measurement and Payment PART 2-PRODUCTS 2.1 MATERIALS A. Utilize California Stormwater Quality Association Stormwater Best Management Practice Handbookfor Construction. Download template from http://www.cabmphandbooks.com/Construction.asp PART 3-EXECUTION 3.1 QUALITY ASSURANCE A. Comply with the following as a minimum requirement: 1. The City of Carlsbad Department of Public Works-Development Best Management Practices in accordance with Order no. 2001-01 SUSMP and General Provisions Section 7-8.6. ·~ f.1 Revised 11/24/1 0 Contract No. 6604 and 6024 Page 173 of 177 3.2 PREPARATION AND SUBMITTAL A. Prepare and submit to the OWNER, within fourteen (14) days after the Effective Date of the Contract, four (4) copies of the Storm Water Pollution Prevention Plan (SWPPP) as required to comply with storm water pollution regulations for the Project site. B. Prepare Notice of Intent application. Submit application and application fee made payable to: State Water Resources Control Board. Instructions for completing the application can be found on the State Water Resources Control Board web site. http://www .waterboards.ca.gov/water issues/programs/stormwater/gen const.shtml C. Prepare SWPPP by downloading instructions from the State Water Resources Control Board web site: http://www .waterboards.ca.gov /water issues/programs/stormwater/ gen const.shtml Download template from http://www .cabmphandbooks.com/Constructi on.asp D. Where land disturbance is less than one (1) acre, a SWPPP is not required, however, any BMP's indicated in the BMP required to prevent or minimize storm water pollution shall be implemented at no cost to OWNER. 3.3 IMPLEMENTATION A. Install perimeter controls prior to starting Work at the Project site. B. Certain on-site storm water on the Project site. Do not drain on-site water directly into the storm drain. C. Designate trained personnel for the proper implementation of the SWPPP. D. Revise SWPPP to suit changing Project site conditions and also when properly installed systems are ineffective. E. Upon Substantial Completion: 1. Leave storm water pollution prevention controls in place when required for post- construction storm water management and remove those that are not needed as determined by OWNER. OWNER will maintain prevention controls left in place. 2. Provide Site Monitoring Reports, SWPPP revisions, Compliance Certifications and related documents to OWNER. Post-construction storm water operation and the management plan as mentioned in the compliance certifications are considered to be in place at Final Completion. 3.4 MONITORING A. Conduct examination of pollution prevention controls on a monthly basis, as well as before and after each storm and each day during extended storm events. Prepare and l' •+' Revised 11/24/1 0 Contract No. 6604 and 6024 Page 17 4 of 177 maintain, at the Project site, a log of each inspection using Site Monitoring Report forms. Notify to RWQCB within 30 days if there is any noncompliance. 3.5 LIABILITIES AND PENALTIES A. Review of the SWPPP and inspection log by OWNER shall not relieve CONTRACTOR from liabilities arising from non-compliance of storm water pollution regulations. B. Payment of penalties for non-compliance by CONTRACTOR shall be the sole responsibility of CONTRACTOR. C. Compliance with the Clean Water Act pertaining is the sole responsibility of CONTRACTOR. Any fine against OWNER due to non-compliance by CONTRACTOR, OWNER shall recover all costs of the fine by appropriate assessment. 3.6 CHANGE OF INFORMATION A. Submit to OWNER completed NOI Form for change of information (Construction Site Information and Material Handling/Management Practices). 3.7 ATTACHMENTS A. Attachment A -Compliance Certification. B. Attachment B-Site Monitoring Report. ****** -~ ~J Revised 11 /24/1 0 Contract No. 6604 and 6024 Page 175 of 177 ATIACHMENT "A" GENERAL CONSTRUCTION ACTIVITY STATE OF CALIFORNIA OWNER Project Number STORM WATER PERMIT STATE WATER BOARD COMPLIANCE WDIDNO. Name of Project: Project Description: Contract Number ANNUAL CERTIFICATION I certify the Project has met the following conditions: All elements of the Storm Water Pollution Prevention Plan are in place; construction materials and equipment maintenance waste have been disposed of properly; and the Project site is in compliance with all local storm water management requirements including erosion/sediment control requirements, and the appropriate use permits have been obtained. CONTRACTOR: Print Name: ------------------Title: ________ _ Signature: ------------------Date: ________ _ FINAL COMPLETION CERTIFICATION I certify the Project has been completed and the following conditions have been met: All elements of the Storm Water Pollution Prevention Plan have been completed; construction materials and equipment maintenance waste have been disposed of properly; the Project site is in compliance with all local storm water management requirements including erosion/sediment control requirements and the appropriate use permits have been obtained; and a post-construction storm water operation, and management plan is in place. CONTRACTOR: Print Name: ------------------Title: ________ _ Signature: __________________ Dme: ________ _ l\ • ., Revised 11/24/1 0 Contract No. 6604 and 6024 Page 176 of 177 A TIACHMENT "B II OWNER Project Number STORM WATER POLLUTION STORM PREVENTION SITE MONITORING REPORT STATE OF CALIFORNIA STATE WATER BOARD WDIDNO. Name of Project Project Description: Contract Number I. Type of Examination: (Use one form for each type of examination): 0 Prior to Anticipated Storm Event D After Actual Storm Event D Monthly Event Date Examined: ______ _ I I. Check the response for each SWPPP question below: 1. Do you have an approved Storm Water Pollution Prevention Plan (SWPPP) and a BMP Handbook on the Project site? 2. Does your SWPPP incorporate an up-to-date erosion control plan? 3. Is the erosion control installed per plan? 4. Is the Work at a stage where the erosion control plan cannot be constructed, is the erosion control at the Maximum Extent Practicable for the stage you are in? 5. Did you observe the presence of any floating materials such as oil, grease, pieces of wood, paper, etc., odor, toxics, and/or sediments? NO YES D 0 D 0 D 0 D D D D 6. If yes, what is that you observed? ______________________ _ III. Check the status of the following items as observed: Not Repairs Date Repairs SWPPPitems AcceJ!table AcceJ!table Reguired ComJ!leted 1. De-silting Basins (Cleaned) 0 0 0 2. Water Quality Basin 0 0 0 3. Silt Fences 0 0 0 4. Hay bales/Check dams/Sandbags 0 0 0 5. Berms and Dikes 0 0 0 6. Sand/Gravel Inlet 0 0 0 l\ •+' Revised 11/24/10 Contract No. 6604 and 6024 Page 177 of 177 APPENDIX A CITY OF CARLSBAD ROAD/EASEMENT WORK ABC CONTRACTORS OFFICE# (760}XXX-XXXX FIELD# (760}XXX-XXXX Dear resident/business owner: As a part of the City of Carlsbad's ongoing program to maintain its street and storm drainage system, construction activities will occur in the channel located off La Costa Avenue and Romeria Street and along La Costa Avenue: ABC is the Contractor that will be performing the construction activities for the city and you may call them at the above phone number if you have any questions regarding the project If you have any concerns which cannot be addressed by the Contractor, you may call the City's Project Inspector@ (xxx) xxx-xxxx. Thank you for your cooperation as we work to make a better City of Carlsbad. APPENDIX B CALIFORNIA DEPARTMENT OF FISH AND GAME STREAMBED ALTERATION NO 1600-2010-0315-RS California Natural Resources Agencv DEPARTMENT OF FISH AND GAME South Coast Region 4949 Viewridge Avenue San Diego, CA 92123 (858} 467-4201 www.dfg.ca.gov January 5, 2011 Brianna Wood LSA Associates, Inc. 703 Palomar Airport Road, Suite 260 · Carlsbad, CA 92011 ARNOLD SCHWARZENEGGER, Governor JOHN McCAMMAN, Director Subject: Notification of Lake or Streambed Alteration No. 1600-2010-0315-R5 Romeria Street Drainage improvement Project Dear Mr. Brianna Wood: As the Department of Fish and Game ("Departmene) explained in a previous letter to you dated November 18, 2010, the Department had until January 5, 2011 to submit a draft Lake or Streambed Alteration Agreement ("Agreement") to you or inform you that an Agreement is not required. The Department did not meet that date. As a result, by law, you may now complete the project described in your notification without an Agreement. Please note that pursuant to Fish and Game Code section 1602(a)(4)(D), if you proceed with this project, it must be the same as described and conducted in the same manner as specified in the notification and any modifications to that notification received by the Department in writing prior to January 5, 2010. This includes completing the project within the proposed term and seasonal work period and implementing all avoidance and mitigation measures to protect fish and wildlife resources specified in the notification. If the term proposed in your notification has expired, you will need to re-notify the Department before you may begin your project. Beginning or completing a project that differs in any way from the one described in the notification may constitute a violation of Fish and Game Code section 1602. Also note that while you are entitled to complete the project without an Agreement, you are still responsible for complying with other applicable local, state, and federal laws. These include, but are not limited to, the state and federal Endangered Species Acts and Fish and Game Code sections 5650 (water pollution) and 5901 (fish passage). Finally, if you decide to proceed with your project without an Agreement, you must have a copy of this letter and your notification with all attachments available at all times at the work site. If you have any questions regarding this matter, please contact Darren Bradford at (858) 467- 4223 or DBradford@dfg.ca.gov. ss:Y·~ Darren Bradford Environmental Scientist Conserving Ca{ijomia 's Wift[{ije Since 18 70 APPENDIX C HMP 09-03 ROMERIA STREET CHANNEL IMPROVEMENTS FROM CITY OF CARLSBAD December 7, 2009 Sherri Howard Associate Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 c i t yiL-----_o __ t~,r.:-l;al'l9~ .• ""''11l!;r~lll!,.,.,.r.~!,IIII!I~II!!~·~!!IIPII!!P,."!IJ!Ifi!l!!.~~·,!!llf.J SUBJECT: HMP 09·03-ROMERIA ST CHANNEL IMPROVEMENT The City has completed a review of the application for a Habitat Management Plan Permit to allow the clearing of native habitat and (if applicable) incidental take of species of concern on property generally located south of La Costa Avenue and West of Romeria Street. The proposed project will replace an existing concrete lined drainage channel, splash wall, headwall, and brow ditches. Slope protection will be added to ensure the channel provides adequate flood control for public safety and welfare. Construction and future maintenance access will be provided by grading an all-weather access ramp and pad from La Costa Avenue to the channel. Current maintenance access 'is from Levante Street, approximately 1,500 feet south from the culvert and which is not functional during wet weather condition. Installation of an all-weather access road is a health, safety, and welfare requirement of the City to protect against flooding. The construction of the access road will require a portion of one of the brow ditches to be replaced with an underground reinforced concrete pipe. The project was designed to minimize impacts to biological resources but is constrained by existing factors such as topography, location relative to existing roads, and need for permanent maintenance access. The project takes place in and adjacent to a drainage easement on City-owned property. A Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program have been prepared for the project and circulated for public review and comment. A Notice of Determination will be filed will the County and State pursuant to the provisions of CEQA. It is the Planning Director's determination that: a. the project is consistent with the City's Habitat Management Plan for Natural Communities in the City of Carlsbad (HMP) and Chapter 21.210 of the Carlsbad Municipal Code; and b. there is no substantial evidence the project will have a significant effect on the environment. Therefore, the Planning Director approves this request and adopts a Mitigated Negative Declaration based on the following: ---------·----···----·--·-·····---------------·--- 1635 Faraday i\venue 6 Carlsbad, CA 92008-7314 ~ (760) 602-4600 s FAX (760) 602-8559 * www.ci.carlsbad.ca.us HMP 09-03 -ROMERlA ST CHANNEL IMPROVEMENT December 7, 2009 Page2 Findings: 1. That the Romeria Street Channel Improvement project location is shown in Figure 28 of the approved HMP as Existing Hardline Conservation Area. An equivalency finding .is not required for the following reasons: a. The proposed drainage project does not alter the boundary of the preserve as shown in Figure 28. b. A stated purpose of the HMP is to allow the City to construct public facility and infrastructure projects dictated by the Growth Management Plan. Implementing the Growth Management Plan is the Drainage Master Plan, of which the project is part. c. Drainage projects within preserve areas must be designed to minimize environmental impacts. This project accomplishes that through location, design, and access, as these findings demonstrate. d. Furthermore, the project reduces current preserve impacts by eliminating the lengthy access from Levante Street, which requires traversing several hundred feet of preserve via an undefnned road, and replacing it with a short, all-weather access from adjacent La Costa Avenue. 2. That authorization to impact sensitive habitats through the removal of 0.099 acre of coastal sage scrub, 0.143 acre of nonnative gll'asslands, 0.098 acre of disturbed habitat, 0.003 acre of native grassland, and 0.077 acre of wetlands is subject to continuous compliance with all provisions of the HMP, the Citywide lncide_ntai Take Perrr1it issued for the HMP, the Implementing Agreement, the Terms and Conditions of the Incidental Take Permit, and the Biological Opinion. 3. That authorization to impact sensitiv~ habitats is subject to continuous compliance with all mitigation ·measures as stated in the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and is subject to all conditions contained herein, including but not limited to recordation of conservation easements over all conserved areas and management and monitoring in perpetuity by a qualified conservation entity. 4. That authorization to impact sensitive habitats is subject to continuous compliance with the provisions of Volumes I, II and Ill of the Multiple Habitat Conservation Program and the Final Environmental Impact Statement/Environmental Impact Report for Threatened and Endangered Species Due to Urban Growth within the Multiple Habitat Conservation Program Planning Area (SCH No. 93121073). 5. That all impacts to habitat will be incidental to otherwise lawful activities related to construction and operation of the Romeria Street Channel Improvement project. In addition an objective of the HMP is to allow the City to construct public facility and infrastructure projects dictated by the City's Growth Management Plan, which specifies the City maintain adequate drainage facilities. 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. HMP09-03-ROMERIA ST CHANNEL IMPROVEMENT December 7, 2009 Pa e 3 Specifically, the existing channel is being replaced in the same location which minimizes new impacts. The proposed access road has been designed in the most practical location that minimizes impacts to habitat and reduces the distance equipment has to travel through the preserve. By providing access, the area will be better maintained, which potentially minimizes impacts caused by failure of the drainage facilities. Furthermore, the project site is within a larger area that is under active management and monitoring by the City for its biological/habitat value. 7. That the authorization to impact sensitive habitats as a result of the project will not appreciably reduce the likelihood of survival and recovery of the species in the wild due to: a. compliance with all of the above stated requirements, b. ongoing monitoring and reporting to the wildlife agencies and the public, such as through the Carlsbad HMP Annual Report, c. the location of the project, which is largely disturbed and adjacent to La Costa Avenue and a residential area; and d. the need for only periodic maintenance visits. 8. The project is necessary to complete a capital improvement project identified in the City's Drainage Master Plan (DMP); Because DMP projects are eligible to mitigate certain impacts at the City's Lake Calavera Mitigation Parcel per HMP Appendix 8, this project will mitigate all biological impacts, except to wetlands and occupied coastal sage scrub (if any), at Lake Calavera. 9. Mitigation of habitat impacts, whether at Lake Calavera or as required by relevant agencies, is required by the project's Mitigation Monitoring and Reporting Program (MMRP) and is necessary to ensure consistency with the HMP and General Plan. 10. The Planning Director of the City of Carlsbad does hereby find: a. the Director has reviewed, analyzed, and considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for Romeria Street Channel Improvement -HMP 09-03, the environmental impacts therein identified for this project and any comments thereon prior to APPROVING the project; and b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and c. it reflects the independent judgment of the Planning Director of the City of Carlsbad; and d. based on the EIA and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. HMP 09-03-ROMERIA ST CHANNEL IMPROVEMENT December 7, 2009 Pa e4 Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to clearing of any habitat or issuance of a notice to proceed, whichever occurs first. 1. Approval is granted for HMP Permit 09-03, as shown on Exhibit(s) 'A' -'F', dated November 20, 2009, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown on the approved exhibit(s). Any proposed grading and/or development substantially different from this approval as determined by the Planning Director, shall require an amendment to this Habitat Management Plan Permit. 2. If any of the following conditions fail to occur; or if they are, by their terms, to be 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 revoke or modify all approvals herein granted; deny or further condition issuance of all 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 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 or a successor in interest by the City's approval of this Habitat Management Plan Permit. 3. 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 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. 4. If any conditions for construction of any public improvements or facilities, or the payment 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 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MMRP), and is subject to all conditions contained herein. Applicant shall implement, or cause the implementation oftheMMRP. 6. As a condition of this approval, applicant must comply with the requirements of all ·· regulatory agencies having jurisdiction over the project and any mitigation requirements of the environmental documents for the project. Pursuant to Government Code section 65871 and Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140 applicant shall grant a conservation easement for the conservation, protection, and management of fish, wildlife, native plants and the habitat necessary for bi:ologically sustainable populations of certain species thereof, in accordance with the City's adopted Habitat Management Plan. · HMP 09-03-ROMERIA ST CHANNEL IMPROVEMENT December 7, 2009 Pa e 5 7. Developer shall submit to the Planning Department a reproducible 24" x 36," mylar copy of the approved plans reflecting the conditions approved by the final decision- making body. CITY OF CARLSBAD ~;: 7(i!,;C. /{:,A;;. BARBERIO Assistant Planning Director GTB:CG:It c: Don Neu, Planning Director David de Cordova, Principal Planner Scott Donnell, Senior Planner Chris Garcia, Junior Planner Michele Masterson, Senior Management Analyst File Copy Data Entry APPENDIX D MITIGATED NEGATIVE DECLARATION CASE NO HMP 09-03 FROM CITY OF CARLSBAD David L. Butler COUNTY OF SAN DIEGO ASSESSOR/RECORDER/COUNTY CLERK ASSESSOR'S OFFICE 1600 Pncific Highway, Suile !OJ Son Diego, CA 92101-2480 Tel. (619} 236-3771 * FIIX (619} 557-4056 www.sdurcc.com RECORDERJCOUNTY CLERK'S OFFICE 1600 Pacific Highway, Suile 260 P.O. Box 121750 • San Diego, CA 92112-1750 Tel. (619)237·0502 • Fnx (619}557-4155 Transaction #: 216369320091211 Deputy: LKESIAN Location: COUNTY ADMTNISTRA TION BUILDING 11-Dec-2009 15:44 FEES: 1,993.00 Qty of I Fish & Game NegDec (1800) for Ref# NOD: 090357 50.00 Qty of I Fee Notice of Exemption for Reftl RCT: 1151 ------ 2,043.00 TOTAL DUE PAYMENTS: 2,043.-00 Check 2,043.00 TENDERED SERV1CES AVAILABLE AT OFFICE LOCATIONS • Tax Bill Address Changes * Records and Certified Copies: Birth/ Mruriagel Death/ Real Estate * Fictitious Business Names (DBAs) * Marriage Licenses and Ceremonies * Assessor Parcel Maps * Property Ownership * Property Records * Property Values * Document Recordings SERVICES AVAILABLE ON-LINE AT www.sdarcc.com * Fonns and Applications . * Frequently Asked Questions (FAQs) * Grantor/ Grantee Index * Fictitious Business Names Index (DBAs) * Property Sales * On-Line Purchases Assessor Parcel Maps Property Characteristics Recorded Documents City of Carlsbad IQ61UQUQI•i§.!ijii•I3.;Mj CASE NAME: CASE NO: PROJECT LOCATION: MITIGATED NEGATIVE DECLARATION Romeria Street Channel Improvement HMP09~03 The project is located within APN 223-120-33-00 south of La ICosta A venue and approximately 226 feet west of the center1ine of Roa:neria Street in Carlsbad. CA 92008, within the County of San Diego. PROJECT DESCRIPTION: The City of Carlsbad proposes to replace an existing concrete Hned drainage channel, splash wall, headwall, and brow ditches. Slope protection will be added to ensu.-e the channel provides adequate flood control for public safety and welfare. Construction and I'uture maintenance access will be provided by grading an all-weather access ramp and pad from La .Costa Avenue to the channel. DETERMINATION: The City of Carlsbad has t:onducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environtrlental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result o::f said review, the initial study (EIA Part 2) identified potentiaJiy significant effects on the environmen""'t, and the City of Carlsbad finds as fo1Jows: [8J Although the proposed project could have a significant effect on the environment, there wiiH not be a significant effect in this case because the mitigation measures described on the att::ached sheet have been added to the project. 0 The proposed project MAY have "potentially significant impact(s)" on the environment, out at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicab.le legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. (Mitigated Negative Declaration a:::pplies onJy to the effects that remained to be addressed). 0 Although the proposed project could have a significant effect on the environment, there -wiLL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGA.....TIVE DECLARATION pursuant to applicable standards and (b) ha~e been avoided or mit::igated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGA... TIVE DECLARATION, inc1uding revisions or mitigation measures . that are imposed upc.n the proposed project. Therefore, nothing further is required. A copy of the initial study (EIA Part 2) documenting reasons to support the Negative Declaratioo is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. ADOPTED: December 7, 2009, pursuant to Administrative Approval. DONNEU Planning Director 1A~5 Fl'lradav Avenue • Carlsbad. CA 92008·7314 • (760} 602-4600 • FAX (760) 602·8559 • www.ci.carlsb ad.ca.us @ '0903 57 Notice ofDetermination To: Office of Planning and Research P.O. Box 3044 Sacramento, CA 95812-3044 From: CITY OF CARLSBAD Planning Department 1635 Faraday Avenue SD County Clerk Attn: Anthony J. Consul Mail Stop A-33 1600 Pacific Highway San Diego, CA 92101 .fl! D f1 L§ @ David Buller, Recorder/County Cl~rk DEC 112009 Carlsbad, CA 92008 (760) 602-4600 et lu Kesian DEPUTY Project No: HMP 09-03 Filing of Notic-e of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Romeria Street Channel Improvement Project Title 2009081050 City of Carlsbad, Chris Garcia (760) 602-4622 State Clearinghouse No. Lead Agency, Contact Person Telephone Number The project is located within APN 223-120-33-00 south of La Costa A venue and approximately 226 feet west of the centerline of Romeria Street in Carlsbad, CA 92008. within the County of San Diego. ProJect Locations (include County) Name of Applicant: City of Carlsbad, c/o Sherri Howard Applicant's Address: 1635 Faraday Avenue, Carlsbad, CA 92008 Applicant's Telephone Number: 760-602-2756 Project Description: The City of Carlsbad proposes to replace an existing concrete lined drainage channel. splash wall, headwall, and brow ditches. Slope protection will be added to ensure the channel provides adequate flood control for public safety and welfare. Construction and future maintenance access will be provided by grading an all-weather access ramp and pad from La Costa A venue to the channel. This is to advise that the City of Carlsbad has approved the above described project on December 7, 2009, and has made the fo1lowing determination regarding the above described project. 1. The project will not have a significant effect .on the environment 2. A Mitigated Negative Declaration was prepared for this project pursuant to the provisions ofCEQA. 3. Mhigation measures were made a condition ofthe approval.ofthe project. 4. A mitigation reporting or monitoring plan was adopted for this project. 5. A statement of Overriding Considerations was not adopted for this project. 6. Findings were made pursuant to the provisions of CEQA. This is to certify that the final Mitigated Negative Declaration with comments and responses and record of project approval is available to the General Public at THE CITY OF CARLSBAD. ~ ·!LEU ~N rHE OFFICE ObE~Hf f~~~TY CLERK /z-q-oc; Date Date received for filing at OPR: ~~elurn.zri tn agPtflCY CVl~ Jeputy __ L. 1'\~~~an------------------·Revised December 2004 . . ~ .. ~~;\. ··1-- •J ... ' State ol California-The Resources Ag8.,,_-y DEPARTMENT OF FISH AND GAME 2009 ENVIRONMENTAL FILING FEE CASH RECEIPT RECEIPT# SD2009 1151 ' STATE CLEARING HOUSE #(tt~cab!oJ SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY 2009081050 t.EADAGENCY . CITY OF CARLSBAD CITY OF CARLSBAD COUNTYISTA1EAGENCY OF FILING DEC 15 ZOfl9 SAN DIEGO PROJECTTJTLE PLANNING DEPARTMENT ROMERIA STREET CHANNEL IMPROVEMENT PROJECT APPLICANT NAME CITY OF CARLSBAD CfO SHERR! HOWARD PROJECT APPLICANT ADDRESS IIClTY I STATE 1635 FARADAY AVENUE CARLSBAD CA PROJECT APPLICANT (Check appropnate box): E) local Public Agency 0 School District 0 Other Special District 0 Slate Agency CHECK APPLICABLE FEES: 0 Environmental Impact Report 1Zl Negative Declaration 0 Application Fee Water Diversion (Stale Water Resources Control Board Only) 0 Projects Subject to Certified Regulatory Programs 1ZJ County Administrative Fee 0 Project that Is exempt rrom fees [J Notice of Exemption [J DFG No Effect Determination (Form Allached) 0 Other------------------ PAYMENT METHOD: $2,768.25 $ $1,993.00 s $850.00 $ $941.25 $ $50.00 s s DATE 12-11-2009 DOCUMENT NUMBER 090357 PHONE NUMBER 760·602-2756 ZIPCODE 92008 [J Private Entity $1,993.00 $50.00 ------- 0 Cash 0 Credit IZJ Check 0 Other 196589 TOTALRECEIVED S ____ $2_,0_4_3._00_ l i i :! . L .. Kesian 1 ~----·----.----·----------·----··------·"----··-··--·---···-··-····----·------·----------·-----·-----·------.. ---·--------·----·--· .. ----··-··-.. -·-·----..! .. II IIIII 1111111111111 ORIGINAL· PROJECT APPLICANT COPY· OFGIASB COPY ·LEAD AGENCY COPY· COUNTY CLERK FG 753.5a (Rev.711l!ll Notice of Completion & Environmental Document Transmittal Mail to: Stute Cleuringhouse, P. 0. Box 3044, Sacmmento, CA 95812 • (916) 445-0613 'roject Title: Romeria Street Channel Improvement-HMP 09·03 See NOTE Below: Lead Agency: CITY OF CARLSBAD Contact Person: .:::Cco:h.:...:ri.::..s .:G:::a.:.=rc:.:.:ia"------------1 SCH# ___ _ Street Address: 1635 FARADAY AVENUE Phone: (760) 602-4622 City: CARLSBAD Zip: 92008 County: SAN DIEGO 'P.Iio:fiicr-iocA'i'loN'~------·-------· ......... -·-·-·-····--·-----· ......... -.. -.................... _ ... ____ ._ .......... --·--···--···---·----· .. --··--·--·--·· .. ···-··-...... _ ............ -....... .. County: San Diego City/Nearest Community: ........:C""a'!.!r..:.::ls~b~ad~----------------------­ Cross Streets: La Costa Ave./ Romeria St. Total Acres: .5 Zip Code: 92009 Lat./ Long.: 33°2,'7.5" N/ -1 17°14'42.5" W Assessor's Parcel No. 223-120-33-00 Within 2 Miles: State Hwy #: None Waterways: __,B~a...,t ... ig""u,.,it"'"os,._L.,a""g"""o""'o.:.:.n,._,S""a""n....,M=ar"""c""'o"'""s -=C""'re..,e""k----~--------- Airports: None Railways: None Schools: La Costa Heights Elementary. La Costa Meadows Elementary. El Camino Creek Elementary. Mjssjon Estancia Elementary. La Costa Canyon High School nocuM'E'i'if"rvi>i;··---· .. ··---·---------·---···---···----·---·--.. ·------·-------·--·-· .. ·----·-·-·-----··--·----------------· CEQA: 0 NOP 0 Supplement/Subsequenl NEPA: 0 NOI OTHER: 0 Joinl Document 0 Early Cons 0 EIR (Prior SCH No.) 0 EA 0 Final Document 0 Neg Dec rgj Other: Mitignlcd Neg. Dec. 0 Dmft EIS 0 Other: _____ _ 0 Draft EIR 0 FONSI ........................... -..... ~ ............ -... --... ·-·--· .. -· .. ·-----·--... ·--.... ----·-·--~------.. ·---· .. --.. ·---· ... -·----·-.. ·--.... -._. __ , __________ ..... -----·--· .... -------·-·-· .. ········ .. ----LOCAL ACTION TYPE: 0 General Phm Update 0 General Plan Amendment 0 General Plan Element 0 Community Plan 0 Specific Pion 0 Master Plan D D Planned Unit Development Site Plan 0 Rezone 0 0 0 Prezone Usc Permit Lund Division (Subdivision, Parcel Map, Tract Map, etc.) 0 Annexation 0 Redevelopment 0 Coastal Penni! rgj Other: Habitat Mllilngcment Pion Permit ___ , ...... ----·---·---··-·--··---·-··~--------·----·--·---.. -··-··-----·--···---·-···---·-------··----------·-----·----·-·-.At;VELOPMENT TYPE: 0 Residential: 0 Office: 0 Commercial: 0 Industrial: 0 Educational; 0 Rccrenlionnl: Units Sq. Ft. Sq. Ft. Sq. Ft. Acres Acres. Acres Acres Employees Employees Employees 0 Wntcr Facilities: Type MOD _______ _ 0 Transportation: Type. __________ _ 0 Mining: Mineml._ _______ _ 0 Power: Type Wuus._ ______ _ 0 Waste Treatment: Type __________ _ 0 Hnzardous Water: Type __________ _ 181 Other: Drainage Structure Repnir and Rwlncement O<o-ooNMooo·-------... -........... -....... _.._ _________ .. __ , __ H,....,_.,.. ____ , _____ .. ___ .. ____ ,, ___ _,,,,_ .. _..,,,,,_,, .. ____ , ... ..., ........ , ..... _____ o_o ______ ,,. ___ , PROJECT ISSUES DISCUSSED IN DOCUMENT: 0 Acstbetic!Visual 0 Flood Plain/Flooding 0 Schools/Universities (8] Water Quality D Agricultural Lund D Forest Lund/Fire Hazard D Septic Systems D H10 Supply/Grouml 1-hO D Air Quality 18.1 Geological/Seismic 0 Sewer Capacity 181 W etlnnd/Ripnrian [8J Archacologicalll~istorical 0 Minerals {2$1 Soil Erosion/Compaction/Grading l8l Wildlife ;0 Coastal Zone 0 Noise D Solid Waste 0 Growth Inducing iD Drainage/ Absorption 0 Population/Hsg. Balance D Toxic/Hazardous 181 Lund Use D Economic/Jobs 0 Public Services/Facilities 0 Traffic/Circulation 0 Cumulative Effect 0 fiscal 0 Recreation/Parks 18] Vegetation 0 Other: Open Space, Existing Drainage I OS -Open Space I OS -Open Space "P'rof;~-t riescriptio.il! .............. -............................. _. __ ........ -.......... -·-··--···--·····-.. ····--··· .. ----·-··-·-·-· .. ·--·-· .. ·-·······-·-.. -·-·· ...................... _ ...... __ . _____ ._ .......... _. ___ .... _ .......... .. The City of Carlsbad proposes to replace an existing concrete lined drainage/channel, splash wnll, headwall, and brow ditches. Slope protection will dded to ensure the channel provides adequate flood control for public safely and welfare. Construction and future maintenance access will be .vidcd by grading an ull-wcuthcr ilCcess rump and pud from La Costil Avenue to the channel. NOTE: Clearinghouse will assign identification numbers for all new projects. If n SCH number already exists for n project (e.g. from a Notice of Preparation or previous drnfl document) please fill it in. January 2008 Reviewing Agencies Checldist Resources Agency __ Boating & Waterways __ Coastal Commission __ Coastal Conservancy _Colorado River Board __ Conservation, Dept. of _s_Fish & Game __ Forestry & Fire Protection __ Office of Historic Preservation __ Parks & Recreation __ Reclamation Board __ S.F. Bay Conservation & Development Commission __ Water Resources (DWR) Business, Tnmsportation & Housing __ Aeronautics __ California Highway Patrol __ CAL TRANS District# ____ _ _ Department of Transportation Planning (headquarters) __ Housing & Community Development __ Food & Agriculture Health & Welfare __ Health Services, __________ _ State & Consumer Services __ General Services __ OLA (Schools) ( Form A, continued KEY S = Document sent by lead agency X= Document sent by SCH o,,. Suggested distribution Environmental Protection Agency ___ Air Resources Board ___ California Waste Management Board ___ SWRCB: Clean Water Grants ___ .SWRCB: Delta Unit ___ SWRCB: Water Quality ___ SWRCB: Water Rights __,S,.____Regional WQCB # _9__ (San Diego) Youth & Adult Corrections ___ Corrections lndepcndelllt Commissions & Offices ___ Energy Commission ___ Native American Heritage Commission ___ Public Utilities Commission ___ ,Santa Monica Mountains Conservancy ___ ,state Lands Commission ___ Tahoe Regional Planning Agency ___ Other ____________ _ -.------------------------..... -.. ---------......... -------... Public Review Period (to be filled in by lead agency) Starting Date: August 14, 2009 Signature ~~ltC}A < Ending Date: Septemlber 13. 2009 Date------------------- ----------------~--~--~------------------------ Lead Agency (Complete if app1icable): Consulting Firm: ' Address: _________________ _ City/State/Zip:--------------- Contact: _______ ...,------------ Phone: L._j ---------------- Applicant:, _______________ _ Address:----------------- City/State/Zip:--------------- Phone: L_j --------------- For SCH Use Only: Date Received at SCH ---------- Date Review Starts:----------- Date to Agencies------------ Date to SCH ------------- Clearance Date----.,...--------- Notes: SITE MAP • N NOT TO SCALE Romeria Street C,hannel Improvement HMP 09-03 Cit of CASE NAME: CASE NO: PROJECT LOCATION: NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION Romeria Street Channel Improvement HMP 09-03 The project is located within APN 223-120-33-00 south of La Costa Avenue and approximately 226 feet west of the centerline ofRomeria Street in Carlsbad, CA 92008, within the County of San Diego. PROJECT DESCRIPTION: The City of Carlsbad proposes to replace an existing concrete lined drainage channel, splash wal1, headwall, and brow ditches. Slope protection will be added to ensure the channel provides adequate flood control for public safety and welfare. Construction and future maintenance access will be provided by grading an all-weather access ramp and pad from La Costa A venue to the channel. PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental QuaUty Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the City that the project ''as revised" may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration will be recommended for adoption by the City of Carlsbad Planning Director. A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Mitigated Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Pursuant to Section 15204 ofthe CEQA Guidelines, in reviewing Mitigated Negative Declarations, persons and public agencies should focus on the proposed finding that the project will not have a significant effect on the environment. If persons and public agencies believe that the project may have a significant effect, they should: (1) identiiy the specific effect; (2) explain why they believe the effect would occur; and (3) explain why they believe the effect would be significant. Please submit comments in writing to the Planning Department within 30 days of the date ofthis notice. The proposed project and Mitigated Negative Declaration are subject to review and approval/adoption by the City of Carlsbad Planning Director. If you have any questions, please call Chris Garcia in the Planning Department at (760) 602-4622. PUBLIC REVIEW PERIOD August 14. 2009 -September 13, 2009 PUBLISH DATE August 14.2009 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carJsbad.ca.us @1 CASE NAME: CASE NO: PROJECT LOCATION: ( MITIGATED NEGATIVE DECLARATION Romeria Street Channel Improvement HMP09-03 The project is located within APN 223-J 20-33-00 south of La Costa A venue and approximately 226 feet west of the centerline of Romeria Street in Carlsbad. CA 92008, within the County of San Diego. PROJECT DESCRIPTION: The City of Carlsbad proposes to replace an existing concrete lined drainage channel, splash wall, headwall, and brow ditches. Slope protection will be added to ensure the channel provides adequate flood control for public safety and welfare. Construction and future maintenance access will be provided by grading an all-weather access ramp and pad from La Costa A venue to the channel. DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, and the City of Carlsbad finds as follows: · !ZJ . Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on the attached sheet have been added to the project. 0 The proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact I) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. {Mitigated Negative Declaration applies only to the effects that remained to be addressed). 0 Although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATJON pursuant to applicable standards and (b) have been avoided or mitigated. pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. A copy of the initial study (EIA Part 2) documenting reasons to support the Negative Declaration is on file in the Planning Department, 1635 Faraday A venue. Carlsbad, California 92008. ADOPTED: [CLICK HERE date] . pursuant to Administrative Approval. ATTEST: DONNEU Planning Director ENVIRONMENTAL IMP ACT ASSESSMENT FORM-INITIAL STUDY (TO BE COMPLETED BY THE PLANNING DEPARTMENT) BACKGROUND I. CASE NAME: Romeria Street Channel Improvement CASE NO: ~H=M:.e...P"""'0-"-9--""03=-----­ DA TE: August 5, 2009 2. LEAD AGENCY NAME AND ADDRESS: City of Carlsbad Engineering Department 3. CONTACT PERSON AND PHONE NUMBER: Chris Garcia, Junior Planner (760) 602-4622 4. PROJECT LOCATION: The project is located within APN 223-120-33-00 south of La Costa Avenue and approximately 226 feet west of the centerline of Romeria Street in Carlsbad, CA 92008, within the County of San Diego. 5. PROJECT SPONSOR'S NAME AND ADDRESS: City of Carlsbad Engineering Department, 1635 Faraday Avenue, Carlsbad. CA 92008. 6. GENERAL PLAN DESJGNATION: ....;::O:<.I'p=e..,_n =Sp"""a=c"'-e ...,.CO=S"""l.'------------- 7. ZONmG:~Q~p=en~S~p=a=ce~<=O=S)~------------------------------------------­ OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED California Department ofFish and Game (CDFG). United States Army Corps of Engineers CUSACEl. and California Regional Water Qua1ity Control Board (RWQCB). · PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: Project Description The City of Carlsbad proposes to replace an existing concrete lined drainage channel, splash wall, headwaJJ, and brow ditches. Slope protection will be added to ensure the channel provides adequate flood control for public safety and welfare. Construction and future maintenance access will be provided by grading an aU-weather access ramp and pad from La Costa Avenue to the channel. Current maintenance access is from Levante Street, approximately 1,500 feet south from the culvert and is not functional during wet weather condition. lnstaJJation of an all-weather access road is n health, safety. and welfare requirement of the City to protect against flooding. The construction of tile access road will require a portion of one of the brow ditches to be replaced with an underground reinforced concrete pipe. The project was designed to minimize impacts to biological resources but is constrained by existing factors such as topography, location relative to existing roads, and need for pennanent maintenance access. The project takes place in and adjacent to a drainage easement on City-owned property. Site Description and History I-IMP 09~03 Rorneria Street Channel Improvement The project is located near the intersection of La Costa A venue and Romeria Street in the City of Carlsbad. Specifically, tbe project is located in Section 36, Township 12 South, Range 4 West, SBBM. The project is bounded by vacant lots, residential deve]opment, and Romeria Street to the east, La Costa Avenue to the north, and vacant lands and residential development to the west and south. The existing drainage channel was constructed in 1972. Since then, the channel has been subject to undermining and several portions of the concrete Jining are missing or severely damaged. A reinforced concrete pipe culvert with a 48-inch-diameter pipe conveys storm flows from the existing concrete drainage under La Costa Avenue, where the drainage continues north approximately 850 feet and outlets into San Marcos Creek. The project is necessary to complete project D~CIP I 0 of the City of Carlsbad Drainage Master Plan dated July 2008 and is a covered project, as listed in Appendix B of the City·of Carlsbad Habitat Management Plan, eligible to mitigate applicable impacts at the City's Lake Calavera Mitigation Parcel. Permitting The project will require the following permits: a Habitat Management Plan (HMP) Pem1it issued by the City of Carlsbad to ensure compliance with the HMP, a 1602 Streambed Alteration Agreement from the California Department of Fish and Game (CDFG), a 404 permit from the United States Army Corps of Engineers (USACE), and a 401 permit from the California Regional Water Quality Control Board (RWQCB). Construction. Description The Romeria Street Channel Improvements replace 226 linea] feet of brow ditch and 360 Jineal feet of concrete lined channel. Tl1e original channel was constructed in 1972 as part of the La Costa Vale Unit No. l project. The project also adds a more practical access than the existing access road from Levante Street. The existing access road to the channel is approximately I ,500 Jineal feet and is not an all-weather access road. The condition of the access road in the vicinity of La Costa A venue has made it difficult and often times impossible for crews to properly maintain the channel. The project proposes an all weather, porouS-:surfaced (reinforced gravel), access road off La Costa Avenue. The access road is 100 feet long with turnaround appropriate for maintenance vehicles, The footprint of the proposed maintenance road is 3,000 square feet. The project will require construction equipment appropriate to work in a saturated soil condition. Traditions] construction equipment will be used in the upland areas, It is anticipated construction wiiJ take 90 working days. Construction activities will incJude the removal of the existing damaged channel and brow ditch and removal of the top one foot of saturated soils. The saturated soils will be replaced by crushed rock to provide a stable work area for the installation of the concrete brow ditches and channel. Additionally, an all-weather access road will be constructed from La Costa A venue. The all weather access road will be constructed using a GraveiPave product. GraveiPave will allow storm water to percolate through the open surface. The surface can be hydroseeded with vegetation that can accept vehicle traffic. All construction activities and staging will occur within the work area identified on the plans. Routine maintenance, largely consisting of trash, debris and sediment removal, will occur approximately once a year on a needed basis. It is anticipated construction will begin in September 2010. 2 Rev. 02/15/08 Environmental Setting and Surrounding Land Uses HMP 09-03 Romeria Street Channel Improvement The construction area is located in and adjacent to an existing drainage easement and HMP hardline open space which is surrounded by urban uses. The project area contains the existing drainage structures, coastal sage scrub, disturbed habitat, disturbed wetlands, nonnative grassland, and native grassland. The proposed project will replace existing drainage structures in the open space, as well as add slope protection and a maintenance road and pad. The project site is bordered by La Costa Avenue to the north, single-family homes and vacant residential lots on Romeria Street to the east, and open space to the south and west. 3 Rev. 02/15/08 Vicinity Map 4 • N HMP 09-03 Romerin Street Channel Improvement NOT TO SCALE Rev. 02/15/08 Work Boundary 5 HMP 09-03 Romeria Street Channel Improvement Rev. 02/15/08 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: HMP 09-03 Romeria Street Channel Improvement The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. 0 Aesthetics D Agricultural Resources D Air Quality fZI Biological Resources 13] Cultural Resources ~ Geology/Soils 0 Noise 0 Hazards/Hazardous Materials 0 Population and Housing ~ Hydrology/Water Quality [g) Land Use and Planning D Mineral Resources J2J Mandatory Findings of Significance 6 0 Public Services D Recreation 0 Transportation/Circulation 0 Utilities & Service Systems Rev. 02/15/08 DETERMINATION. (To be completed by the Lead Agency) !·IMP 09-03 Romeria Street Channel Improvement 0 I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. 0 I find that the proposed project MAY have a significant .effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. 0 I find that the proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A Negative DecJaration is required, but it must analyze only the effects that remain to be addressed. 0 I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentiaJly significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. Date ' Date 7 Rev. 02/15/08 ENVIRONMENTAL IMPACTS l-IMP 09-03 Romeria Street Channel Improvement STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment (EIA} to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declara~ion, or to rely on n previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. • "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not significantly adverse, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant leveJ. • "Potcntia11y Significant Impact" is appropriate if there is substantial evidence that an effect is significantly adverse. · • Based on an "EIA-Initial Study", if a proposed project could have a potentially significant adverse effect on the environment, but all potentially significant adverse effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declnration, including revisions or mitigation measures that are imposed upon the proposed project, and norie of the circumstances requiring a supplement to or supplemental ElR are present and nil the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required. • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant adverse effect has been analyzed adequately in an earlier EJR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any ofits aspects niny cause a significant adverse effect on the environment. • Ifthere are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. 8 Rev. 02/15/08 HMP 09·03 Romeria Street Channel Improvement • An EIR !.!!.!ill be prepared if "Potentially Significant Impact" is checked, and including but not limited to the foiJowing circumstances: (1) the potentially significant adverse effect has not been discussed or mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the adverse impact to less than significant; (2) a "Statement of Overriding Considerations" for the significant adverse impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to less thrun significant; or (4) through the EIA~Initial Study analysis it is not possible to detennine the level of significa111ce for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at1ter each related set of questions. Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined significant. 9 Rev. 02115/08 1. AESTHETICS-Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic bui1dings within~ State scenic highway? c) Substantially degrade the existing visual character or quality of the site. and its surroundings? d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? a) Have a substantial adverse effect on a scenic vista? Potentially Significant Impact 0 0 D 0 HMP 09-03 Romeria Street Chnnnel Improvement Potentially Less Than No Significant Significant Impact Unless Impact Mitigation Incorporated D D !8J 0 0 (8J 0 0 0 0 No Impact. The project site is located within an HMP hardline open space preserve area adjacent to La Costa Avenue. La Costa Avenue is identified in the City's General Plan Circulation Element as a scenic roadway. The site as viewed from La Costa Avenue has a clear view of the open space preserve area as well as some of the existing drainage structures at or below grade. The proposed project is located in a scenic area but wiJI not significantly impact the view shed from any surrounding area. No new above~ground structures are proposed as part of the project with the exception of a slight existing grade change for the access road that will not obstruct views. Therefore, the project will not result in a significant impact on any scenic vista. b) Substantial1y damage scenic resources, including but not limited to, trees, rocl( outcroppings, and historic buildings within a State scenic highway? No Impact. The proposed improvements are not within the viewshed of an officially designated state scenic highway. As a result, no impacts would occur. c) Substantially degrade the existing visual character or quality of the site and its surroundings? Less Than Significant Impact. The project involves tl1e replacement of existing at~grade drainage structures and addition ofsJope protection and a new maintenance access road. The pcnnanent visual character ofthe site will not be changed in any substantive way through implementation of the project. Temporary visual impacts would involve the staging of equipment during the construction period. ·only a small amount of existing vegetation will be removed, and it is concluded that the project will not substantially degrade the existing visua) character or quality of the site and its surroundings. d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views In the area? No Impact. The project does not require nor propose artificial lights and all project features will be near or below existing grade and not of a material that would create a new source of substantial light and glare. lt is concluded that the proposed project will not result in a new source of substantial light and glare and will not affect day or nighttime views in the area. As a result, no impacts would occur. 10 Rev. 02/15/08 II. AGRICULTURAL RESOURCES -In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model ( 1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Fnnnland, or Farmland of Statewide Importance (Farmland), as shown on the mnps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non·ngricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) lnvolve other changes in the existing environment, which, due to their location or nature, could result in conversion ofFannland to non-agricultural use? Potentially Significant Impact 0 0 0 HMP 09-03 Romeria Street Channel Improvement Potentially Significant Unless Mitigation Incorporated 0 0 0 Less Than No Significant Impact Impact 0 0 0 a) Convert Prime Farmland, Unique Farmland, or Farmland or Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non~agriculturnl use? No Impact. No part of the subject site is designated as Prime Farmland on the "California Department of Conservation -San Diego County Important Farmland" exhibit daled August 2008. No agricultural farming occurs in the area of the project at this time. It is concluded that the project will have no impact on Prime Farmland or FarmJand of Statewide Importance, as indicated on the State maps. b) Conflict with existing zoning for agricultural use, or n Williamson Act contract? No Impact. The subject project is located on property that is zoned for Open Space (OS) and is currently HMP hardline open space preserve area. Although the current zoning allows for agricultural use, the property is designated as one of the City's HMP hardJine open space preserve areas. The site is on property not established for pennanent agricultural uses and no Wil1iamson Act contract encumbers the property. No significant effect on agricultural uses will result from implementation of the project. As a result, no impacts would occur. c) lnvoh•e other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non~ngricuftural use? No Impact. Please refer to the preceding response. The proposed project will not take place on property established for pennanent agricultural uses. No effect on agricultural uses will result from implementation of the project. 11 Rev. 02/15/08 Ill. AIR QUALITY • (Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following detenninations.) Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard ·or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non·attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Potentially Significant Impact 0 0 0 D 0 HMP 09-03 Romeria Street Channel Improvement Potentially Significant Unless Mitigation Incorporated D 0 0 0 0 Less Than No Significant Impact Impact 0 0 0 0 0 n) Con Diet with or obstruct implementation of the applicable air quality plan? No lmpact. The project site is located in the San Diego Air Basin which is a state non-attainment area for ozone (03) and for particulate matter less than or equal to 10 microns in diameter (PM10). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies {RAQS) developed jointly by the Air Pollution Control District {APCD) and the San Diego Association of Governments (SANDAG). A Plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state- mandated plan. This local plan was combined with plans from all other California non-attainment areas having serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by the Air Resources Board (ARB) after public hearings on November 91h through I 0111 in I 994, and was fonvarded to the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996. The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that arc incorporated into the air quality planning document. These growth assumptions are based on each city's and the County's general plan. If a proposed project is consistent with its applicable General Plan, then the project presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that the project would not have an adverse regional air quality impact. Section 15125(8) of the State of California Environmental Quality Act (CEQA) Guidelines contains specific reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality 12 Rev. 02/15/08 ( HMP 09-03 Romeria Street Channel Improvement management plan .. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The California Air Resources Board provides criteria for determining whether a project conforms with the RAQS which include the following: • Is a regional air quality phm being implemented in the project area? • Is the project consistent with the growth assumptions in the regional air quality plan? The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being implemented. The project is consistent with the regional air quality plan and will in no way conflict or obstruct implementation of the regional plan. b) Violate any nir qunJity standard or contribute substantially to an existing or projected nir quality violation? Less Than Significant Impact. The closest air quality monitoring station to the project site is at Camp Pendleton. Data available for this monitoring site from 2000 through December 2004 indicate that the most recent air quality violations recorded were for the state one hour standard for ozone (a total of 10 days during the 5-year period). No other violations of any .air quality standards have been recorded during the S·year time period. The project would involve minimal short-term emissions associated with grading and construction. Such emissions would be minimized through standard construction measures such as the use of properly tuned equipment and watering the site for dust control. Long-term emissions associated with tmvel to and from the project will be minimal as only periodic maintenance visits would be necessary. Although air pollutant emissions would be associated with the project, they would neither result in the violation of any air quality standard (comprising only an incremental contribution to overall air basin quality readings), nor contribute substantially to an existing or projected air quality violation. Any impact is assessed as Jess than significant. c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non·nttainment under an applicable federal or state ambient air quality standard? Less Than Significant Impact. Tite air basin is currently in a state non-attainment zone for ozone and suspended fine particulates. The proposed projel:t would represent a contribution to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, however, emissions associated with the proposed project would be minimal. Given the limited emissions potentially associated with the proposed project, air quality would be essentially the same whether or not the proposed project is implemented. According to the CEQA Guidelines Section 1 5130(a)(4), the proposed project's contribution to the cumulative impact is considered de mininms. Any impact is assessed as tess than significant. d) Expose sensitive receptors to substantial pollutant concentrations? No impact. As noted above, the proposed would not result in substantial pollutant emissions or concentrations. In addition, there are no sensitive receptors (e.g., schools or hospitals) located in the vicinity of the project. No impact is assessed. e) Create objectionable odors affecting a substantial number of people? No Impact. The construction of the proposed project could generate fumes from the operation of construction equipment, which may be considered objectionable by some people. Such exposure would be short-term or transient. In addition. the number of people exposed to such transient impacts is not considered substantial. 13 Rev. 02/15/08 IV. BIOLOGICAL RESOURCES -Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by CaUfornia Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on· any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department ofFish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act {including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Potentially Significant Impact D D D D D 0 HMP 09-03 Romeria Street Channel Improvement Potentially Significant Unless Mitigation Incorpornted D 0 0 Less Than No Significant Impact Impact 0 D 0 D 0 D D 0 0 a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensith•e, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? Potentially Significant Unless Mitigation Incorporated. A Biological Resources Report of the proposed project was prepared by LSA Associates, Inc., dated November 2008. According to this report, California adelphia, a California Native Plant Society (CNPS) List 2 plant species, is located on site as a dominant component of the coastal sage scrub (CSS) community. However, no protections are afforded to CNPS List 2 species or species with a CDFG Special Plant (SP) designation under the HMP. No special-status wildlife species were identified on site. Potentially suitable habitat for coastal California gnatcatcher was identified on site. Indirect impacts to coastal California gnatcatcher could occur due to construction disturbance and Joss of CSS habitat. The project area is not located in a Core or linkage area, has fragmented habitat that is isolated from larger patches, and no observation of coastal California gnatcatchers have been recorded by LSA Biologists in the project study area. Additionally, protocol surveys were conducted by the City of Carlsbad's preserve manager in April 2009 for CAGN and none were observed on the site. However, to be consistent with the 14 Rev. 02/15/08 HMP 09-03 Romeria Street Channel Improvement goals of the HMP, impacts to habitat within a hardline preserve area that potentially could support coastal California gnatcatcher will be subject to HMP mitigation requirements of 1: I for non-occupied habitat and 2: I if occupied by coastal California gnatcatcher. The "occupied" ratio will apply if biologists detect gnatcatchers during pre- construction surveys in the bird breeding season or if the birds are "flushed-out" by a biologist ahead of construction equipment during non breeding season. The project is necessary to complete project D-CIPIO of the City of Carlsbad Drainage Master Plan dated July 2008 and because the project is a covered project, as listed in Appendix B of the City of Carlsbad Habitat Management Plan, it is eligible to mitigate impacts to 11non occupied" Coastal Sage Scrub, non-native and native grasslands, and disturbed habitat at the City's Lake Calavera Mitigation Parcel. The mitigation measures listed below and in the attached Mitigation Monitoring and Reporting Program detail these requirements. BIO-I Implementation of construction, clearing of vegetation, or project maintenance within the project impact footprint shall occur outside the breeding season (February I 5 through September 15). The USFWS will be notified at least seven days before clearing and grubbing begins. During construction conducted outside the breeding season, a qualified biologist shall walk the area directly ahead of construction equipment to llush birds from the area. The biologist will immediately report to the USFWS the number and location of any federally listed birds disturbed by clearing and grubbing. No gnatcalchers will be injured or killed. If construction, clearing of vegetation, or maintenance must commence during breeding season, then the City shall have a qualified biologist conduct a preconstruction survey for nesting birds, including raptors, within three days of construction. Should nesting birds be detected within ){10 feel oflhe project impact footprint, the USFWS will be notified immediately ofany federally listed species that are located during the preconstruction survey. A qualified biologist shall then establish suitable buffer area (at least 300 feel) within which no construction activity may take place until the nest is no longer active. Alternatively, the City can conduct surveys for coastal California gnatcntcher to determine presence during the breeding season as described below. Work may be allowed if no gnatcalchers are present. If construction or maintenance activities are necessary during the breeding season, a qualified biologist will conduct a focused species coastal California gnatcatcher survey in appropriate habitat within and surrounding the project area. The surveys will consistofthree visits, one week apart; the last of these will be conducted no more than three days prior to construction or maintenance, as required by the Guidelines for Biological Studies (City of Carlsbad 2008). During the breeding season, construction noise shall be monitored regularly to maintain a threshold at or below 60 dBA hourly Leq within 300 feet ofbreeding habitat occupied by listed species. If noise levels supersede the threshold, the construction array will be changed or noise attenuation measures will be implemented, as recommended in the Guidelines for Biological Studies (City of Carlsbad 2008). b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildlife Service? Potentially Significant Unless Mitigation Incorporated. As discussed above, a Biological Resources Report of the proposed project was prepared by LSA Associates, Inc. According to this report, vegetation which would be impacted through implementation of the project includes Developed Lands (DEY), Coastal Sage Scrub (CSS}, disturbed habitat (DIS), disturbed wetlands (DWT), non-native grassland (NNG), a11d native grassland (NG). Under California regulntions, CSS and NO are considered a special-status habitat and require mitigation. Impacts to DIS, DWT, and NNG are required to be mitigated according to the HMP. The mitigation measures are listed below and in the attached Mitigation Monitoring and Reporting Program. The table below lists the impacts of each project component to vegetation communities on site and HMP required mitigation ratios. 15 Rev. 02/15/08 VEGETATION COMMUNITY SYMBOL Developed (Concrete~ lined DEY channel} Coastal Sage Scrub css Disturbed Habitat DIS Disturbed Wetlands DWT Nonnative Grassland NNG Native Grassland NG IMPACT AREA 0.070 acre 0.099 acre 0.098 acre 0.077 acre 0.143 acre 0.003 acre HMP 09~03 Romeria Street Channel Improvement HMP MITIGATION REQUIREMENTS No Mitigation Requirements 1:1 (0.099 acre) 0. J: 1 (0.0098 acre) No net loss; 1: I 0.5: I (0.072 acre) 3: l (0.009 acre) BIO-2 Habitat restoration or enhancement will be performed to meet the HMP requirements for impacts to coastal sage scrub, native grasslands, and nonnative grasslands. Mitigation will be required on site or off site through preservation, creation," or restoration of habitat In accordance with the mitigation ratios listed in the HMP. Mitigation for impacts to unoccupied coastal sage scrub, nonnative grassland, and disturbed lands may be fulfilled with out~of-kind mitigation if they are contributing to assembly of a large contiguous habitat parcel, as discussed in Table 11 of the HMP. The City will be responsible for providing mitigation pursuant to the HMP prior to issuance of notice to proceed: A. For 0.099 acre of impacts to coastal sage scrub habitat, mitigation at a 1: I mtio (0.099 acre, or approximately 4,312 square feet) for scrub unoccupied by coastal California gnatcatcher, oro. 2: I ratio {0.198 acre, or approximately 8,625 square feet) for occupied coastal sage scrub. Mitigation for unoccupied habitat will be achieved via credits from the City's Lake Calavera Mitigation Parcel while any occupied habitat mitigation will be achieved via on site <:reation or restoration, or in another suitable area approved by the appropriate resource agencies. Creation or restoration shall occur based on an approved plan, shall occur under the direction of a professional biologist, and shall be subject to monitoring for a period of approximately 3 to 5 years, as directed by the appropriate agencies. B. For 0.143 acre of impacts to nonnative grasslands, mitigation at n 0.5:1 ratio (0.072 acre, or approximately 3,136 square feet). Mitigation wi11 be achieved via credits from the City's Lake Calavera Mitigation Parcel. C. For 0.098 acre of impacts to disturbed habitat, mitigation at a 0.1: l ratio (0.0098 acre, or approximately 427 square feet). Mitigation will be achieved via credits from the City's Lake Calavera Mitigation Parcel. D. For 0.003 acre of impacts to native grasshmd, mitigation at a 3: I ratio {0.009 acre, or approximately 392 square feet). Mitigation will be achieved via creation at the City's Lake Calavern Mitigation Parcel. BJO - 3 Prior to any site construction activities, including grading, clearing, or placement of materials or equipment, a construction fence shall be installed at the project limits adjacent to sensitive, native plants so as to cJearly delineate the grading limits and to insure additional impacts do not occur. This mostly applies to the northwest and southwest portions ofthe project boundary. c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 or the Clean Water Act (including but not limited to· marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? · l~otentially Significant Unless Mitigation Incorporated. Jurisdictional wetlands as defined by Section 404 of the CWA occur in the project area. This includes disturbed wetlands as well as non~wetland waters. The non-wetland waters will not be permanently disturbed as the non-wetland waters are identified as the relatively permanent water in the concrete drainage channel which is being replaced. The disturbed wetland area will be pennanently impacted as a result of the project's maintenance access road. However, wetlands and jurisdictional habitat impacted by the project construction will be replaced to ensure no net loss of wetland resources. The project, with mitigation, will comply with Section 404 of the Clean Water Act. The mitigation measure is listed below and in the attached Mitigation Monitoring and Reporting Program. 16 Rev. 02/15/08 HMP 09-03 Romeria Street Channel Improvement BJO - 4 Habitat restoration of creation will be prcfonned to meet the HMP requirements for impacts to wetlands. Mitigation will be on site or ofT site through creation or restoration of habitat in accordance with the mitigation ratio listed in the HMP. Creation or restoration shall occur bused on an approved plan, shall occur under the direction of a professional biologist, and shall be subject to monitoring for a period of approximately 3 to 5 years, as directed by the appropriate agencies. The City will be responsible for providing mitigation pursuant to the l-IMP prior to issunnce of notice to proceed: A. For 0.077 acre of impacts to disturbed wetlands, mitigation at a 1:1 ratio (0.077 acre, or approximately 3,354 square feet). Wetland mitigation will be achieved via on site creation or restoration, or in another suitable area approved by the appropriate resource agencies. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established mativc resident or migratory wildlife corridors, or impede the usc or native wildlife nursery sites? Less Than Significant Impact. Based on the fragmented nature of habitat within the project study area, close proximity of the project to an urban area, and minimal nature of the project impacts, the project will not substantially limit wildlife movement or impede the use of native wildlife nursery sites. c) Connict n·ith any local policies or ordinances protecting biological resources, such as a tree prcsen·ation policy or ordinance? No lmpnct, The City of Carlsbad has no adopted tree preservation policy or ordinance whic1l would affect the subject project. There are no significant trees that would be impacted by the project. In addition, the project would not conflict with the Carlsbad HMP. The subject project will not impact trees or other biological resources protected by policy or ordinance except as othcnvise described above. As a result, no impacts would occur. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Less Thnn Significant Impact. The City of Carlsbad HMP designates a natural preserve system and provides a regulatory framework for determining impacts to sensitive biological resources and assigning mitigation for any impacts that do occur. No other local, regional, or state habitat conservation plans specific to this site encumber the property. Although the project is located within an HMP hard line open space preserve, the project will incorporate mitigation as required by the HMP tor all applicable impacts. The HMP also allows for the maintenance of existing facilities located in hardline open space, The project is necessary to complete project D·CIP I 0 of the City of Carlsbad Drainage Master Plan dated July 2008 and because the project is a covered project, as listed in Appendix B of the City of Carlsbad Habitat Management Plan, it is eligible to mitigate impacts to "non occupied" Coastal Sage Scrub, non-native and native grasslands, and disturbed habitat at the City's Lake Calavera Mitigation Parcel. An equivalency finding is not required because the project is covered under the HMP and the hardJine boundaries are not being adjusted. Construction of the project will result in temporary noise, erosion, and fugitive dust impacts, which may impact plants and animals. However, these impacts are temporary, the project is located next to a busy street (La Costa Ave) and required compliance with the recommended mitigation measure herein, including those that require Best Management Practices (BMP's) as established in the project's. required Storm Water Pollution Prevention Plan (SWPPP) will ensure tempo~ary impacts are reduced to an appropriate level. Therefore, a Jess than significant impact to the provisions of the HMP would occur as a result of the project. 17 Rev. 02/1 S/08 HMP09-03 Romeria Street Channel Improvement Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated v. CULTURAL RESOURCES-Would the project: a) Cause a substantial adverse change in the 0 0 0 significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the signifi-0 0 0 cance of an archeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique pale 0 0 D ontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred D 0 D outside of formal cemeteries? a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? No Impact. There are no historic buildings or other historic structures either on the project site or within the project vicinity, thus project development would not l!ffect or significantly alter any historic buildings. No impact is identified. b) Cause a substantial adverse change in t11e significance of an archcoltlgical resource pursuant to §15064.5? Potentially Significant Unless Mitigation Incorporated. Since the proposed project is designed to replace existing structures with minimal grading on a previously graded site, it is not anticipated that impacts to archeological resources could result from implementation of the project. However, according to the Cjty's Drainage. Master Plan Final Environmental Impact Report, the project site may have potential cuJtum1 resources on it. Therefore, the following mitigation measures per the Drainage Master Plan Final EJR will ensure that any potential impacts to archeological resources will remain less than significant. CUL-l a) Preconstruct ion Requirements-Prior to the issuance of notice to proceed, a pedestrian survey shall be conducted under the supervision of a qualified archaeologist for previously undisturbed areas that have not been surveyed or adequately surveyed (e.g., the area was surveyed with outdated or non-protocol methods). The survey shall be conducted in para11ellinear transects spaced no farther than JO meters apart in undeveloped areas. 1) Cultural resources, if found during the survey, shaiJ be photographed, mapped using a global positioning system {GPS), and recorded on the appropriate California Department of Parks and Recreation forms (DPR Form 523A/B). The forms shall be submitted to the SCIC for the assignment of Primary numbers within 1 week of the survey. 2) Within 1 month of completion of the field survey, a draft letter report or technical report shall be submitted to the City for review, whether the survey is negative or positive. A final report shall be submitted within 6 weeks of receipt of the City's comments, with a copy submitted to the SCIC for their files. b) If the pedestrian survey is positive, the qualified archaeologist shall conduct an updated archival search, if needed, as well as additional detailed field testing. Local Native American groups shall be contacted for testing of 18 Rev. 02/15/08 ( HMP 09-03 Romeria Street Channel Improvement prehistoric cultural resources regarding the project. Where applicable, the City will execute a Pre-Excavation Agreement with the appropriate Native American groups. I) Prior to the start of field testing, surface artifacts and/or features shall be marked and mapped using a GPS. Testing shall be required if surface artifacts are discovered, and shall include a program of 30-cm-diameter shovel test pits (STPs) to define site boundaries and identify the potential for a substantial subsurface deposit. 2) Based on the results of the STPs, additional measures such as Test Excavation Units or mechanical trenching (for substantial historic sites) would be placed in areas with the potential for a substantial subsurface deposit, as determined by the qualified archeologist. 3) All excavated soils shall be screened through l/8-inch mesh hardware cloth. On completion of the project the artifact collection, along with <:opies of the catalogs and the technical report, shall be pennanently curated at the San Diego Archaeological Center. An updated site record shall be prepared and submitted to the SCIC. 4) Within 3 months of completion ofthe fieldwork, a draft technical report including evaluations and recommendations shall be prepared and submitted. The final technical report shall be submitted within 6 weeks of receipt of the City's comments. CUL-2 Monitoring Requirements-Construction monitoring will be required for proposed components that involve ex<:avation or grading within undisturbed native soils and could potentially impact subsurface cultural deposits. a) Prior to the first preconstruction meeting for the project, the Planning Director {PD) shall verify that the requirements for archaeological monitoring and Native American monitoring, if applicable, have been noted on the appropriate construction documents. The applicant shall retain a qualified archaeologist to verify that a records search has been completed and updated, as necessary, and to implement the monitoring program. At the preconstruction meeting, the archaeologist shall submit to the PO a copy of the sitelgradillg plan that identifies areas to be monitored. · b) The qualified archaeologist shall be present full·time during grading/excavation of native soils with the potential to contain buried cultural features or deposits and shall document activity via the Consultant Monitor Record. Monitoring of trenches shall include mainline, laterals, services and all other appurtenances that impact native soils I foot deeper than existing as detailed on the plans or in the contract documents. It is the construction manager's responsibility to keep the archaeological monitors up-to-date with current plans. c) In the event of a discovery, the archaeologist, or the Principal Investigator (PI) if the monitor is not qualified as a PI, shall divert, direct, or temporarily halt ground-disturbing activities in the area ofthe discovery to allow for preliminary evaluation of potentially significant archaeological resources. The PI shall also immediately notifY the construction manager and the PD of such findings at the time of discovery. 1) The significance of the discovered resources shall be assessed by the PI. For significant archaeological resources, a Research Design and Data Recovery Program shall be prepared and implemented by the qualified archaeologist. The results of the Research Design and Data Recovery Program shall be approved by the City before ground-disturbing activities in the area of discovery shall be allowed to resume. d) If human remains are discovered, work shall halt in that area and procedures set forth in the California Public Resources Code (Sec. 5097.98) and State HealtJ1 and Safety Code (Sec. 7050.5) shall be implemented. Construction in that area shall not resume until the remains have been evaluated and conveyed to appropriate descendants or reinterred to the satisfaction of the Pl. e) The archaeologist shall notify the PD, in writing, ofthe end date of monitoring. The archaeologist shall be responsible for ensuring that all cultural remains collected are cleaned, catalogued, and pennanently curated with an appropriate institution; that a letter of acceptance from the curation institution has been submitted to the Planning Department; 1hat all artifacts are analyzed to identifY function and chronology as they relate to the history of the area; that faunal material is identified as to species; and that specialty studies are completed, as appropriate. 19 Rev. 02/15/0R HMP 09-03 Romeria Street Channel Improvement t) Within 3 months following the completion of monitoring, the Draft Results Report (even if negative) and/or evaluation report, if applicable, which describes the results, analysis, and conclusions of the Archaeological Monitoring Program (with appropriate graphics) shall be submitted to the PD for approval. For significant archaeological resources encountered during monitoring, the Research Design and Data Recovery Program shall be included as part of the Draft Results Report. The qualified archaeologist shall be responsible for recording (on the appropriate State of California Department of Park and Recreation forms-DPR 523 A/B) any significant or potentially significant resources encountered during the Archaeological Monitoring Program, and submitting such forms to the SCIC with the Final Results Report. c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Less Than SignUicant Impact. Since the proposed project is designed to replace existing structures with minimal grading on a previously graded site, it is not anticipated that impacts to paleontological features or resources could result from implementation of the project. A survey of the project site, the General Plan, and the project's geotechnical evaluation do not identity any unique geologic features that may be impacted. The surface consists mainly of Colluvium soils which has been assigned a low paleontological resource sensitivity due to the relatively young age of the deposits. Santiago Formation was found nt a depth of 6 to 8 feet below grade, but the proposed project wiJJ not excavate to those depths and then::fore will not impact the Santiago Formation. d) Disturb any human remains, including those interr~d outside of formal cemeteries? Less Than Significant Impact. The project site is located within an HMP hardline open space preserve. No remains are anticipated to be found in the subject area as the project will be constructed with minima] grading on a previously graded area. VI. GEOLOGY AND SOILS-Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? iv. Landslides? b) Result in substantial soil erosion or the loss of topsoil? 20 Potentially Significant Impact 0 0 0 0 D Potentially Significant Unless Mitigation Incorporated D 0 0 D D LessThan No Significant Impact Impact l8J 0 Rev. 02/15/08 0 0 0 0 [8l c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on· or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soils, as defined in Table 18 -1-B of the Unifonn Building Code (1997), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Potentially Significant lmpact D D D l-IMP 09-03 Romeria Street Channel Improvement Potentially Less Than No Significant Significant Impact Unless Impact Mitigation Incorporated 181 0 0 D 0 0 0 n) Expose people or structures to potential substantial adverse effects, includling the risk of loss. injury or death involving: i. Rupture of a known earthquake fault, ns deUneated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. Less Than Significant Impact. The project area is situated in the western portion of the Peninsular Ranges geomorphic province of southern California. This geomorphic province encompasses an area that extends 125 miles from the Transverse Ranges and the Los Angeles Basin, south to the MexiCan border, and beyond another 775 miles to the southern tip of Baja California. The westernmost portion of the province in San Diego County, in which the site is located, generally consists of Upper Cretaceous, Tertiary and Quaternary age sedimentary rocks. The most recent Alquist~ Priolo Earthquake Fault Zoning Map issued by the State Geologist for the north San Diego County area, indicates that the project is considered to be in a seismic!lliY active area, as is most of southern California. This map however, indicates that the subject site is not underlain by known active faults, nor is there evidence of ground displacement in the area during the last I I ,000 years. The Rose Canyon fault zone is the closest known fault, which is the onshore portion of an extensive fault zone that includes the Offshore Zone of Deformation and the Newport-Inglewood fault to the north of the subject site. This fault zone, located approximately 4.5 miles westerly of the subject site, is made of predominately right-lateral strike~ slip faults that extend south-southeast through the San Diego metropolitan area. The zone extends offshore at La Jolla, and continues north-northwest generally parallel to the coastline. Portions of the Rose Canyon fault zone in the San Diego area have been recognized by the State Geologist to be considered active. Additionally, the Julian and Temecula segments of the Elsinore fault zone, about 24 miles to the northeast of the subject site are also referenced in the Division of Mines and Geology Special Publication 42. Because of the lack of known active faults on the site, the potential for surface rupture at the site is considered low. The seismic hazard most likely to impact the site is ground shaking resulting from an earthquake on one of the active regional faults discussed above. The project features drainage structures with no components that would be occupied by people and therefore would not expose people or structures to potential substantial adverse effects. For these reasons, project impacts would be less than significant. 21 Rev. 02/15/08 U. Strong seismic ground shaking? HMP 09-03 Romeria Street Channel Improvement Less Than Significant Impact. Southern California is recognized as a seismically-active area. As indicated in the response to Item VJ u)i, the Rose Canyon fault zone is the closest known fault, located approximately 4.5 miles westerly of the subject site. This fault is made of predominately right-lateral strike-slip faults that extend south- southeast through the San Diego metropolitan area. The second-closest active area of potential ground motion is the Julian and Temecula segments of the Elsinore fault zone. No other known active faults are located within the vicinity of the project. The most significant seismic event likely to affect the proposed facilities would be a maximum moment magnitude 6.9 earthquake along the Rose Canyon fault zone, in which the horizontal peak ground acceleration could reach 0.36g (36% of the acceleration of gravity). Earthquake faults exist within southern California, including t\vo fault zones within 24 miles of the site. Historical records have indicated however, that the risk of strong seismic ground shaking of the project site is minimal, and thus is considered a less than significant impact. The project involves the replacement of existing drainage structures and a new maintenance access road and thus does not involve the development of structures which would be considered a risk to life or property in the event of an earthquake event. As such, impacts would be less than significant. iii. Seismic-related ground failure, Including liquefaction? Less Than Significant Impact. Liquefaction of soils with minimal cohesion can be caused by strong vibratory motion due to earthquakes. Research indicates that loose granular soils and silts that are saturated by a relatively shallow groundwater table are most susceptible to liquefaction. The area of the project is mostly underlain by colluvial soils. Colluvial soils are considered a moderate risk of liquefaction due to their sandy physical characteristics. However, the existing drainage structures have existed for many years and no significant Jiquefaction has occurred. 1l1e project consists of replacement of existing drainage structures in the same location, the addition of a rip rap slope protection and a maintenance access road. The existing drainage structures have been in place for many years and have not been damaged by liquefaction resulting from the colluvia,J soils in and around the subject site. Thus, the moderate liquefaction risk associated with the colluvial soils is not considered a significant impact, particularly since the project proposes only minor structures with no occupied components. As such, impacts would be less than significant. iv. Landslides? Less Thnn Significant Impact. Areas of land sliding have been identified near areas of the planned project. However, the project features drainage structures with no components that would be occupied by people and therefore would not expose people or structures to potential s~bstantial adverse effects from landslides. b) Result in substantial soil erosion or the loss of topsoil? No Jmpact. The proposed project involves the replacement of existing drainage structures in the same location and the addition of rip rap slope protection and a maintenance access road. Only minor grading is proposed with the project to create the access road and maintain proper drainage. A gravel paving system will be placed on top of the access road and therefore, no increase in unprotected topsoil is expected to result from the project. As designed, the project will include appropriate temporary erosion and sediment control protections so that all exposed soil in the area of the construction will be protected from erosion. This will include silt fences, sandbags and straw mulch rolls being placed around excavated trench spoils during the construction period. Also, all storm drains and natural drainages situated downstream from the construction will be protected by linear sediment barriers or similar erosion control devices. Weather monitoring will take place in order to avoid exposed soils during times of heavy rainfall. 22 Rev. 02115/08 HMP 09-03 Romeria Street Channel Improvement The streets within and around the construction site will be swept and maintained regularly during the construction period. Therefore, the project would have no impact on soil erosion or the loss of topsoil. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, nnd potentiniJy result in on-or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? Potentially Significant Unless Mitigation Incorporated. A Geotechnical Evaluation by Ninyo & Moore dated June 27,2008 was prepared for the project. The project area contains colluvium soil and especially wet colluviums soil where the access road and pad are proposed. The project wil1 need to comply with the recommendations of the Geotechnical Evaluation to insure proper stability. A mitigation measure is listed below and in the attached Mitigation Monitoring and Reporting Program. GEO -1 The project will comply with the recommendations of the Geotechnical Evaluation prepared by Ninyo & Moore, dated June 27, 2008 in order to increase stability due to the existing soil condition. d) Be located on expansive soils. as defined in Table 18MJMB ofthe Uniform Building Code (1997), creating substantial risks to life or property? Less Than Significant Impact. The site does contain moderately expansive soils as defined in Table 18-1-B ofthe UBC (1997). However, no structures are proposed for human habitation and the at-grade structures will be built in accordance with the recommendations of the geotechnical evaluation. As a result, there would be a less than significant impact. e) Have soils incapable of adequately supporting the use or septic tanks or alternative wastewater disposal systems where sewers arc not available for the disposal of wastewater? No Impact. The project is intended to maintain the existing drainage system for the area. No wastewater disposal systems would be needed to serve the project; therefore, no septic tanks or alternative sewage disposal systems are included in the project description, and therefore no impacts would occur from implementation of the project. VII. HAZARDS AND HAZARDOUS MATERIALS- Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public ·or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? 23 Potentially Significant Impact 0 0 0 PotentiaiJy Significant Unless Mitigation Incorporated 0 0 0 Less Than No Significant Impact lmpact D 0 0 Rev. 02115/08 d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? e) For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? t) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Potentially Significant Impact 0 0 0 0 D HMP 09-03 Romeria Street Channel Improvement Potentially Significant Unless Mitigation Incorporated 0 0 D 0 D LessThan No Significant Impact Impact 0 0 0 0 0 a) Create a significant hazard to the public or the environment through the routine transport, usc, or disposal of hazardous materials? Less Than Significant Impact. There is no evidence of chemical surface staining, or hazardous materials/waste and/or petroleum contamination on the site. During project construction, some construction materials such as petroleum products, resin, oils, and solvents may be transported and used on the site. All transport, handling, use, and disposal of any eonstruction substances would comply with all federal, slate, and local laws regulating the management and use of such materials. It is concluded that the routine amount of hazardous materials encountered during the construction period and periodic maintenance is not significant, and therefore no significant impact to the public or the environment through the routine transport, use, or disposal of hazardous materials is anticipated. As a result, impacts \vould be less than significant. · b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Less Tbnn Significant Impact. No significant hazard involving the release of hazardous materials into the environment would be anticipated from the project because although the project construction operation and periodic maintenance could utilize (short tenn) small amount of hazardous materials, the project does not necessitate the significant use of such materials. As such, impacts would be less than significant. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? No Impact. The subject project site is not located within one-quarter mile of an existing or proposed school. The nearest school is La Costa Heights Elementary School, which is located just over one-quarter mile away southerly of 24 Rev. 02115/08 HMP 09-03 Romeria Street Channel Improvement the subject site. Because the project is not located within one-quarter mile of an existing or proposed school, no impact would occur. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, ns a result, would it create a significant hazard to the public or environment? No Impact. The subject site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 56962.5, which includes federal superfund sites (NPL), state response sites, voluntary cleanup sites, and school cleanup sites. The project site has no known previous use history that would involve the use or storage of hazardous materials. Therefore, no impacts would result from implementation of the project. c) For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in 11 snfcty hazard for people residing or working in the project area? No Impact. The subject site is located approximately 3 miles south of the McCiellnn~Palomar Airport runway and the project site is not located within the Airport lntluence Area as outlined in the San Diego County Airport Land Use Compatibility Plan for McClellan-Palomar Airport. Therefore, the project will not result in a safety hazard for people working or residing in the project area and no impact would occur. I) For a project within the vicinity of n private airstrip, would the project result in a safety hazard for people residing or working in the project area? No Impact. The project is not within the vicinity of a private airstrip. As a result, no impacts would occur. g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Less Than Significant Impact. No improvements are proposed ·for the project in any area which would physically interfere with an adopted emergency response plan or emergency evacuation plan. A traffic control plan will be prepared for the project. The temporary construction period will necessitate a traffic control plan which wil1 result in temporary closure of the roadway shoulder area and hike lane for a period of approximately 3 months. The road will remain open to all traffic. Therefore, the impacts are considered less than significant. h) Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized arens or where residences are intermixed witb wildlands? .No Impact. While the project site is located in native habitat areas, it will not result in significant risk of loss, injury or death involving wi1dland fires or other wildland events. No structures are proposed as part of the project that would be subject to loss from wildland fires and the project has no components that are habitable by people. As a result, no impact will occur. Potentially Potentinl1y Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated VUJ. HYDROLOGY AND WATER QUALITY-Would the project: a) Violate any water quality standards or waste 0 0 0 discharge requirements? 25 Rev. 02/15/08 b) Substan.tially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on-or off- site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount {volume) of surface runoff in a manner, which would result in flooding on-or off- site? e) Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff'? f) Othenvise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? h) Place within 1 oo~year flood hazard area structures, which would impede or redirect flood flows? · i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami. or mud flow? k) Increase erosion (sediment) into receiving surface waters. 26 Potentially Significant Impact 0 0 0 0 0 0 D D 0 D HMP 09-03 Romeria Street Channel Improvement Potentially Significant Unless Mitigation Incorporated 0 0 0 0 0 0 Less Than No Significant Impact Impact 0 0 0 0 0 0 0 0 I8J D Rev. 02/15/08 0 IZJ D D HMP 09-03 Romeria Street Channel Improvement Potentially Potentially Less Than No Signific£1nt Signific£1nt Significant Impact Impact Unless Impact Mitigation Incorporated I) 1ncrease pollutant discharges (e.g., heavy metals, D {g) D D pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g. temperature, dissolved oxygen or turbidity? m) Change receiving water quality (marine, fresh or D [8J 0 D wetland waters) during or following construction? n) Increase any pollutant to an already impaired water 0 0 0 body as listed on the C1ean Water Act Section 3{}3(d) list? o) Increase impervious surfaces and associated runoff! D D 0 [8) p) impact aquatic, wetland, or riparian habitat? 0 [8) 0 0 q) Result in the exceedance of applicable surface or 0 0 [8) 0 groundwater receiving water quality objectives or degradation of beneficial uses? a) Violate any water quality standards or waste discharge requirements? No Impact. The project wil1 involve the replacement of existing drainage structures and the addition of slope protection and a maintenance access road. The project will be required to comply with all city, state and federal water quality standards and water discharge requirements and thus, the project will not result in violation of any water quality standards or waste discharge requirements. As n result, no impacts would occur. b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that Uacre would be a net deficit in aquifer volume or a lowering of the local ground w11ter table level (i.e., the production rate of pre--existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? No Impact. The proposed project will not deplete groundwater supplies, or interfere with ground water recharge. As a result, no impacts would occur. · · c) Substantially alter the existing drainage pattern of the site or area, including through tlte alteration of the course of a stream or rh•er, in a manner, which would result in substantial erosion or siltation on-or off-site? · No Impact. Dminage flows from the subject site directly from the drainage structures into Batiquitos Lagoon via San Marcos Creek, and ultimately to the Pacific Ocean. The project proposes replacing the existing damaged drainage structures to reduce erosion and improve drainage. Flow patterns of drainages in the area would be maintained and therefore, no impacts would occur from implementation of the project. d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result .in noodlng on-or off-site? 27 Rev. 02/15/08 l-IMP 09-03 Romeria Street Channel Improvement No Impact. The project area is on sloping topography that drains towards Batiquitos Lagoon via San Marcos Creek, and ultimately to the Pacific Ocean. Minor grading will be done to improve flow into the drainage structures. No other improvements are proposed which would alter the course of any stream or river or substantially affect the flow rate or volume of surface runoff. As a result, no impacts would occur. c) Create or contribute runoff water, which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff! No Impact. The project would not contribute additional runoff water beyond what is found in the existing conditions onsite. No additional pollution of surface waters or impact to storm drain facilities \Viii result from the project. f) Otherwise substantially degrade water quality? Potentially Signincant Unless Mitigation Incorporated. The proposed project site presently drains to Batiquitos Lagoon via San Marcos Creek, and ultimately to the Pacific Ocean. There is the potential for construction related sediment to enter the water course and indirectly impact downstream habitat. Overall, the proposed project improvements would reduce the potential for degrading water quality by replacing damaged structures, adding a debris barrier, and adding maintenance access. As a result, upon completion. the project would be expected to result in Jess risk of degraded water quality in the downstream creek and lagoon. The mitigation measure listed below and in the attached Mitigation, Monitoring and Reporting Program will ensure that construction impacts are Jess than significant. WQ-I Prior to issuance of notice to proceed, the developer shall prepare and submit for review and approval of the Carlsbad City Engineer, a Storm Water Pollution Prevention Program {SWPPP) to demonstrate that pollutants will be controlled through compliance with the City of Carlsbad Standard Urban Stonn water Mitigation Plan (SUSMP), General Construction Stonn water Permit (Order No. 99~08, NPDES CAS000002), and the General Municipal Storm water Permit (Order R9-2007-0001, NPDES CAS0108758). The applicant shall be responsible for monitoring and maintaining the BMP erosion control measures identified below on a weekly basis in accordance with the City's grading and erosion control requirements (Municipal Code Section 15.16. et seq.). The locations of aU erosion control devices shall be shown in the SWPP. BMPs that shall be installed include, but are not limited to, the following: • Silt fence, fiber rolls, or gravel bag berms • Street sweeping and vacuuming • Stonn drain inlet protection • Stabilized construction entrance/exit • Hydroseed, soil binders, or straw mulch • Containment of material delivery and storage areas • Stockpile management • Spill prevention and control • Waste management for solid, liquid, hazardous, and sanitary waste, and contaminated soil g) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? No Impact. The project area is not located within the I 00-year flood hazard area but is in an area that may be subject to tlooding. However, no housing is proposed as part of the project and therefore no impacts will result from implementation of the project. h) Place within 100-ycnr flood hazard area structures, which would Impede or redirect flood flows? No Impact. No structures will be placed within a I 00-year flood hazard area. As a result, no impacts would occur. i) Ex: pose people or structures to R significant risk of loss injury or death involving flooding, including nooding as a result of the faUure of a levee or dam? 28 Rev. 02/15/08 HMP 09-03 Romeria Street Channel Improvement No lmpnct. As explained herein and in Vlll g) and h), the proposed project would not result in increased exposure of people or structures to a significant risk of loss injury or death involving flooding, including flooding as a result of the failure of a levee or dam. As a result, no impacts would occur. j) Inundation by seidte, t.sunnmi, or mudflQw? Less Than Significant Impact. Conditions for seiche or tsunami do not exist at or near the project site inasmuch as it is located inland· from the ocean. Mudflows may occur due to the surrounding topography. While the drainage structures may be subject to a mudflow, the structures are not vulnerable to damage from such an event with proper maintenance. Less than significant impacts to people or structures would occur. k) Increased erosion (sediment) into receiving surface waters. Potentially Significant Unless Mitigation Incorporated. The proposed project site presently drains to Batiquitos Lagoon via San Marcos Creek, and ultimately to the Pacific Ocean. The potential for construction related sediment to enter the water course and indirectly impact downstream habitat Overall1 the proposed project improvements would reduce the potential for degrading water quality by replacing damaged structures, adding a debris barrier, and adding maintenance access. As a result, upon completion, the project would be expected to result in no increase in sediment into receiving surface waters. Mitigation measure WQ-1 listed in section •r above and in the attached Mitigation, Monitoring and Reporting Program will ensure that construction impacts are Jess than significant. I) Increased pollutant discharges (e.g., heavy metals, pathogens, petroleum. derivath•es, synthetic organics, nutrients, oxygen~demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g., temperature, dissolved oxygen or turbidity)? Potentially Significant Unless Mitigation Incorporated. As discussed above, the project improves drainage· by replacing damaged structures, adding a debris barrier, and adding maintenance access. The project construction will be required to comply with an approved SWPPP as outlined in the mitigation measure WQ-1 as pollutant discharge could result during construction. Once completed, the project would not produce pollutant discharges and thus not increase any pollutant discharges. Mitigation measure WQ-1 listed in section 'r above and in the attached Mitigation, Monitoring and Reporting Program will ensure that impacts are Jess than significant. m) Changes to receiving water quality (marine, fresh or wetland waters) during or following construction? Potentially Significant Unless Mitigation Incorporated. As discussed previously, the proposed project site presently drains to Bntiquitos Lagoon via San Marcos Creek, and ultimately to the Pacific Ocean. There is the potential for construction related sediment to enter the water course and indirectly impact downstream habitat. Overall, the proposed project improvements would reduce the potential for degrading water quality by replacing damaged structures, adding a debris barrier, and adding maintenance access. As a result, upon completion, the project would be expected to result in less risk of degraded water quality in the downstream creek and lagoon. Mitigation measure WQ-1 Jisted in section •r above and in the attached Mitigation, Monitoring and Reporting Program will ensure that construction impacts are less than significant. n) Increase in any pollutant to an already impaired water body as listed 011 the Clean Water Act Seclion 303(d) Jist? No Impact. No downstream water body is listed on the Clean Water Act Section 303(d) and no pollutants are anticipated to be released from the proposed project. o) Increase impervious surfaces and associated runoff? No Impact. No runoff associated with the construction of new impervious surfaces would result inasmuch as impervious surfaces proposed (concrete drainage channel) will only replace existing impervious surfaces. 29 Rev. 02/15/08 HMP 09-03 Romeria Street Channel Improvement Furthermore, the project access road from La Costa Avenue will feature a porous surface. Furthennore, the project access road from La Costa Avenue will feature a porous surface. Therefore, no impacts would occur. p) Impact aquatic, wetland, or riparian habitat? Potentially Significant Unless Mitigation Incorporated. Disturbed wetland area will be pennanently impacted as a result of the project's maintenance access road. However, wetlands and jurisdictional habitat impacted by the project construction will be replaced to ensure no net loss of wetland resources per the requirements of the HMP. The project, with mitigation, will reduce the impacts to less than significant. The mitigation measure is listed below and in the attached Mitigation Monitoring and Reporting Program under Biological Resources Mitigation. BIO-4 Prior to issuance of notice to proceed, wetlands and jurisdictional habitat impacted by project construction will be replaced to ensure no net loss of wetland resources. The City will comply with requirements of the HMP to mitigate impacts to disturbed wetlands at a I: I ratio (0.077 acre, or approximately 3,354 square feet). Wetland mitigation will be achieved via on &ite creation or restoration, or in another suitable area approved by the appropriate resource agencies. Creation or restoration shall occur based on an approved plan, shall occur under the direction of a professional biologist, and shall be subject to monitoring for a period of approximately 3 to 5 years, as directed by the appropriate agencies. q) The excccdnncc of applicable surface or groundwater rcceh•ing water quality objectives or degradation of beneficial uses? Less Than Significant Impact. No receiving water quality objectives would be adversely affected through implementation of the proposed project. Conversely, upon completion, the project would contribute positively to water quality as a result of replacing the damaged structures and the addition of a debris barrier and maintenance access. Thus, impacts would be considered less than significant. Potentially Potentially Less Than No Significant Significant Significant Impact lmpact Unless Impact Mitigation Incorporated IX. LAND USE AND PLANNING -Would the project: a) Physically divide an established community? 0 0 0 r8l b) Conflict with any applicable land use plan, policy, or 0 [81 0 0 regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation 0 0 0 pJan or natural community conservation plan? n) Physically divide an established community? No Impact. The project site is presently occupied by HMP hardline open space and would not physically divide an established community. b) Conflict with any applicable hmd use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general phm, specific plan, local cflastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Potentially Significant Unless Mitigation Incorporated. The proposed project would be consistent with all applicable land use policies, including the City's Habitat Management Plan and implementing ordinance (Chapter 30 Rev. 02115/08 l-IMP 09-03 Romeria Street Channel Improvement 21.210 of the Carlsbad Municipal Code). The project is necessary to complete project D-CIPIO of the City of Carlsbad Drainage Master Plan dated July 2008 and because the project is a covered project, as listed in Appendix B of the City of Carls bud Habitat Management Plan, it is eligible to mitigate impacts to "non occupied" Coastal Sage Scrub, non-native and native grasslands, and disturbed habitat at the City's Lake Calnvera Mitigation Parcel. An equivalency finding is not required because the project is covered under the HMP and the hardline boundaries are not being adjusted. No incompatibility \VOuld exist between the proposed project and the City's applicable land use regulations. The project will however need to comply with other agencies' permits ancl therefore will be subject to the mitigation measure listed below and in the attached Mitigation Monitoring and Reporting Program. LU - 1 Prior to issuance of notice to proceed, the applicant shall obtain all applicable permits from other agencies such as a 1602 Streambed Alteration Agreement from the California Department of Fish and Game (CDFG), a 404 permit from the United States Army Corps of Engineers (USACE), and n 40 l permit from the California Regional Water Quality Control Board (R WQCB). c) Conflict with any applicable habitat conservation plan or natural community conservation phm? Less Tllnn Significant Impact. The City of Carlsbad HMP designates a natural preserve system and provides a regulatory framework for determining impacts to sensitive biological resources and assigning mitigation for any impacts that do occur. No other local, regional or state habitat conservation plans specific to this site encumber the property. Although the project is located within an HMP hardline open space preserve, the project will incorporate mitigation as required by the HMP for all applicable impacts. The l-IMP also allows for the maintenance of existing facilities located in hard line open space. In fact, an objective of the l-IMP is to provide for the continued implementation of the City's Growth Management Plan, which specifies the City maintain adequate drainage facilities. The project is necessary to complete project D-CIPIO of the City of Carlsbad Drainage Master Plan dated July 2008 and because the project is a covered project, as listed in Appendix B of the City of Carlsbad Habitat Management Plan, it is eligible to mitigate impacts to "non occupied" Coastal Sage Scrub, non-native and native grasslands, and disturbed habitat at the City's Lake Catavera Mitigation Parcel. An equivalency finding is not required because the project is covered under the HMP and the hardline boundaries are not being adjusted. Therefore, a less than significant impact to the HMP would occur as a result of the project. X. MINERAL RESOURCES-Would the project: a) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? b) Result in the loss of availability of a locally important mineral resource recovery site deHneated on a local general plan, specific plan, or other land use plan? Potentially Significant Impact D 0 Potentially Less Than No Significant Significant Impact Unless Impact Mitigation Incorporated 0 D D 0 a) Result in the loss of uvuilability of a known mineral resource that would be Df future value to the region and the residents of the State? No Impact. The project site is presently occupied by existing drainage structures and l-IMP hnrdline open space. No known mineral resource of regional or statewide value is known that would be affected through implementation of the project. Additionally, the project would affect a relatively small area of earth disruption, and any substantial mineral resource recovery under these minimal circumstances would not be expected. The site is not located in an area of mineral re~ources as identified in MEIR 93-01, map 5.13-1. Therefore, no impacts would occur. 31 Rev. 02115/08 HMP 09-03 Romeria Street Channel Improvement b) Result in. the Joss of availability of a locally important mineral resource recovery site delineated on a loc11l general pl11n, specific plan, or other land use phm? No Impact. No adopted regulatory land use documents, including the City of Carlsbad General Plan or the Zoning Ordinance, designate the subject site as a mineral resource recovery location. As a result, no impacts would occur. XI. NOISE-Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundboume vibration or groundbourne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Potentially Significant Impact 0 0 0 0 0 0 Potentially Significant Unless Mitigation Incorporated 0 0 0 0 0 0 Less Than Significant Impact D D 0 0 No Impact 0 0 a) Exposure or persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? Less Than Significant Impact. The project once complete will not make any noise with the exception of continued periodic maintenance. Project construction will create a temporary, sporadic level of noise. The City of Carlsbad Municipal Code {Chapter 8.48) prohibits construction activity after sunset of any day, and before 7 A.M. Monday through Friday, and before 8 A.M. on Saturday, and all day Sunday and specified holidays. The Noise Ordinance does not set a defined noise leve1 standard for construction activities, but simply limits the hours of construction. Since construction noise levels generated by the project will be temporary and construction will comply with City of Carlsbad permitted construction hours, a less than significant impact is assessed. b) Exposure or persons to or generation of exc-essive groundbourne vibration or groundbourne noise levels? No Impact. The proposed project site does not currently generate ground vibrations. Further, as no excessive ground vibration or ground-bourne noise is expected to occur during construction of the project, the project is not 32 Rev. 02115/08 HMP 09-03 Romeda Street Channel Improvement anticipated to expose persons to or generation of excessive groundboume vibration or noise levels. Because the project would not produce any significant groundboume vibration, no impacts would occur. c) A substantial permanent increase In ambient noise levels in the project ''icinity above levels existing without the project? No Impact. The project is not anticipated to result in a permanent increase in ambient noise levels in the project vicinity above levels generated by vehicle traffic on adjacent roadways and highways. As a resu1t, no impacts would occur. d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Less Than Significant Impact. During construction, no significant increase in ambient noise levels in the project vicinity is anticipated. Construction will be scheaule.cJ ·to conform to the noise level limitations specified in the Carlsbad Municipal Code, so the increase is not considered substantial or significant. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public usc airport, would the project expose people residing or working in tlte project area to cxeessh•c noise levels? No Impact. The subject site is located approximately 3 miles south of the McClellan-Palomar Airport runway and .is not located within the Airport Influence Area according to the San Diego County Airport Land Use CompaUbility Plan for McClellan-Palomar Airport. The proposed project will not expose people to excessive noise levels from aircraft noise and will thus not result in any impacts. f) For a project within the vicinity of a private airstrip, wuuld the project expose people residing or working in tbe project area to excessive noise levels? No Impact. The pruject is not within the vicinity of a private airstrip. As a result, no impacts woul.cJ occur. XU. POPULATION AND HOUSING -Would the project; a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Potentially Significant Impact D D 0 Potentially Significant Unless Mitigation Incorporated 0 0 D LessThan No Significant Impact Impact 0 D 0 n) Induce substantial growth in an urea either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? No Impact, No homes or businesses are proposed as part of the project. The proposed project will replace existing, damaged, drainage structures. The project does not propose to increase drainage capacitY and therefore has no impact on growth. 33 Rev. 02/15/08 l-IMP 09-03 Romer in Street Channel Improvement b) Displace substantial numbers Qf existing housing, necessitating the construction or replacement housing elsewhere? No Impact. The proposed project will not displace any existing housing because the project is located entirely within HMP hardline open space. c) Displace substantial numbers of people, necessitating the construction of. replacement housing elsewhere? No lmpnct. The proposed project will not displace any people because no people, residences or other development presently exist on the site. · XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times. or other performance objectives for any of the public services: i) Fire protection? ii) Police protection? iii) Schools? iv} Parks? v) Other public facilities? Potentially Significant Impact 0 0 0 0 D Potentially Significant Unless Mitigation Incorporated D D 0 0 0 Less Than No Significant Impact Impact 0 0 0 0 0 a) Would the project result in substantial adverse physical impacts associated with the provision of new or physicaJJy altered government fDcilities, a need for new or physically altered government facilities, the construction or which could cause significant environmental impacts, in order to maintain acceptable sen•ice ratios, response times, or other perrormance objectives for any of t11e public services: i. Fire protection? No Impact. The project site is located within the Zone 6 Local Facilities Management Plan (LFMP) area and City of Carlsbad Fire Station No. 6 (720 I Rancho Santa Fe Road.} serves the subject site. The project does not add any uses subject to fire protection ·and would not measurabJy affect the anticipated current fire response times. As a result, no impacts would occur. ii. Police protection? 34 Rev. 02115/08 ( HMP 09-03 Romeria Street Channel Improvement No Impact. The Carlsbad Police Department (CPO), located at 2560 Orion Way, services the entire City of Corlsbad. Although the City has not established an official service standard for the department, CPO does maintain a general in-house guideline that is followed in order to assure adequate police service to the community. This guideline suggests a six-minute maximum response time anywhere within the city limits. The installation and replacement of the drainage structures would not cause an increase in the demand forr police services. Proposed installation of the all weather access road may facilitate emergency access into the project area and nearby open space. As a result, no impacts would occur. iii. Schools No Impact. The project involves the replacement of existing drainage structures and the addition of a maintenance road. The project features no component that would generate students and would not cause an increase in demand for schools. Therefore, the project would not impact schools. iv. Parks? No Impact. The project involves the replacement of existing drainage structures and the addition of a maintenance road. The project features no component that would generate park users and would 111ot cause an increase in demand for parks. Therefore, the project would not impact parks. \', Other public facilities? No Impact. The replacement of the existing drainage structures and the addition of a maintenance road would not generate sewer, water usage or create a demand for any other public facilities. No unanticipated demands would occur as a result of the project and as a result, no impacts would occur. XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Potentially Significant Impact D 0 Potentially Less Than No Significant Significant Impact Unless Impact Mitigation Incorporated D 0 0 0 a) Would the project increase the use of existing neighborlJood and regional parks or other recreational facilities such that substantial physical deterioration ofthe facility would occur or be accelerated? No Impact. The project involves the replacement of existing drainage structures and the addition of a maintenance road. The proposal would not generate residents or workers and thus would not increase demand for recreational facilities. As a result, no impacts would occur. b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might hove an ndverse physical effect on the environment? No Impact. The project involves the replacement of existing drainage structures and the addition of a maintenance road within l-IMP hardline open space. Although some open space areas feature recreation activities such as trails, 35 Rev. 02/15/08 HMP 09-03 Romeria Street Channel Improvement this area does not incorporate any recreational activities. Therefore, the project does not feature nor require recreational facilities and no impacts would occur as a result of implementation of the project. XV. TRANSPORTATION/TRAFFIC-Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity mtio on roads, or congestion at intersections)? · b) Exceed, either individuaHy or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels -or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result In inadequate emergency access? f) Result in insufficient parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus tum· outs, bicycle rocks)? Potentially Significant Impact 0 0 D D D D D Potentially Significant Unless Mitigation Incorporated 0 0 D 0 D D D Less Than No Significant Impact Impact 0 D D D 0 0 0 a) Cause an increase in traffic that is substantial in relation lo the existing traffic load and capacily of. tbe street system? No Impact. The project will only cause a temporary increase in traffic to the site during construction. Maintenance traffic to maintain the existing drainage structures currently exists and will not increase once the pr-oject is completed. Therefore, no substantial increase in traffic will occur and no impacts to streets will occur. b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Less Than Significnnt lmpact. SANDAG acting as the County Congestion Management Agency has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and one highway segment in Carlsbad as part of the regional circulation system. The existing LOS on these designated roads and highway in Carlsbad is: LOS Rancho Santa Fe Road "A~D" El Camino Real "A-D" Palomar Airport Road "A-D" SR 78 "P' 36 Rev. 02115/08 HMP 09-03 Romeria Street Channel Improvement The Congestion Management Program's (CMP) acceptable Level of Service (LOS) sta111dard is "E", or LOS "F" if that was the LOS in the 1990 base year (e.g., SR 78 in Carlsbad was LOS "F" in 1990). Accordingly, all designated roads and highway 78 is currently operating at or bet1er than the acceptable standard LOS. Achievement of the CMP acceptable Level of Service (LOS) "E" standard assumes implementation of the adopted CMP strategies. Based on the design capacity(ies) of the designated roads and highway and implementation of the CMP strategies, they will function at acceptable level(s) of service in the short-term and ot buildout. c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that result in substantial safety risi<S? No Impact. The proposed project does not include any aviation components. The project is consistent with the Airport Land Use Compatibility Plan, McClellan-Palomar Airport. It would not, therefore, result in a change of air traffic patterns or resu1t in substantial safety risks. No impact assessed. d) Substantially increase hazards due to a design feature tlr incompatible uses? No Impact. The project does not propose any public roads and therefore will not increase traffic hazards. No impact assessed. e) Result In inadequate emergency access? No Impact. The proposed project has been designed to satisfy the emergency requirements of the Fire and Police Departments. No impact assessed. f) Result in inadequate parking capacity? No Impact. The proposed project does not have any parking requirements and any maintenance vehicles will utilize the access road on-site. No impact assessed. g) Connict with adopted policies, plans or programs supporti111g alternative transportation (e.g., bus turnouts, bicycle racks, etc.)? No Impact. The project proposes to replace existing drainage structures in an existing HMP hardline open space area. The project does not generate any users or public transportation and therefore no impacts will occur. XVI. UTILITIES AND SERVICES SYSTEMS • Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 37 Potentially Significant Impact 0 0 0 Potentially Significant Unless Mitigation Incorporated 0 0 0 LessThan No Significant Impact Impact 0 0 0 Rev. 02/15/08 d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? Potentially Significant Impact 0 D 0 0 HMP 09-03 Romeria Street Channel Improvement Potentially Significant Unless Mitigation Incorporated 0 D D 0 Less Than No Significant Impact lmpact 0 D D 0 a) Exceed wastewater treatment requirements of the applicable Regional Waler Quality Control Board? No Impact. The proposed drainage replacement project would not generate wastewater. The project would improve the existing, damaged, structures to be able to function as intended. The water runoff carried by the structures empties into San Marcos Creek, Batiquitos Lagoon and ultimately into the Pacific Ocean. The project would not have an impact on wastewater treatment and as a result, no impacts would occur. b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the constructinn of whicll would cause significant environmental effects? No Impact. Please refer to the previous response. The project will not result in an increase in quantity of wastewater. The water runoff is not treated before flowing into Batiquitos Lagoon via San Marcos Creek, and ultimately into the Pacific Ocean. No additional water or wastewater treatment facilities would be required due to the construction of the proposed project. As a result, no impacts would occur. c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? No Impact. The project site is presently improved with drainage facilities. The subject project consists of replacing damaged drainage structures and adding a maintenance road. The project will not increase water runoff and the dminage structures will not need to handle additional capacity. Therefore. no impacts would occur. d) Have sufncient water supplies available to serve the project rrom existing entillements and resources, ur are new or expnnded entitlements needed? No Impact. The project site is presently occupied by HMP hardline open space and existing drainage structures. The proposed project would not require a water supply. Thus, the project would have no impact on water supplies. e) Result in a determination by the wastewater treatment provider, which serves or may serve the project t1u1t it bas adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 38 Rev. 02/lS/08 l-IMP 09-03 Romeria Street Channel Improvement No Impact. The project would improve the existing, damaged, structures to be able to function as intended. The water runoff carried by the structures empties into Batiquitos Lagoon via San Marcos Creek, and ultimately into the Pacific Ocean and is not treated by a treatment plant As a result, no expansion of capacity for a treatment plant would be required and no impacts would occur. t) De served by a landfill with surlicicnt permitted capacity to accommodate the project's solid waste disposal needs? No Impact. The project involves the replacement of existing drainage structures and a maintenance access road. No measurable increase in impact on solid waste creation is expected to result from the subject project once complete. Waste from the project construction will be taken to a landfill with sufficient capacity. As a result, no impacts would occur. g) Comply with federal, slate, and local st~tutcs and regulations rcJated to solid waste? No Impact. The project would create no impact on solid waste collection and disposal, and would comply with federal, state, and local statutes. As a result, no impacts would occur. XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce 1he habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumula- tively considerable" means that t11e incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?} c) Does the project have environmental effects, which wil1 cause the substan1ial adverse effects on human beings, either directly or indirectly? Potentially Significant Impact 0 0 0 Potentially Less Than No Significant Significant Impact Unless Impact Mitigation Incorporated 18] 0 0 0 0 0 0 a} Docs the prnject have tile potential fo degrade the quality of tile environment, subslanlially reduce lite habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range or a rare or endangered plant or animal or eliminate important examples of the major periods of Callfornia history or prehistory? Potentially Significant Unless Mitigation Incorporated. Potentially significant project impacts could occur to biological resources, as indicated in this document. These impacts are primarily short-term and would occur only during project construction and all can be mitigated to a less than significant level. Mitigation measures are appropriate in order to minimize construction impacts to sensitive wildlife in the area and to eliminate the potential 39 Rev. 02/15/08 HMP 09-03 Romeria Street Channel Improvement for impacts to nesting sensitive species which may be expected to utilize the area during breeding season. Mitigation measures are listed at the end of this document and in the attached Mitigation Monitoring and Reporting Program. · b) Docs the project have impacts that are individuany limited, but cumulntivcly considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the efrects of past projects, the effects of other current projects, and the effects of probable future projects?) Less Than Significant Impact. The project involves the replacement of existing drainage structures and the addition of a slope protection and a maintenance road within HMP hard line open space. No cumulative impacts will result from implementation of this drainage structure replacement project. This project's conformance with the HMP ensures it avoids the potential to contribute to a significant cumulative impact to biology; It is concluded that no significant cumulative impacts would result from implementation of the project. c) Docs the project have environmental effects, which wiJJ cause substantial adverse effects on human beings, either directly or indirectly? No Impact. The project does not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. The project proposes no habitable structures or uses, is not proposed on a site with hazardous substances, and involves no use that would require transport, use, storage, or upset of hazardous materials, or that would generate hazardous or objectiomible fumes, plumes, or odors. The project would meet all existing standards established by federal, state, and local regulations as discussed herein. With implementation of the proposed mitigation measures, no substantial indirect or direct adverse effects would result from project implementation. XVIII. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EJR or negative declaration. Section 15063(c)(3)(0). In this case a discussion should identify the following <m attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are avai1ab1e for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less Than Significant with Mitigatitm Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 40 Rev. 02/15/08 HMP 09-03 I Romeria Street Channel Improvement EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008. I. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-0 I), City of Carlsbad Planning Department. March 1994. 2. California Department of Transportation website, "California Scenic Highway Mapping System." http://www.dot.ca.gov/hq/LandArch/scenic highwavs/index.htm. Accessed September 15, 2008. 3. Scenic Corridor Guidelines. City of Carlsbad. July I, 1988. 4. Current Rules and Regulations, County of San Diego Air Pollution Control District (November, 2002). ' 5. San Diego County Important Farmland, California Department of Conservation (August, 2008). 6. Biological Resources Re{:!ort, Romeria Streel Drainage Improvements. LSA Associates Inc. November 2008. 7. Geotechnical Evaluation Romeria Street Drainage Improvement Project. Ninyo & Moore Geotechnical and Environmental Sciences Consultants. June 27,2008. I 8. Habitat Management Plan for Natural Communities in the City of Carlsbad. City of Carlsbad. Final Approval November, 2004. 9. Guidelines for Biological Studies. City of Carlsbad, 2008. 10. Uniform Building Code-Volume 1 (1997); Table 18-1-B. 11. Zone 6 Local Faci1ites Management Plan. City of Carlsbad. November, 1987 12. City of Carlsbad Municipal Code Title 21; Zoning Ordinance. City of Carlsbad. Updated through September 2008. 13. City of Carlsbad General Plan-City of Carlsbad Planning Department, dated March, 1994. 14. City of Carlsbad Drainage Master Plan-City of Carlsbad, dated July 2008. 15. Final Environmental Impact Report, City of Carlsbad Drainage Master Plan Update, December 2007. 16. Special Publication 42. California Department ofConsell'Vation (2007). 17. Federal Emergency Management Agency Flood Insurance Rate Map, San Diego County, California and Incorporated Areas, Map Number 06073C1053 F (Panel No. 1053) and Map, Effective June 19, 1997. 41 Rev. 01/02/07 LIST OF MlTIGATING MEASURES OF APPLICABLE) HMP 09-03 Romeria Street Channel Improvement To mitigate potentially significant project impacts, the following mitigation measures shall be applied to the development of the proposed project: Biologienl Resources BIO -1 Implementation of construction, clearing of vegetation, or project maintenance within the project impact footprint shall occur outside the breeding season {February IS through September 1 5). The USFWS will be notified at least seven days before clearing and grubbing begins. During construction conducted outside the breeding season, a qualified biologist shall walk the area directly ahead of.construction equipment to flush birds from the area. The biologist will immediately report to the USFWS the number and location of any federally listed birds disturbed by clearing and grubbing. No gnatcatchers will be injured or killed. If construction, clearing of vegetation, or maintenance must commence during breeding seas.on, then the City shall have a qualified biologist conduct a preconstruction survey for nesting birds, including raptors, within three days of construction. Should nesting birds be detected within 100 feet of the project impact footprint, the USFWS will be notified immediately of any federally listed species that are located during the preconstruct ion survey. A qualified biologist shall then establish suitable buffer area (at least 300 feet) within which no construction activity may take place until the nest is no longer active. Alternatively, the City can conduct surveys for coastal California gnatcatcher to determine presence during the breeding season as described below. Work may be allowed if no gnatcatchcrs are present. If construction or maintenance activities are necessary during the breeding season, a .qualified biologist will conduct a focused species coastal California gnatcatcher survey in appropriate habitat within and surrounding the project area. The surveys will consist of three visits, one week apart; the last of these will be conducted no more than three days prior to construction or maintenance, as required by the Guidelines for Biological Studies (City of Carlsbad 2008). During the breeding season, construction noise shall be monitored regularly to maintain a threshold at or below 60 dBA hourly Leq within 300 feet of breeding habitat occupied by listed species. If noise levels supersede the threshold, the construction array will be changed or noise attenuation measures will be implemented, as recommended in the Guidelines for Biological Studies {City of Carlsbad 2008). BIO-2 Habitat restoration or enhancement will be performed to meet the HMP requirements for impacts to coastal sage scrub, native grasslands, and nonnative grasslands. Mitigation will be required on site or off site through preservation, creation, or restoration of habitat in accordance with the mitigation ratios listed in the HMP. Mitigation for impacts to unoccupied coastal sage scrub, nonnative grassland, and disturbed lands may be fulfilled with out-of-kind mitigation ifthey are contributing to assembly of a large contiguous habitat parcel, as discussed in Table 11 of the HMP. The City wiJI be responsible for providing mitigation pursuant to the HMP prior to issuance of notice to proceed: A. For 0.099 acre of impacts to coastal sage scrub habitat, mitigation at a 1: I ratio (0.099 acre, or approximately 4,3 12 square feet) for scrub unoccupied by coastal California gnatcatcher, or a 2: I ratio (0.198 acre, or approximately 8,625 square feet) for occupied coastal sage scrub. Mitigation for unoccupied habitat will be achieved via credits from the City's Lake Calavera Mitigation Parcel while any occupied habitat mitigation will be achieved via on site creation or restoration, or in another suitable area approved by the appropriate resource agencies. Creation or restoration shall occur based on an approved plan, shall occur under the direction of a professional biologist, and shall be subject to monitoring for a period of approximately 3 to 5 years, as directed by the appropriate agencies. B. For 0.143 acre of impacts to nonnative grasslands, mitigation at a 0.5: I ratio (0.072 acre, or approximately 3,136 square feet). Mitigation will be acl1ieved via credits rrom the City's Lake Calavera Mitigation Parcel. C. For 0.098 acre of impacts to disturbed habitat, mitigation at a 0.1: I ratio (0.0098 acre, or approximately 427 square feet). Mitigation will be achieved via credits from the City's Lake Calavcra Mitigation Parcel. 42 Rev. 0 1/02/07 HMP 09-03 Romerin Street Channel Improvement D. For 0.003 acre of impacts to native grassland, mitigation at a 3: I ratio (0.009 acre, or approximately 392 square feet). Mitigation will be achieved via creation at the City's Lake Calavcra Mitigation Parcel. 1110-3 Prior to any site construction activities, including grading, clearing, or placement of materials or equipment, a construction fence shall be installed at the project limits adjacent to sensillive, native plants so as to clearly delineate the grading limits and to insure additional impacts do not occur. This mostly applies to the northwest and southwest portions of the project boundary. BIO-4 Habitat restoration of creation will be prefonned to meet the HMP requirements for impacts to wetlands. Mitigation will be on site or off site through creation or restoration of habitat in accordance with the mitigation ratio listed in the HMP. Creation or restoration shall occur based on an approved plan, shall occur under the direction of a professional biologist, and shall be subject to monitoring for a period of approximately 3 to 5 years, as directed by the appropriate agencies. The City will be responsible for providing mitigation pursuant to the HMP prior to issuance of notice to proceed: · Cultural CUL-l A. For 0.077 Dcre of impacts to disturbed wetlands, mitigation at a 1: I ratio (0.077 acre, or approximately 3,354 square feet). Wethmd mitigation will be achieved via on site creation or restoration, or in another suitable area approved by the appropriate resource agencies. a) Preconstruction Requirements-Prior to the issuance of notice to proceed, a pedestrian survey shall be conducted under the supervision of a qualified nrchaeologist for previously undisturbed areas that have not been surveyed or adequately surveyed (e.g., the urea was surveyed with outdated or non-protocol methods). The survey shall be conducted in parallel linear transects spaced no farther than 10 meters apart in undeveloped areas. I) Cultural resources, if found during the survey, shall be photographed, mapped using a global positioning system (GPS), and recorded on the appropriate California Department of Parks and Recreation forms (DPR Fonn 523A/B). The forms shall be submitted to the SCJC for the assignment of Primary numbers within t week of the survey.· 2) Within I month of completion of the field survey, a draft letter report or technical report shall be submitted to the City for review, whether the survey is negative or positive. A final report shall be submitted within 6 weeks of receipt of the City's comments, with a copy submitted to the SCIC for their files. b) If the pedestrian survey is positive, the qualified archaeologist shall conduct an updated archival search, if needed, as well as additional detailed field testing. Local Native American groups shall be contacted for testing of prehistoric cultural resources regarding the project. Where applicable, the City will execute a Pre-Excavation Agreement with the appropriate Native American groups. I) Prior to the start of field testing, surface artifacts and( or features shall be marked and mapped using a GPS. Testing shall be required if surface artifacts are discovered, and shall include a program of 30-cm-diameter shovel test pits (STPs) to define site boundaries and identitY the potential for a substantial subsurface deposit. 2) Based on the results of the STPs, additional measures such as Test Excavation Units or mechanicai trenching (for substantial historic sites) would be placed in areas with the potential for a substantial subsurface deposit, as determined by the qualified archeologist. 3) All excavated soils shall be screened through 1/8-inch mesh hardware cloth. On completion of the project the artifact collection, along with copies of the catalogs and the technical report, shall be permanently curated at the San Diego Archaeological Center. An updated site record shall be prepared and submitted to the SCIC. 43 Rev. 01/02/07 HMP 09-03 Romeria Street Channel Improvement 4) Within 3 months of completion of the fieldwork, a draft technical report including evaluations and recommendations shall be prepared and submitted. The final technicul report shull be submitted within 6 weeks of receipt of the City's comments. CUL-2 Monitoring Requirements-Construction monitoring will be required for proposed components that involve excavation or grading within undisturbed native soils and could potenthdly impact subsurface cultural deposits. a) Prior to the first preconstruction meeting for the project, the Planning Director (PO) shall verify that the requirements for archaeological monitoring and Native American monitoring, if applicable, have been noted on the appropriate construction documents. The applicant shal1 retain a qualified archaeologist to verifY that a records search has been completed and updated, as necessary, and to implement the monitoring program. At the preconstruction meeting, the archaeologist shall submit to the PD a copy of the site/grading plan that identifies areas to be monitored. b) The qualified archaeologist shall be present full-time during grading/excavation of native soils with the potential to contain buried cultural features or deposits and shaU document activity via the Consultant Monitor Record. Monitoring of trenches shall include mainline, laterals, services and all other appurtenances that impact native soils I foot deeper than existing as detailed on the plans or in the contract documents. Jt is the construction manager's responsibility to keep the archaeological monitors up-to-date with current plans. c) ln the event of a discovery, the archaeologist, or the Principal Investigator (PI} if the monitor is not qualified as a Pl, shall divert, direct, or temporarily halt ground-disturbing activities in the area of the discovery to a11ow for preliminary evaluation of potentially significant archaeological resources. The PI shall also immediately notify the construction manager and the PO of such findings at the time of discovery. 1) The significance of the discovered resources shall be assessed by the Pl. For significant archaeological resources, a Research Design and Data Recovery Program shall be prepared and implemented by the qualified arcl1aeologist. The results of the Research Design and Data Recovery Program shall be approved by the City before ground-disturbing activities in the area ofdiscovery shall be allowed to resume. d) lfhuman remains are discovered, work shall halt in that area and procedures set forth in the California Public Resources Code (Sec. 5097.98) and State Health and Safety Code (Sec. 7050.5) shalt be implemented. Construction in that area shall not resume until the remains have been evaluated and conveyed to appropriate descendants or reinterred to the satisfaction of the Pl. e) The archaeologist shall notifY the PO, in writing, of the end date of monitoring. The archaeologist shall be responsible for ensuring that all cultural remains collected are cleaned, catalogued, and permanently curated with an appropriate institution; that a letter of acceptance from the curation institution has been submitted to the Planning Department; that all artifacts are analyzed to identifY function and chronology as they relate to the history ofthe area; that faunal material is identified as to species; and that specialty studies are completed, as appropriate. I) Within 3 months following the completion of monitoring, the Draft Results Report {even ifnegative) and/or evaluation report, ifapplicable, which describes the results, analysis, and conclusions of the Archaeological Monitoring Program (with appropriate graphics) shall be submitted to the PO for approval. For significant archaeological resources encountered during monitoring, the Research Design and Data Recovery Program shall be included as part of the Drafi Results Report. The qualified archaeologist shaU be responsible for recording (on the appropriate State of California Department of Park and Recreation forms-DPR 523 A/B) any significant or potentially significant resources encountered during the Archaeological Monitoring Program, and submitting such forms to the SCIC with the Final Results Report. Geology and Soils GEO-1 The project will comply with the recommendations of the Geotechnical Evaluation prepared by Ninyo & Moore, dated June 27, 2008 in order to increase stability due to the existing soil condition. 44 Rev. 01/02/07 Hydrology and Water Quality HMP 09-03 Romeria Street Channel Improvement WQ -I Prior to issuance of notice to proceed, the developer shall prepare and submit for review and approval of the Carlsbad City Engineer, a Stonn Water Pollution Prevention Program (SWPPP) to demonstrate that pollutants will be controlled through compliance with the City of Carlsbad Standard Urban Storm water Mitigation Plan (SUSMP), General Construction Storm water Permit (Order No. 99·08, NPDES CAS000002), and the General Municipal Storm water Permit (Order R9-2007-0001, NPDES CASOI08758). The applicant shall be responsible for monitoring and maintaining the BMP erosion control measures identified below on a weekly basis in accordance with the City's grading and erosion control requirements (Municipal Code Section 15.16. et seq.). The locations of all erosion control devices shall be shown in the SWPP. BMPs that shall be installed include, but are not limited to, the following: • Silt fence, fiber rolls, or gravel bag bcnns • Street sweeping and vacuuming • Storm drain inlet protection • Stabilized construction entrance/exit • Hydroseed, soil binders, or straw muJch • Containment of material delivery and storage areas • Stockpile management • Spill prevention and control • Waste management for solid, liquid, hazardous, and sanitary waste, and contaminated soil Land Use nnd Planning LU -J Prinr to issuance of notice to proceed, the applicant shall obtain all applicable permits from other agencies such as a 1602 Streambed Alteration Agreement from the California Department of Fish and Game {CDFG), a 404 pennit from the United States Army Corps of Engineers (USACE), and a 40 I permit from the California Regional Water Quality Control Board (RWQCB). 45 Rev. 01/02/07 APPLICANT CONCURRENCE WITH MITIGATION MEASURES t \ l-IMP 09·03 Romeria Street Channel Improvement TillS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date 1 Signature .. 46 Rev. 01/02/07 Page 1 of 8 PROJECT NAME: Romeria Street Channel Improvement FILE NUMBERS: ..:...:H=M~P-=0~9....::·0=3 _____ -'--__ _ APPROVAL DATE: ____________ _ The following environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate identified environmental impacts to a level of insignificance. A completed and signed checklist for each mitigation measure indicates that this mitigation measure has been complied with and implemented, and fulfills the City's monitoring requirements with respect to Assembly Bill 3180 (Public Resources Code Section 21081.6). Mitigation Measure I Monitorhig Type Biology 810 -1 Implementation of construction, clearing of vegetation, or project maintenance within the project impact footprint shall occur outside the breeding season (February 15 through September 15). The USFWS will be notified at least seven days before clearing and grubbing begins. During construction conducted outside the breeding season, a qualified biologist shall walk the area directly ahead of construction equipment to flush birds from the area. The biologist will immediately report to the USFWS the number and location of any federally listed birds disturbed by clearing and grubbing. No gnatcatchers will be injured or killed. If construction, clearing qf vegetation, or maintenance must commence during breeding season, then the City shall have a qualified biologist conduct a preconstruction survey for nesting birds, including raptors, within three days of construction. Should nesting birds be detected within 100 feet of the project impact footprint, the USFWS will be notified immediately of any federally listed species that are located during the preconstruction survey. A qualified biologist shall then establish suitable buffer area (at least 300 feet) within which no construction activity may take place until the nest is no longer active. Alternatively, the City can conduct surveys for coastal California gnatcatcher to determine presence during the breeding season as described below. Work may be allowed if no gnatcatchers are present. If construction or maintenance activities are necessary during the breeding season, a qualified biologist will conduct a focused species coastal California gnatcatcher survey in appropriate habitat within and surroundinq the project area. The surveys will Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans =When mitigation measure is shown on plans, this column will be initialed and dated. I Monitoring Department Planning 1 Engineering Verified Implementation-= When mitigation measure has been implemented, this column will be initialed and dated. Remarks= Area for describing status of ongoing mitigation measure, or for other Information. RD-APP' P. Shown on Verified Remarks Plaris Implementation i j i I Page. ~ 8 Monitoring Mitigation Measure consist of three visits, one week apart; the last of these will be conducted no more than three days prior to construction or maintenance, as required by the Guidelines for Biological Studies (City of Carlsbad 2008}. During the breeding season, construction noise shall be monitored regularly to maintain a threshold at or below 60 dBA hourly Leq within 300 feet of breeding habitat occupied by listed species. If noise levels supersede the threshold, the construction array will be changed or noise attenuation measures will be implemented, as recommended in the Guidelines for Biological Studies (City of Carlsbad 2008). 810 - 2 Habitat restoration or enhancement will be performed to meet the HMP requirements for impacts to coastal sage scrub, native grasslands, and nonnative grasslands. Mitigation will be required on site or off site through preservation, creation, or restoration of habitat in accordance with the mitigation ratios listed in the HMP. Mitigation for impacts to unoccupied coastal sage scrub, nonnative grassland, and disturbed lands may· be fulfilled with out-of-kind mitigation if they are contributing to assembly of a large contiguous habitat parcel, as discussed in Table 11 of the HMP. The City will be responsible for providing mitigation pursuant to the HMP prior to issuance of notice to proceed: A For 0.099 acre of impacts to coastal sage scrub habitat, mitigation at a 1:1 ratio (0.099 acre, or approximately 4,312 square feet) for scrub unoccupied by coastal California gnatcatcher, or a 2:1 ratio (0.198 acre, or approximately 8,625 square feet) for occupied coastal sage scrub. Mitigation for unoccupied habitat will be achieved via credits from the City's Lake Calavera Mitigation Parcel while any occupied habitat mitigation will be achieved via on site creation or restoration, or in another suitable area approved by the appropriate resource agencies. Creation or restoration shall occur based on an approved plan, shall occur under the direction of aprofessional biologist, and shall Exqlanatlon of Headings: Type= Project, ongoing, cumulative. Type Project Monitoring Depl = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans =When mitigation measure is shown on plans, this column will be initialed and dated. Monitoring Department Planning I Engineering Verified Implementation= When mitigation measure has been implemented, this column will be initiated and dated. Remarks= Area for describing status of ongoing mitigation measure, or for other information. RD-Appendix P. ----···················-·········-···- Shown on Plans Verified Implementation Remarks Mitigation Measure Monitoring Type be subject to monitoring for a period of approximately 3 to 5 years, as directed by the appropriate agencies. B. For 0.143 acre of impacts to nonnative grasslands, mitigation at a 0.5:1 ratio (0.072 acre, or approximately 3,136 square feet}. Mitigation will be achieved via credits from the City's Lake Calavera Mitigation Parcel. C. For 0.098 acre of impacts to disturbed habitat, mitigation at a 0. 1:1 ratio (0.0098 acre, or approximately 427 square feet). Mitigation will be achieved via credits from the City's Lake Calavera Mitigation Parcel. D. For 0.003 acre of impacts to native grassland, mitigation at a 3:1 ra~tio (0.009 acre, or approximately 392 square feet). Mitigation will be achieved via creation at the City's Lake Calavera Mitigation Parcel. BIO -3 Prior to any site construction activities, including Project grading, clearing, or placement of materials or equipment, a construction fence shall be installed at the project limits adjacent to sensitive, native plants so as to clearly delineate the grading limits and to insure additional impacts do not occur. This mostly applies to the northwest and southwest portions of the project boundary. BIO - 4 Habitat restoration of creation will be preformed to meet Project the HMP requirements for impacts to wetlands. Mitigation will be on site or off site through creation or restoration of habitat in accordance with the mitigation ratio listed in the HMP. Creation or restoration shall occur based on an approved plan, shall occur under the direction of a professional biologist, and shall be subjE;ct to monitoring for a period of approximately 3 to 5 years, as directed by the appropriate agencies. The City will be responsible for providing mitigation pursuant to the HMP prior to issuance of notice to proceed: A. For 0.077 acre of impacts to disturbed wetlands, mitigation at a 1:1 ratio (0.077 acre. or approximately 3,354 sauare feet). Wetland mitiaation will be achieved Explanation of Headings: Type= Projed, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans =When mitigation measure is shown on plans, this column will be initialed and dated. Monitoring Department Planning I Engineering Planning I Engineering Verified Jmplementatlon ""When mitigation measure has been implemented, this column will be initialed and dated. Remarks"" II. tea for describing status of ongoing mitigation measure, or for other information. RD -ApJ: P. Shown on Verified Remarks Plans Implementation Paae·. ~8 Mitigation Measure Monitoring Type via on site creation or restoration, or in another suitable area approved by the appropriate resource agencies. Cultural CUL-1 The following mitigation measures will be required as Project the project is located in an undeveloped area that could potentially impact significant cultural deposits. In addition, for any operation and maintenance activities that will require temporary construction of an access road through previously undeveloped or undisturbed areas, the following mitigation measures will be required prior to construction. a) Preconstruction Requirements-Prior to the issuance of notice to proceed, a pedestrian survey shall be conducted under the supervision of a qualified archaeologist for previously undisturbed areas that have not been surveyed or adequately surveyed (e.g., the area was surveyed with outdated or non- protocol methods). The survey shall be conducted in parallel linear transects spaced no farther than 10 meters apart in undeveloped areas. 1) Cultural resources, if found during the-survey, shall be photographed, mapped using a global positioning system (GPS), and recorded on the appropriate California Department of Parks and Recreation forms {OPR Form 523A/B). The forms shall be submitted to the SCIC for the assignment of Primary numbers within 1 week of the survey. 2) Within 1 month of completion of the field survey, a draft letter report or technical report shall be submitted to the City for review, whether the survey is negative or positive. A final report shall be submitted within 6 weeks of receipt of the City's comments, with a copy submitted to the SCIC for their files. b) If the pedestrian survey is positive, the qualified archaeologist shall conduct an updated archival search, if needed, as well as additional detailed field testing. Local Native American groups shall be contacted for testing of prehistoric cultural resources Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept = Department, or Agency, responsible for monitoring a particular mit!gation measure. Shown on Plans =When mitigation measure is shown ·on plans, this column will be initialed and datecl. Monitoring Department Planning I Engineering Verified Implementation= When mitigation measure has been implemented, this column will be initialed and dated. Remarks =Area for describing status of ongoing mitigation measure, or for other infonnalion. RD • Appendix P. Shown on Verified Remarks Plans Implementation \;: Paae 5 of8 Mitigation Measure Monitoring Monitoring Type Department regarding the project. Where applicable, the City will execute a Pre-Excavation Agreement with the appropriate Native American groups. 1) Prior to the start of field testing, surface artifacts andfor features shall be marked and mapped using a GPS. Testing shall be required if surface artifacts are discovered, and shall include a program of 30-cm-diameter shovel test pits (STPs) to define site boundaries and identify the potential for a substantial subsurface deposit. 2) Based on the results of the STPs, additional measures such as Test Excavation Units or mechanical trenching (for substantial historic sites) would be placed in areas with the potential for a substantial subsurface deposit, as determined by the qualified archeologist. 3) All excavated soils shall be screened through 1/8-inch mesh hardware cloth. On completion of the project the artifact collection, along with copies of the catalogs and the technical report, shall be permanently curated at the San Diego Archaeological Center. An updated site record shall be prepared and submitted to the SCIC. 4} Within 3 months of completion of the fieldwork, a draft technical report including evaluations and recommendations shall be prepared and submitted. The final technical report shall be submitted within 6 weeks of receipt of the City's comments. CUL-2 Monitoring Requirements -Construction monitoring will Project Planning I be required for proposed components that involve excavation or Engineering grading within undisturbed native soils and could potentially impact subsurface cultural deposits. a) Prior to the first preconstructfon meeting for the project, the Planning Director {PO) shall verify that the requirements for archaeological monitoring and Native American monitoring, if applicable, have been noted on the appropriate construction documents. The applicant shall retain a qualified archaeologist Explanation of Headings: Type :: Project, ongoing, cumulative. Monitoring Dept. "' Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans =When mitigallon measure is shown on plans, this column will be initialed and dated. Verified Implementation =When mitigation measure has been implemented, this column will be initialed and dated. Remarks "' "'~a for describing status of ongoing mitigation measure, or for other information. RD-APA '='. Shown on Verified Remarks Plans Implementation -- ~ Monitoring Monitoring Mitigatfon Measure Tvoe Department to verify that a records search has been completed and updated, as necessary, and to implement the monitoring. program. At the preconstruction meeting, the archaeologist shall submit to the PO a copy of the site/grading plan that identifies areas to be monitored. b) The qualified archaeologist shall be present full-time during grading/excavation of native soils with the potential to contain buried cultural features or deposits and shall document activity via the Consultant Monitor Record. It is the construction manager's responsibility to keep the archaeological monitors up- to~date with current plans. c) In the event of a discovety, the archaeologist, or the Principal Investigator (PI} if the monitor is not qualified as a PI, shall divert, direct, or temporarily halt ground-disturbing activities in the area of the discovery to allow for preliminary evaluation of potentially significant archaeological resources. The PI shall also immediately notify the construction manager and the PO of such findings at the time of discovery. 1) The significance of the discovered resources shall be assessed by the Pl. For significant archaeological resources, a Research Design and Data Recovery Program shall be prepared and implemented by the qualified archaeologist. The results of the Research Design and Data Recovery Program shall be approved by the City before ground-disturbing activities in the area of discovery shall be allowed to resume. d) If human remains are discovered, work shalf halt in that area and procedures set forth in the California Public Resources Code (Sec. 5097.98) and State Health and Safety Code (Sec. 7050.5) shall be implemented. Construction in that area shall not resume until the remains have been evaluated and conveyed to appropriate descendants or reinterred to the satisfaction of the Pl. e) The archaeologist shall notify the PD, in writing, of the end Explanation of Headings: Type = Projed, ongoing, cumulative. Monitoring Dept.= Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans =When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation= When mrtigation measure has been implemented, this column will be initialed and dated. Remarks= Area for describing status of ongoing mitigation measure, or for other information. RD-Appendix P. Shown on Verified Plans Implementation Remarks Paae 7 of a Mitigation Measure Monitoring Monitoring Type Department date of monitoring. The archaeologist shall be responsible for ensuring that all cultural remains collected are cleaned, catalogued, and permanently curated with an appropriate institution; that a letter of acceptance from the curation institution has been· submitted to the Planning Department; that all artifacts are analyzed to identify function and chronology as they relate to the history of the area; that faunal material is identified as to species; and that specialty studies are completed, as appropriate. f) Within 3 months following the completion of monitoring, the Draft Results Report {even if negative) and/or evaluation report, if applicable, which describes the results, analysis, and conclusions of the Archaeological Monitoring Program {with appropriate graphics) shall be submitted to the PO for approval. For significant archaeological resources encountered during monitoring, the Research Design and Data Recovery Program shall be included as part of the Draft Results Report. The qualified archaeologist shall be responsible for recording (on the appropriate State of California Department of Park and Recreation forms-DPR 523 AlB) any significant or potentially significant resources encountered during the Archaeological Monitoring Program, and submitting such forms to the SCIC with the Final Results Report. Geology and Soils GEO - 1 The project will comply with the recommendations of Project Planning I the Geotechnical Evaluation prepared by Ninyo & Moore, dated Engineering June 27, 2008 in order to increase stability due to the existing soil condition. Hydrology and Water Quality WQ - 1 Prior to issuance of notice to proceed, the developer Project Planning/ shall prepare and submit for review and approval of the Carlsbad Engineering City Engineer, a Storm Water Pollution Prevention Program (SWPPP) to demonstrate that pollutants will be controlled through compliance with the City of Carlsbad Standard Urban Storm water Mitigation Plan (SUSMP), General Construction Storm water Permit (Order No. 99-08, NPDES CAS000002}, and the General Municipal Storm water Permit (Order R9-2007-: Explanation of Headings: Type= Project. ongoing, cumulative. Monitoring Dept = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans= When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = At:ea for describing status of ongoing mitigation measure, or for other infonnation. RD-APP' '=>, Shown on Verified Remarks Plans Implementation Page, _8----------------------------~~~~---r~~~~~~~~--~--~=-~~---------, Monitoring Monitoring Shown on Verified Mitigation Measure 0001, NPDES CAS0108758). The applicant shall be responsible for monitoring and maintaining the BMP erosion control measures identified below on a weekly basis in accordance with the City's grading and erosion control requirements (Municipal Code Section 15.16. et seq.). The locations of all erosion control devices shall be shown tn the SWPP. BMPs that shall be installed include, but are not limited to, the following: • Silt fence, fiber rolls, or gravel bag berms • Street sweeping and vacuuming • Storm drain inlet protection • Stabilized construction entrance/exit • Hydroseed, soil binders, or straw mulch • Containment of material delivery and storage areas • Stockpile management • Spill prevention and control • Waste management for solid, liquid. hazardous, and sanitary waste, and contaminated soil • Concrete waste management Type Department Plans Implementation Land Use and Planning LU - 1 Prior to issuance of notice to proceed, the applicant shall I Project I Planning I obtain all applicable permits from other agencies such as a 1602 Engineering Streambed Alteration Agreement from the California Department of Fish and Game (CDFG), a 404 permit from the United States Army Corps of Engineers {USACE), and a 401 permit from the California Regional Water Quality Control Board (RWQCB). Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept."' Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans= When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation =When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other infonnation. RD -Appendix P. Remarks Page 1 of 8 3wPROJECT NAME: Romeria Street Channel Improvement FILE NUMBERS: ~H=M.:....P...::0;.:.9...::·0;.:.3 ________ _ APPROVAL DATE: ____________ _ The following environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate identified environmental impacts to a level of insignificance. A completed and signed checklist for each mitigation measure indicates that this mitigation measure has been complied with and implemented, and fulfills the City's monitoring requirements with respect to Assembly Bill 3180 (Public Resources Code Section 21 081.6). 0 -1 Implementation of construction, clearing of vegetation project maintenance within the project impact footprint shall occur outside the breeding season (February 15 through September 15). The USFWS will be notified at least seven days before clearing and grubbing begins. During construction conducted outside the breeding season, a qualified biologist shall walk the area directly ahead of construction equipment to flush birds from the area. The biologist will immediately report to the USFWS the number and location of any federally listed birds disturbed by clearing and grubbing. No gnatcatchers will be injured or killed. If construction, clearing of vegetation, or maintenance must commence during breeding season, then the City shall have a qualified biologist conduct a preconstruction survey for nesting birds, including raptors, within three days of construction. Should nesting birds be detected within 100 feet of the project impact footprint, the USFWS will be notified immediately of any federally listed species that are located during the preconstruction survey. A qualified biologist shall establish suitable buffer area (at least 300 feet) within which no construction activity may take place until the nest is no longer active. Alternatively, the City can conduct surveys for coastal California gnatcatcher to determine presence during the breeding season as described below. Work may be allowed if no gnatcatchers are present. If construction or maintenance activities are necessary during the breeding season, a qualified biologist will conduct a focused species coastal California gnatcatcher survey in appropriate habitat within and surround ina the oroiect area. The survevs will Explanation of Headings: Type= Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans =When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation= When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Ar '0r describing status of ongoing mitigation measure, or for other information. RD-Appenc Page 2 of 8 . <>":<(X . ··.~ .·. . -r···· .. ]\Aol'lit()riflg .. · ·J ....•.... ·· ~M~!1f~l\}tl!'lg . r·· Si1~yv'~~Q >I·· > \.je.~iy~£;1,' ·Mil•9ilt~9f;l~'fl.fil~P.r:e·. ···•· · •· tvf)e · ·······t ·· oe!laftitlenl ·.··.··· .·····•···. PI§mir ··· · ·.linPtementatroh consist of three visits, one week apart; the last of these will be conducted no more than three days prior to construction or maintenance, as required by the Guidelines for Biological Studies (City of Carlsbad 2008). During the breeding season, construction noise shall be monitored regularly to maintain a threshold at or below 60 dBA hourly Leq within 300 feet of breeding habitat occupied by listed species. If noise levels supersede the threshold, the construction array will be changed or noise attenuation measures will be implemented, as recommended in the Guidelines for Biological Studies (City of Carlsbad 2008). BIO - 2 Habitat restoration or enhancement will be performed to meet the HMP requirements for impacts to coastal sage scrub, native grasslands, and nonnative grasslands. Mitigation will be required on site or off site through preservation, creation, or restoration of habitat in accordance with the mitigation ratios listed in the HMP. Mitigation for impacts to unoccupied coastal sage scrub, nonnative grassland, and disturbed lands may be fulfilled with out-of-kind mitigation if they are contributing to assembly of a large contiguous habitat parcel, as discussed in Table 11 of the HMP. The City will be responsible for providing mitigation pursuant to the HMP prior to issuance of notice to proceed: A. For 0.099 acre of impacts to coastal sage scrub habitat, mitigation at a 1:1 ratio (0.099 acre, or approximately 4,312 square feet) for scrub unoccupied by coastal California gnatcatcher. Mitigation will be achieved via credits from the City's Lake Calavera Mitigation Parcel. B. For 0.143 acre of impacts to nonnative grasslands, mitigation at a 0.5:1 ratio (0.072 acre, or approximately 3,136 square feet). Mitigation will be achieved via credits from the City's Lake Calavera Mitigation Parcel. C. For 0.098 acre of impacts to disturbed habitat, Explanation of Headings: Type = Project, ongoing, cumulative. Project Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on P1<~ns =When mitigation measure is shown on plans, this column will be initialed and dat<>d. Planning I Engineering Verified lr •entation =When mitigation measure has been implemented, this column will be · ·d and dated. Remarks :. J for describing status of ongoing mitigation measure, or for other information. RD-Appendix P. Remarks mitigation at a 0.1:1 ratio (0.0098 acre, or approximately 427 square feet). Mitigation will be achieved via credits from the City's Lake Calavera Mitigation Parcel. D. For 0.003 acre of impacts to native grassland, mitigation at a 3:1 ratio (0.009 acre, or approximately 392square feet). Mitigation will be achieved via creation at the City's Lake Calavera Mitigation Parcel. 810-3 Prior to any site construction activities, including grading, clearing, or placement of materials or equipment, a construction fence shall be installed at the project limits adjacent to sensitive, native plants so as to clearly delineate the grading limits and to insure additional impacts do not occur. This mostly applies to the northwest and southwest portions of the project boundary. 810-4 Prior to issuance of notice to proceed, wetlands and jurisdictional habitat impacted by project construction will be replaced to ensure no net loss of wetland resources. The City will comply with requirements of the HMP to mitigate impacts to disturbed wetlands at a 1 :1 ratio (0.077 acre, or approximately 3,354 square feet). CUL-1 The following mitigation measures will be required as the project is located in an undeveloped area that could potentially impact significant cultural deposits. In addition, for any operation and maintenance activities that will require porary construction of an access road through previously undeveloped or undisturbed areas, the following mitigation measures will be required prior to construction. a) Preconstruction Requirements-Prior to the issuance of notice to proceed, a pedestrian survey shall be conducted under the supervision of a qualified archaeologist for previously undisturbed areas that have not been surveyed or adequately surveyed (e.g., the area was surveyed with outdated or non- "'""'"""' methods). The survev shall be conducted in oarallel Explanation of Headings: Type= Project. ongoing, cumulative. Project Project Project Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans =When mitigation measure is shown on plans, this column will be initialed and dated. Planning I Engineering Planning I Engineering Planning I Engineering Verified Implementation = When mitigation measure has been implemented, this column will be iniH'-'>Ied and dated. Remarks= ' for describing status of ongoing mitigation measure, or for other information. RD-Appen Page 4 of 8 linear transects spaced no farther than 1 0 meters apart in undeveloped areas. 1) Cultural resources, if found during the survey, shall be photographed, mapped using a global positioning system (GPS), and recorded on the appropriate California Department of Parks and Recreation forms (DPR Form 523A/B). The forms shall be submitted to the SCIC for the assignment of Primary numbers within 1 week of the survey. 2) Within 1 month of completion of the field survey, a draft letter report or technical report shall be submitted to the City for review, whether the survey is negative or positive. A final report shall be submitted within 6 weeks of receipt of the City's comments, with a copy submitted to the SCIC for their files. b) If the pedestrian survey is positive, the qualified archaeologist shall conduct an updated archival search, if needed, as well as additional detailed field testing. Local Native American groups shall be contacted for testing of prehistoric cultural resources regarding the project. Where applicable, the City will execute a Pre-Excavation Agreement with the appropriate Native American groups. 1) Prior to the start of field testing, surface artifacts and/or features shall be marked and mapped using a GPS. Testing shall be required if surface artifacts are discovered, and shall include a program of 30-cm-diameter shovel test pits (STPs) to define site boundaries and identify the potential for a substantial subsurface deposit. 2) Based on the results of the STPs, additional measures such as Test Excavation Units or mechanical trenching (for substantial historic sites) would be placed in areas with the potential for a substantial subsurface deposit, as determined by the qualified archeologist. Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on p1 .. .,s =When mitigation measure is shown on plans, this column will be initialed and datPd. Verified lrr ~ntation =When mitigation measure has been implemented, this column will be i j and dated. Remarks "" -'for describing status of ongoing mitigation measure, or for other information. RD -Appendix P. ~- p 3) All excavated soils shall be screened through 1/8-inch mesh hardware cloth. On completion of the project the artifact collection, along with copies of the catalogs and the technical report, shall be permanently curated at the San Diego Archaeological Center. An updated site record shall be prepared and submitted to the SCIC. 4) Within 3 months of completion of the fieldwork, a draft technical report including evaluations and recommendations shall be prepared and submitted. The final technical report shall be submitted within 6 weeks of receipt of the City's comments. CUL-2 Monitoring Requirements-Construction monitoring will be required for proposed components that involve excavation or grading within undisturbed native soils and could potentially impact subsurface cultural deposits. a) Prior to the first preconstruction meeting for the project, the Planning Director (PO) shall verify that the requirements for archaeological monitoring and Native American monitoring, if applicable, have been noted on the appropriate construction documents. The applicant shall retain a qualified archaeologist to verify that a records search has been completed and updated, as necessary, and to implement the monitoring program. At the preconstruction meeting, the archaeologist shall submit to the PO a copy of the site/grading plan that identifies areas to be monitored. b) The qualified archaeologist shall be present full-time during ng/excavation of native soils with the potential to contain buried cultural features or deposits and shall document activity via the Consultant Monitor Record. Monitoring of trenches shall include mainline, laterals, services and all other appurtenances that impact native soils 1 foot deeper than existing as detailed on the plans or in the contract documents. It is the construction manager's responsibility to keep the archaeological monitors up- to-date with current plans. c) In the event of a discovery, the archaeologist, or the Principal ator (PI) if the monitor is not qualified as a Pl. shall Explanation of Headings: Type -Project, ongoing, cumulative. Project Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans= When mitigation measure is shown on plans, this column will be initialed and dated. Planning I Engineering Verified Implementation= When mitigation measure has been implemented, this column will be ini±i'>~ed and dated. Remarks = 'or describing status of ongoing mitigation measure, or for other information. RD -Appen, Page 6 of 8 -.-.-.. -.-. -.. .· .. · .~t~i~~~~~;M~a~ur& :.;·t Mgt~:~ng , r . t!~!~~=~t ·-l Sh;r:s~n divert, direct, or temporarily halt ground-disturbing activities in the area of the discovery to allow for preliminary evaluation of potentially significant archaeological resources. The PI shall also immediately notify the construction manager and the PO of such findings at the time of discovery. 1) The significance of the discovered resources shall be assessed by the Pl. For significant archaeological resources, a Research Design and Data Recovery Program shall be prepared and implemented by the qualified archaeologist. The results of the Research Design and Data Recovery Program shall be approved by the City before ground-disturbing activities in the area of discovery shall be allowed to resume. d) If human remains are discovered, work shall halt in that area and procedures set forth in the California Public Resources Code (Sec. 5097.98) and State Health and Safety Code (Sec. 7050.5) shall be implemented. Construction in that area shall not resume until the remains have been evaluated and conveyed to appropriate descendants or reinterred to the satisfaction of the Pl. e) The archaeologist shall notify the PD, in writing, of the end date of monitoring. The archaeologist shall be responsible for ensuring that all cultural remains collected are cleaned, catalogued, and permanently curated with an appropriate institution; that a letter of acceptance from the curation institution has been submitted to the Planning Department; that all artifacts are analyzed to identify function and chronology as they relate to the history of the area; that faunal material is identified as to species; and that specialty studies are completed, as appropriate. f) Within 3 months following the completion of monitoring, the Draft Results Report (even if negative) and/or evaluation report, if applicable, which describes the results, analysis, and conclusions of the Archaeological Monitoring Program (with appropriate graphics) shall be submitted to the PD for approval. For significant archaeological resources encountered during Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Pl::~ns =When mitigation measure is shown on plans, this column will be initialed and datArl. Verified lrr ~ntation =When mitigation measure has been implemented, this column will be i ':1 and dated. Remarks ~ • for describing status of ongoing mitigation measure, or for other information. RD-Appendix P. -------------• verifiep·· .. Implementation Remarks Page 7 of 8 -,---.. · --fititi~~ti91l~~~sUi~ monitoring, the Research Design and Data Recovery Program shall be included as part of the Draft Results Report. The qualified archaeologist shall be responsible for recording (on the appropriate State of California Department of Park and Recreation forms-DPR 523 A/8) any significant or potentially significant resources encountered during the Archaeological Monitoring Program, and submitting such forms to the SCIC with the Final Results Report. Geology and Soils GEO-1 The project will comply with the recommendations of the Geotechnical Evaluation prepared by Ninyo & Moore, dated •"""'-June 27, 2008 in order to increase stability due to the existing soil condition. Project I Planning I Engineering Hydrology and Water Qu<~.lity WQ -1 Prior to issuance of notice to proceed, the developer \ Project I Planning I shall prepare and submit for review and approval of the Carlsbad Engineering City Engineer, a Storm Water Pollution Prevention Program (SWPPP) to demonstrate that pollutants will be controlled through compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), General Construction Stormwater Permit (Order No. 99-08, NPDES CAS000002), and the General Municipal Stormwater Permit (Order R9-2007-0001, NPDES CAS01 08758). The applicant shall be responsible for monitoring and maintaining the BMP erosion control measures identified below on a weekly basis in accordance with the City's grading and erosion control requirements (Municipal Code Section 15.16. et seq.). The locations of all erosion control devices shall be noted on the grading plans. BMPs that shall be nstalled include, but are not limited to, the following: • Silt fence, fiber rolls, or gravel bag berms • Check dams • Street sweeping and vacuuming • Storm drain inlet protection • Stabilized construction entrance/exit • Hydroseed, soil binders, or straw mulch • Containment of material delivery and storage areas • Stockpile management Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans= When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation= When mitigation measure has been implemented, this column will be ini~e~led and dated. Remarks = P-~ for describing status of ongoing mitigation measure, or for other information. RD-Appen rr~~$~r······~· ~~~~~-~tl~{i? R~ri!·~······· • Spill prevention and control • Waste management for solid, liquid, hazardous, and sanitary waste, and contaminated soil • Concrete waste management Land Use and Plannin LU - 1 Prior to issuance of notice to proceed, the applicant shall obtain all applicable permits from other agencies such as a 1602 Streambed Alteration Agreement from the California Department of Fish and Game (CDFG), a 404 permit from the United States Army Corps of Engineers (USAGE), and a 401 permit from the California Regional Water Quality Control Board (RWQCB). Project I Planning I Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on p•~.,s =When mitigation measure is shown on plans, this column will be initialed and datPd. Engineering Verified lr; entation =When mitigation measure has been implemented, this column will be ' d and dated. Remarks "" .:l for describing status of ongoing mitigation measure, or for other information. RD -Appendix P. · :Sn9'Af~(~n ¥~lfi~d . } •.. . Ptans:> emei1t9:tioo · Rematks APPENDIX E DEPARTMENT OF THE ARMY NATIONWIDE PERMIT VERIFICATION FILE NO. SPL- 2010-00490-PJB - DEPARTMENT OF THE ARMY US ARMY CORPS OF ENGINEERS 5900 La Place Court, Suite 100 Carlsbad, California 92008 March 14,2014 DEPARTMENT OF THE ARMY NATIONWIDE PERMIT VERIFICATION Sheri Howard Associate Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Dear Ms. Howard: The United States (U.S.) Army Corps of Engineers (Corps) is respondingto your application (File No. SPL-2010-00490-PJB), dated October 6, 2010, for authorization under a Department of the Army Nationwide Permit to discharge dredged and fill material into waters of the U.S., in association with the Romeria Street Stormwater Drainage Repair project and the La Costa Avenue Slope Repair project. The proposed projects would take place in the city of Carlsbad, San Diego County, California (Figure 1). The Romeria Street Stormwater Drainage Repair project consists of a replacement of an existing concrete-lined channel, splash wall, headwall, and two brow ditches (Sheet 3 of 6). A permanent access ramp and pad will be installed to replace the current access point from Levante Street. The La Costa Avenue Slope Repair Project consists of repair of a failed slope that was placed in a spring on the southern side of La Costa A venue between Gibraltar A venue and Romeria Street (Sheets 1 and 2). The slope will be repaired by terracing, placing riprap, and planting. Based on the information you have provided, the Corps has determined that yom proposed activity complies with the enclosed terms _and conditions of Nationwide Permit (NWP) No. 3, Maintenance for the Romaria Street Stormwatet Drainage Repair and NWP No. 18, Minor Discharge for the La Costa Avenue Slope Repair between Gibraltar Avenue and Romeria Street. Specifically, you are authorized to. 1. For the Romeria Street Stormwater Drainage Repair Project: pennanently impact up to 0.09 acre of wetland waters of the U.S. and 0.008 non-wetland waters of the U.S. through the placement of a concrete channel and access ramp (Sheet 4 of 6). -2- 2. For the La Costa Avenue Slope Repair Project: permanently impact up to 0.02 acre of wetland waters (with a natural spring) of the U.S. through slope stabilization along an existing road cut (Sheets 1 and 2). You must comply with the following non-discretionary Special Conditions: Pre-construction: 1. All correspondence and submittals shall reference the Corps project names Romeria Street Stonnwater Drainage Repair Project and the La Costa Avenue Slope Repair Project (File Number 2010-00490-PJB), conspicuously on any transmittal letter and/or the first page/paragraph of the text, and on any graphics or photographs. All plans and photographs shall be labeled and dated. Failure to provide this information may cause the Corps to detennine that the submittals are incomplete, not submitted by the due date, or non-existent, an4 therefore, not compliant with perrirlt conditions. 2. Prior to initiating construction· in' waters offue U.S., the permittee shall submit to the Corps Regulatory Division a complete set of final detailed grading/construction plans showing all work and structures in waters of the U.S. All plans shall be in compliance with the Final Map and Drawing Standards for the Los Angeles District Regulatory Division dated September 15,2009 (http:/ /www.spl.usace.army .mil/regulatory/pn/SPL-RG _map-drawing- standard_final_w-fig.pdf). All plan sheets shall be signed, dated, and submitted on paper no larger than 11 x 17 inches. No work in waters ofthe U.S. is authorized until the permittee receives, in writing (by letter or e-mail), Corps Regulatory Division approval of the final detailed grading/construction plans. The permittee shall ensure that the project is built in accordance with the Corps-approved plans. 3. The permittee shall provide all on-site contractors, subcontractors, and forepersons a copy of the authorized permit with General Conditions (enclosure 1) and Special Conditions. 4. 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 habitat. 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, and compensatory mitigation requirements. Construction: 5. The permittee shall ensure that all construction materials, staging, storage, dispensing, furling, and maintenance activities are located in upland areas outside Corps jurisdiction, and that adequate measures are taken to prevent any potential -3- runoff from entering waters of the U.S. No staging or lay-down areas are permitted in wetlands or waters of the U.S. Such impacts could result in permit suspension and revocation, administrative, civil or criminal penalties, and/or substantial, additional, compensatory mitigation requirements. 6. The permittee shall install silt fences and/or sediment barriers and/or use other appropriate measures to trap eroded sediments on-site and to divert runoff around disturbed soils. These measures shall also be placed along the tops and toes of slopes of access roads to prevent silt from discharging into waters of the U.S. 7. No debris, sand, silt, trash, concrete or washings thereof, oil or other petroleum products or washings thereof, or other foreign materials shall be allowed to enter · or be placed where it may be washed by rainfall or runoff waters into waters of the ·U.S. Upon project completion, any ~d all excess construction materials, debris, and/or other excess project materials .shall be removed to an approved upland disposal site. Mitigation: 8. The permittee shall mitigate for permanent impacts of up to 0.11 acre of waters of the U.S., through re-establishment and establishment of0.3 acre of waters and wetlands of the U.S. as described in the conceptual mitigation plan: "Draft Mitigation and Monitoring Plan and Technical Specifications" (dated September 2011, and prepared by L.S.A and Associates, Inc.) and shown in Figures 3a, 3b, and3c. 9. Prior to initiating construction in waters of the U.S., the permittee shall submit to the Corps an approved Final Mitigation and Monitoring Plan prepared in accordance with the Corps' Los Angeles District Mitigation Guidelines and Monitoring Requirements, dated April19, 2004 and the Mitigation Rule [33 C.F.R. Part 332; 73 FR 19670-19687 (April10, 2008)]. The Final Mitigation and Monitoring Plan shall address the 0.11 acre of permanent impact to waters of the U.S. through re-establishment and establishment of0.3 acre ofwaters and wetlands of the U.S. All maps and drawings shall be in compliance with the Final Map and Drawing Standards for the Los Angeles District Regulatory Division at (http://www.spl.usace.anny .miVregulatory/pn/SPL-RG _map-drawing-. standard_final_w-fig.pdf). No work in waters of the U.S. is authorized until the permittee receives, in writing (by letter or e-mail), Corps approval of the Final Mitigation and Monitoring Plan. The permittee shall complete site preparation and planting and initiate monitoring as described in the final, approved mitigation plan within 15 days of discharging any fill material in waters of the U.S. 10. The permittee shall record a Restrictive Covenant (RC), in a form approved by the Corps Regulatory Division, which shall run with the land, obligating the permittee, its successor and assigns to protect and maintain the 0.3 acre mitigation site in perpetuity (Figures 3b and 3c). The RC shall preclude establishment of fuel modification zones, paved public trails, 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 RC 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 six months of issuance of the permit authorization, the permittee shall submit a draft RC to the Corps Regulatory Division for review. The pennittee shall receive written approval (by letter or e-mail) from the Corps Regulatory Division of this RC prior to it being executed and recorded. No later than 30 calendar days after receiving Corps Regulatory Division approval of the final draft RC, the RC shall be executed and recorded, and a recorded copy furnished to the Corps Regulatory Division. 11. Within 45 calendar days of complete installation o£ all mitigation, the permittee shall submit to the Corps Regulatory Division 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, Corps-approved Final Mitigation and Monitoring Plan; C) Summary of compliance status with each special condition of this permit (including any noncompliance 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 (all sheets must be signed, dated, to-scale, and no larger than 11 x 17 inches). F) Submit certification of compliance enclosure to the Corps within 15 days of completion of the proposed project. Regional Water Quality Control Board: 12. The permitted shall abide by the Regional Water Quality Control Board's water certification requirements (Romeria St Drainage Improvement Project, 1 OC-093) dated March 10,2014. Endangered Species Ad: 13. This Corps pennit does not authorize you to take any threatened or endangered species 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). -5- Cultural Resources: 14. 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 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 Regulatory Division re-authorizes project construction, per 36 C.F.R. section 800.13. This verification is valid through March 18,2017. If on March 18,2017 you have commenced or are under contract to commence the permitted activity you will have an additional twelve (12) months to complete the activity under the present NWP terms and conditions. However, if~ 'discover noncompliance or unauthorized activities associated with the permitted· activity· I may request the use of discretionary authority in accordance with procedures in 33 CFR § 330.4{e) and 33 CFR § 330.5(c) or (d) to modify, suspend, or revoke this specific verification at an earlier date. Additionally, at the national level the Chief of Engineers, any time prior to March 18, 2017, may chose to modify~ suspend, or revoke the nationwide use of a NWP ·after following procedures set forth in 33 CFR § 330.5. It is incumbent upon you to comply with all of the terms and conditions of this NWP verification and to remain informed of any change to the NWPs. A NWP does not grant any property rights or exclusive privileges. Additionally, it does not authorize any injury to the property, rights of others, nor does it 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 Peggy Bartels at 760-602-4832 or via e-mail at Peggy.J.Bartels@usace.army.mil. Please be advised that you can now comment on your experience with Regulatory Division by accessing the Corps web-based customer survey fornn at: http://per2.nwp.usace.army.mil/survey.htznl. Sincerely, Senior Project Manager .. . -6- LOS ANGELES DISTRICT U.S. ARMY CORPS OF ENGINEERS CERTDnCATEOFCO~LIANCE~ DEPARTMENT OF THE ARMY NATIONWIDE PERMIT Permit Number: SPL-2010-00490 Name of Permittee: Sherri Howard, City of Carlsbad Date of Issuance:·· March 14, 2014 Upon completion of the activity authorized by this permit and the mitigation required by this permit, sign this certificate, and return it to the following address: U.S. Army Corps ofEngineers, Los Angeles District Regulatory Division ATIN: CESPL-RG-SPL-2010-00490-PJB LOS ANGELES DISTRICT, ARMY CORPS OF ENGINEERS Carlsbad Field Office 5900 La Place Court, Suite 100 Carlsbad, California 92008 Please note that your permitted activity is subject to a compliance inspection by an Army Corps ofEngineers 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 C.F.R. § 330.5 or enforcement procedures such as those contained in 33 C.F.R. §§ 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 JSIINI) -~C.ZIIIII ) • • -w ........... -. 1 ii ...... .,. ... aaaR&!fl!!:ee.Gt-.,...,.....,._, ....... , ... • ..... , , Sd • Ytpwi.!W • 161c6lCIIIiltp . .... ~ Otr~ ~ ... ztiM,.Jwllt ..................... ,.. a.tDffpt.O..., At1di1icme1,.._. otrm.Mtipli'a .··• -- ... ' •I' --- 1-w liJ a: 1-(/) .:<: ~ 1;Wi!4P* ~ ' ;;_I I ;~~ (!) '/ . '2':.~ r-77~ ·...,.,- :;, ..... ~ . ·; . • ...,."'= ......... -... ~. (;(•Nli'OL OETI'.ILS PEFI b.TIOI~S A.N(J C'ALIFClRNIA ~. 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(Nlaa-.-a CIIAII«AAIlE IIESSAII: SIQi smrue JHRIIS 'Ufitlliit-olretmLt. ·=~~ ·~ 't.'f.firiBif.~ • f:.i'IF.!:r--'"\. ... .11\\"' "iliJi.Wk'i'lir. • :'!'!I!!!.".!!!!':JII&f. ·--·ii11il"t"'"' j,$ ·~""''L"'I!U iliP""nliiiU.o"L'T-.: •IIIIUJ fl.lAf'lllllr&~ "'i.9.:11HQfA-.. Ba'JLWlt'.. ~ W20-2 ~ W20-5(RT) ~ W20-5(LT) <8> W20-1 <%> V/20-4 ~W21-5 '*' W3-4 4}> W4-2(RT) <S> WI-4(LT) 0 WI-4(RT) lltJII.aiE <S> WI-3(L T) 1M! WIJ-1 ~G20-2 c:=:J R9-9 ~ R9-llo ~R9-IO ~. R4-7o <S> C9A(CA) <S> C30(CA) ~ C30A(CA) ?D~~~~~~Lt '!!' D s . .. ..,..,. ... a•==-~OOIIIIIWID Enclosure 1: NATIONWIDE PERMIT NUMBER(S) NWP 3 Maintenance. TERMS AND CONDITIONS 1. Nationwide Permit(s) NWP 3 Maintenance. Terms: Your activity is authorized under Nationwide Permit Number(s) NWP 3 Maintenance. subject to the following terms: 3. Maintenance. (a) 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 that are necessary to make the repair, rehabilitation, or replacement are authorized. 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. (b) This NWP also authorizes the removal of 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. 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. This 200 foot limit does not apply to maintenance dredging to remove accumulated sediments blocking or restricting outfall and intake structures or to maintenance dredging to remove accumulated sediments from canals associated with outfall and intake structures. All dredged or excavated materials must be deposited and retained in an upland area unless otherwise specifically approved by the district engineer under separate authorization. The placement of riprap must be the minimum necessary to protect the structure or to ensure the safety of the structure. Any bank stabilization measures not directly associated with the structure will require a separate authorization from the district engineer. (c) This NWP also authorizes temporary structures, fills, and work necessary to conduct the maintenance activity. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The areas affected by temporary fills must be revegetated, as appropriate. (d) This NWP does not authorize maintenance dredging for the primary purpose of navigation or beach restoration. This NWP does not authorize new stream channelization or stream relocation projects. Notification: For activities authorized by paragraph (b) ofthis NWP, the permittee must submit a pre-construction notification to the district engineer prior to commencing the activity (see general condition 27). Where maintenance dredging is proposed, the pre- construction notification must include information regarding the original design capacities and configurations of the outfalls, intakes, small impoundments, and canals. (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 Clean Water Act Section 404(t) exemption for maintenance. Note: To qualify for NWP authorization, the prospective permittee must comply with the following general conditions, as appropriate, in addition to any regional or case-specific conditions imposed by the division engineer or district engineer. Prospective permittees should contact the appropriate Corps district office to determine if regional conditions have been imposed on an NWP. Prospective permittees should also contact the appropriate Corps district office to determine the status of Clean Water Act Section 401 water quality certification and/or Coastal Zone Management Act consistency for an NWP. 2. Nationwide Permit General Conditions: The following general conditions must be followed in order for any authorization by an NWP to be valid: 1. 1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation. (b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States. (c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 2. 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 nonnally migrate through the area, unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. 3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized. 4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27. 6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act). 7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. 8. Adverse Effects From Impoundments. Ifthe activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable. 9. Management of Water Flows. To the maximum extent practicable, the pre-construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization and storm water management activities, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre-construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities). 10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-approved state or local floodplain management requirements. 11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. 12. 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 oflow-flow or no-flow. 13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The affected areas must be revegetated, as appropriate. 14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity-specific conditions added by the district engineer to an NWP authorization. 15. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project. 16. 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 responsible for the designated Wild and Scenic River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). 17. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 18. Endangered Species. (a) No activity is authorized under any NWP which is likely to directly or indirectly 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 directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which "may affect" a listed species or critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed. (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will review the documentation and determine whether it is sufficient to address ESA compliance for the NWP activity, or whether additional ESA consultation is necessary. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in 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 might affect Federally-listed endangered or threatened species or designated critical habitat, the pre-construction notification must include the name(s) of the endangered or threatened species that might be affected by the proposed work or that utilize the designated critical habitat that might be affected by the proposed work. The district engineer will determine whether the proposed activity "may affect" or will have "no effect" to listed species and designated critical habitat and will notify the non-Federal applicant of the Corps' determination within 45 days of receipt of a complete pre-construction notification. In cases where the non-Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the project, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification the proposed activities will have "no effect" on listed species or critical habitat, or until Section 7 consultation has been completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (d) 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. (e) Authorization of an activity by a NWP does not authorize the "take" of a threatened or endangered species as defmed 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 U.S. FWS or the NMFS, The Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word "harm" in the definition of "take" means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. (f) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the U.S. FWS and NMFS or their world wide web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.noaa.gov/fisheries.html respectively. 19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for obtaining any "take" permits required under the U.S. Fish and Wildlife Service's regulations governing compliance with the Migratory Bird Treaty Act or the Bald and Golden Eagle Protection Act. The permittee should contact the appropriate local office of the U.S. Fish and Wildlife Service to determine if such "take" permits are required for a particular activity. 20. Historic Properties. (a) In cases where the district engineer determines that the activity may affect properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 ofthe National Historic Preservation Act (NHPA) have been satisfied. (b) Federal permittees should follow their own procedures for complying with the requirements of Section 106 ofthe National Historic Preservation Act. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will review the documentation and determine whether it is sufficient to address section 106 compliance for the NWP activity, or whether additional section 106 consultation is necessary. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if the authorized activity may have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre-construction notification must state which historic properties may be affectedby the proposed work or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of or potential for the presence of historic resources can be sought from the State Historic Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre-construction notifications, district engineers will comply with the current procedures for addressing the requirements of Section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted and these efforts, the district engineer shall determine whether the proposed activity has the potential to cause an effect on the historic properties. Where the non-Federal applicant has identified historic properties on which the activity may have the potential to cause effects and so notified the Corps, the non-Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects or that consultation under Section 106 of the NHP A has been completed. (d) The district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether NHP A Section 106 consultation is required. Section 106 consultation is not required when the Corps determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR §800.3(a)). lfNHPA section 106 consultation is required and will occur, the district engineer will notify the non-Federal applicant that he or she cannot begin work until Section 106 consultation is completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (e) Prospective permittees should be aware that section llOk of the NHPA (16 U.S.C. 470h-2(k)) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of Section 106 of the NHP A, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the circumstances, the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21. Discoverv of Previously Unknown Remains and Artifacts. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately notify the district engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 22. Designated Critical Resource Waters. Critical resource waters include NOAA-managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may designate, after notice and opportunity for public comment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment (a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. (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 31, 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. 23. Mitigation. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that adverse effects on the aquatic environment are minimal: (a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States 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 for resource losses) 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 losses that exceed 1/10-acre and require pre-construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse effects of the proposed activity are minimal, and provides a project-specific waiver of this requirement. For wetland losses of 1/1 0-acre or less that require pre-construction notification, the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in minimal adverse effects on the aquatic environment. Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332. (l) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in minimal adverse effects on the aquatic environment. (2) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, wetland restoration should be the first compensatory mitigation option considered. (3) If permittee-responsible mitigation is the proposed option, the prospective permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2)-(14) must be approved by the district engineer before the permittee begins work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3) ). ( 4) If mitigation bank or in-lieu fee program credits are the proposed option, the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided. (5) Compensatory mitigation requirements (e.g., resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan. (d) For losses of streams or other open waters that require pre-construction notification, the district engineer may require compensatory mitigation, such as stream rehabilitation, enhancement, or preservation, to ensure that the activity results in minimal adverse effects on the aquatic environment. (e) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2-acre, it cannot be used to authorize any project resulting in the loss of greater than 1/2-acre of waters of the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that a project already meeting the established acreage limits also satisfies the minimal impact requirement associated with the NWPs. (f) Compensatory mitigation plans for projects in or near streams or other open waters will normally include a requirement for the restoration or establishment, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, riparian areas may be the only compensatory mitigation required. Riparian areas should consist of native species. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to establish a riparian area on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or establishing a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas 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 losses. (g) Permittees may propose the use of mitigation banks, in-lieu fee programs, or separate permittee- responsible mitigation. For activities resulting in the loss of marine or estuarine resources, permittee- responsible compensatory mitigation may be environmentally preferable if there are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee-responsible mitigation, the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project, and, if required, its long-term management. (h) Where certain functions and services of waters ofthe United States are permanently adversely affected, such as the conversion of a forested or scrub-shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse effects of the project to the minimal level. 24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed, the district engineer may require non-Federal applicants to demonstrate that the structures comply with established state dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety. 25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously certified compliance of an NWP with CW A Section 401, individual 401 Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 27. Regional and Case-By-Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination. 28. Use ofMultiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3-acre. 29. Transfer ofNationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature: "When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below." (Transferee) (Date) 30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and any required compensatory mitigation. The success of any required permittee-responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include: (a) A statement that the authorized work was done in accordlance with the NWP authorization, including any general, regional, or activity-specific conditions; (b) A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(1)(3) to confirm that the permittee secured the appropriate number and resource type of credits; and (c) The signature of the permittee certifying the completion of the work and mitigation. 31. Pre-Construction Notification. (a) Timing. Where required by the terms of the NWP, the prospective permittee must notify the district engineer by submitting a pre-construction notification (PCN) as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, ifthe PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete. The request must specify the information needed to make the PCN complete. As a general rule, district engineers will 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 PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either: ( 1) He or she is 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) 45 calendar days have passed from the district engineer's receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, ifthe permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or in the vicinity of the project, or to notify the Corps pursuant to general condition 20 that the activity may have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that there is "no effect" on listed species or "no potential to cause effects" on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or Section 106 of the National Historic Preservation (see 33 CFR 330.4(g)) has been completed. Also, work cannot begin under NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. If the proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee may not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained. 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 ofPre-Construction Notification: The PCN 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) A description of the proposed project; the project's purpose; direct and indirect adverse environmental effects the project would cause, including the anticipated amount of loss of water of the United States expected to result from the NWP activity, in acres, linear feet, or other appropriate unit of measure; any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity. The description should be sufficiently detailed to allow the district engineer to determine that the adverse effects of the project will be minimal and to determine the need for compensatory mitigation. 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 results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans); (4) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many waters of the United States. Furthermore, the 45 day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate; (5) If the proposed activity will result in the loss of greater than 1/10-acre of wetlands and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied, or explaining why the adverse effects are minimal and why compensatory mitigation should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan. ( 6) If any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat, for non-Federal applicants the PCN must include the name(s) of those endangered or threatened species that might be affected by the proposed work or utilize the designated critical habitat that may be affected by the proposed work. Federal applicants must provide documentation demonstrating compliance with the Endangered Species Act; and (7) For an activity that may affect a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, for non-Federal applicants 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. Federal applicants must provide documentation demonstrating compliance with Section 106 ofthe National Historic Preservation Act. (c) Form of Pre-Construction Notification: The standard individual permit application form (Form ENG 4345) may be used, but the completed application form must clearly indicate that it is a PCN and must include all ofthe information required in paragraphs (b)(l) through (7) of this general condition. A letter containing the required information may also be used. (d) Agency Coordination: (1) 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. (2) For all NWP activities that require pre-construction notification and result in the loss of greater than 1/2-acre of waters of the United States, for NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require pre-construction notification and will result in the loss of greater than 300 linear feet of intermittent and ephemeral stream bed, and for all NWP 48 activities that require pre- construction notification, the district engineer will immediately provide (e.g., via e-mail, facsimile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices (U.S. FWS, state natural resource or water quality agency, EPA, State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Office (THPO), and, if appropriate, the NMFS). With the exception ofNWP 37, these agencies will 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. The comments must explain why the agency believes the adverse effects will be more than minimal. If so contacted by an agency, the district engineer will wait an additional 15 calendar days before making a decision on the pre-construction notification. The district engineer will fully consider agency comments received within the specified time frame concerning the proposed activity's compliance with the terms and conditions of the NWPs, including the need for mitigation to ensure the net adverse environmental effects to the aquatic environment of the proposed activity are minimal. The district engineer will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre-construction notification that the resource agencies' concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5. (3) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by Section 305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and Management Act. (4) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre-construction notifications to expedite agency coordination. 3. Regional Conditions for the Los Angeles District: In accordance with General Condition Number 27, "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 all activities in waters of the U.S. that are suitable habitat for federally listed fish species, the permittee shall design all road crossings to ensure that the passage and/or spawning offish is not hindered. In these areas, the permittee shall employ bridge designs that span the stream or river, including pier-or pile-supported spans, or designs that use a bottomless arch culvert with a natural stream bed, unless determined to be impracticable by the Corps. 2. Nationwide Permits (NWP) 3, 7, 12-15, 17-19, 21, 23, 25, 29, 35, 36, or 39-46, 48-52 cannot be used to authorize structures, work, and/or the discharge of dredged or fill material that would result in the "loss" of wetlands, mudflats, vegetated shallows or riffle and pool complexes as defined at 40 CFR Part 230.40-45. The definition of "loss" for this regional condition is the same as the definition of "loss of waters of the United States" used for the Nationwide Permit Program. Furthermore, this regional condition applies only within the State of Arizona and within the Mojave and Sonoran (Colorado) desert regions of California. The desert regions in California are limited to four USGS Hydrologic Unit Code (HUC) accounting units (Lower Colorado -150301, Northern Mojave-180902, Southern Mojave- 181001, and Salton Sea-181002). 3. When a pre-construction notification (PCN) is required, the appropriate U.S. Army Corps of Engineers (Corps) District shall be notified in accordance with General Condition 31 using either the South Pacific Division PCN Checklist or a signed application form (ENG Form 4345) with an attachment providing information on compliance with all of the General and Regional Conditions. The PCN Checklist and application form are available at: http://www.spl.usace.army.mil/missions/regulatory. In addition, the PCN shall include: a. A written statement describing how the activity has been designed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States; b. Drawings, including plan and cross-section views, clearly depicting the location, size and dimensions ofthe proposed activity as well as the location of delineated waters ofthe U.S. on the site. The drawings shall contain a title block, legend and scale, amount (in cubic yards) and area (in acres) of fill in Corps jurisdiction, including both permanent and temporary fills/structures. The ordinary high water mark or, if tidal waters, the mean high water mark and high tide line, should be shown (in feet), based on National Geodetic Vertical Datum (NGVD) or other appropriate referenced elevation. All drawings for projects located within the boundaries of the Los Angeles District shall comply with the most current version ofthe Map and Drawing Standards for the Los Angeles District Regulatory Division (available on the Los Angeles District Regulatory Division website at: www.spl.usace.army.mil/missions/regulatory/); and c. Numbered and dated pre-project color photographs showing a representative sample of waters proposed to be impacted on the project site, and all waters proposed to be avoided on and immediately adjacent to the project site. The compass angle and position of each photograph shall be documented on the plan-view drawing required in subpart b of this regional condition. 4. Submission of a PCN pursuant to General Condition 31 and Regional Condition 3 shall be required for all regulated activities in the following locations: a. All perennial waterbodies and special aquatic sites within the State of Arizona and within the Mojave and Sonoran (Colorado) desert regions of California, excluding the Colorado River in Arizona from Davis Dam to River Mile 261 (northern boundary of the Fort Mojave Indian Tribe Reservation). The desert region in California is limited to four USGS HUC accounting units (Lower Colorado -150301, Northern Mojave-180902, Southern Mojave-181001, and Salton Sea-181002). b. All areas designated as Essential Fish Habitat (EFH) by the Pacific Fishery Management Council (i.e., all tidally influenced areas-Federal Register dated March 12, 2007 (72 FR 11092)), in which case the PCN shall include an EFH assessment and extent of proposed impacts to EFH. Examples of EFH habitat assessments can be found at: http://www.swr.noaa.gov/efh.htm. c. 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. d. The Santa Clara River watershed in Los Angeles and Ventura counties, including but not limited to Aliso Canyon, Agua Dulce Canyon, Sand Canyon, Bouquet Canyon, Mint Canyon, South Fork of the Santa Clara River, San Francisquito Canyon, Castaic Creek, Piru Creek, Sespe Creek and the main-stem of the Santa Clara River. 5. Individual Permits shall be required for all discharges of fill material in jurisdictional vernal pools, with the exception that discharges for the purpose of restoration, enhancement, management or scientific study of vernal pools may be authorized under NWPs 5, 6, and 27 with the submission of a PCN in accordance with General Condition 31 and Regional Condition 3. 6. Individual Permits shall be required in Murrieta Creek and Temecula Creek watersheds in Riverside County for new permanent fills in perennial and intermittent watercourses otherwise authorized under NWPs 29, 39,42 and 43, and in ephemeral watercourses for these NWPs for projects that impact greater than 0.1 acre ofwaters of the United States. In addition, when NWP 14 is used in conjunction with residential, commercial, or industrial developments the 0.1 acre limit would also apply. 7. Individual Permits (Standard Individual Permit or 404 Letter ofPermission) 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 Carpinteria Creek in Santa Barbara County for bank stabilization projects and grade control structures. 8. In conjunction with the Los Angeles District's Special Area Management Plans (SAMPs) for the San Diego Creek Watershed and San Juan Creek/Western San Mateo Creek Watersheds in Orange County, California, the Corps' Division Engineer, through his discretionary authority has revoked the use of the following 26 selected NWPs within these SAMP watersheds: 03, 07, 12, 13, 14, 16, 17, 18, 19, 21, 25, 27, 29, 31, 33, 39, 40, 41, 42, 43, 44, 46, 49, and 50. Consequently, these NWPs are no longer available in those watersheds to authorize impacts to waters of the United States from discharges of dredged or fill material under the Corps' Clean Water Act section 404 authority. 9. Any requests to waive the 300 linear foot limitation for intermittent and ephemeral streams for NWPs 29, 39, 40 and 42, 43, 44, 51 and 52 or to waive the 500 linear foot limitation along the bank for NWP 13, must include the following: a. A narrative description of the stream. This should include known information on: volume and duration of flow; the approximate length, width, and depth of the waterbody and characters observed associated with an Ordinary High Water Mark (e.g. bed and bank, wrack line, or scour marks); a description of the adjacent vegetation community and a statement regarding the wetland status of the associated vegetation community (i.e. wetland, non-wetland); surrounding land use; water quality; issues related to cumulative impacts in the watershed, and; any other relevant information. b. An analysis of the proposed impacts to the waterbody in accordance with General Condition 31 and Regional Condition 3; c. Measures taken to avoid and minimize losses, including other methods of constructing the proposed project; and d. A compensatory mitigation plan describing how the unavoidable losses are proposed to be compensated, in accordance with 33 CFR Part 332. 10. The permittee shall complete the construction of any compensatory mitigation required by special condition( s) of the NWP verification before or concurrent with commencement of construction of the authorized activity, except when specifically determined to be impracticable by the Corps. When mitigation involves use of a mitigation bank or in-lieu fee program, the permittee shall submit proof of payment to the Corps prior to commencement of construction of the authorized activity. 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). () Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). 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. (b) 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. Enclosure 1: NATIONWIDE PERMIT NUMBER(S) NWP 18 Minor Discharges. TERMS AND CONDITIONS 1. Nationwide Permit(s) NWP 18 Minor Discharges. Terms: Your activity is authorized under Nationwide Permit Number( s) NWP 18 Minor Discharges. subject to the following terms: 18. Minor Discharges. Minor discharges of dredged or fill material into all waters of the United States, provided the activity meets all of the following criteria: (a) The quantity of discharged material and the volume of area excavated do not exceed 25 cubic yards below the plane of the ordinary high water mark or the high tide line; (b) The discharge will not cause the loss of more than 1/10 acre of waters ofthe United States; and (c) The discharge is not placed for the purpose of a stream diversion. Notification: The permittee must submit a pre- construction notification to the district engineer prior to commencing the activity if: (1) The discharge or the volume of area excavated exceeds 10 cubic yards below the plane of the ordinary high water mark or the high tide line, or (2) the discharge is in a special aquatic site, including wetlands. (See general condition 27 .) (Sections 10 and 404) Note: To qualify for NWP authorization, the prospective permittee must comply with the following general conditions, as appropriate, in addition to any regional or case-specific conditions imposed by the division engineer or district engineer. Prospective permittees should contact the appropriate Corps district office to determine if regional conditions have been imposed on an NWP. Prospective permittees should also contact the appropriate Corps district office to determine the status of Clean Water Act Section 401 water quality certification and/or Coastal Zone Management Act consistency for an NWP. 2. Nationwide Permit General Conditions: The following general conditions must be followed in order for any authorization by an NWP to be valid: 1. 1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation. (b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States. (c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 2. 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. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. 3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized. 4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 2 7. 6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act). 7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. 8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable. 9. Management of Water Flows. To the maximum extent practicable, the pre-construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization and storm water management activities, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre-construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities). 10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-approved state or local floodplain management requirements. 11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. 12. 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. 13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The affected areas must be revegetated, as appropriate. 14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity-specific conditions added by the district engineer to an NWP authorization. 15. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project. 16. 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 responsible for the designated Wild and Scenic River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). 17. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 18. Endangered Species. (a) No activity is authorized under any NWP which is likely to directly or indirectly 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 directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which "may affect" a listed species or critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed. (b) Federal agencies should follow their own procedures for complying with the requirements ofthe ESA. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will review the documentation and determine whether it is sufficient to address ESA compliance for the NWP activity, or whether additional ESA consultation is necessary. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in 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 might affect Federally-listed endangered or threatened species or designated critical habitat, the pre-construction notification must include the name(s) of the endangered or threatened species that might be affected by the proposed work or that utilize the designated critical habitat that might be affected by the proposed work. The district engineer will determine whether the proposed activity "may affect" or will have "no effect" to listed species and designated critical habitat and will notify the non-Federal applicant ofthe Corps' determination within 45 days of receipt of a complete pre-construction notification. In cases where the non-Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the project, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification the proposed activities will have "no effect" on listed species or critical habitat, or until Section 7 consultation has been completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (d) 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. (e) 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 U.S. FWS or the NMFS, The Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word "harm" in the definition of"take" means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. (f) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the U.S. FWS and NMFS or their world wide web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.noaa.gov/fisheries.html respectively. 19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for obtaining any "take" permits required under the U.S. Fish and Wildlife Service's regulations governing compliance with the Migratory Bird Treaty Act or the Bald and Golden Eagle Protection Act. The permittee should contact the appropriate local office ofthe U.S. Fish and Wildlife Service to determine if such "take" permits are required for a particular activity. 20. Historic Properties. (a) In cases where the district engineer determines that the activity may affect properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. (b) Federal permittees should follow their own procedures for complying with the requirements of Section 106 of the National Historic Preservation Act. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will review the documentation and determine whether it is sufficient to address section 106 compliance for the NWP activity, or whether additional section 106 consultation is necessary. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if the authorized activity may have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre-construction notification must state which historic properties may be affected by the proposed work or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of or potential for the presence of historic resources can be sought from the State Historic Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre-construction notifications, district engineers will comply with the current procedures for addressing the requirements of Section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted and these efforts, the district engineer shall determine whether the proposed activity has the potential to cause an effect on the historic properties. Where the non-Federal applicant has identified historic properties on which the activity may have the potential to cause effects and so notified the Corps, the non-Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects or that consultation under Section 106 of the NHP A has been completed. (d) The district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether NHP A Section 106 consultation is required. Section 1 06 consultation is not required when the Corps determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR §800.3(a)). IfNHP A section 106 consultation is required and will occur, the district engineer will notify the non-Federal applicant that he or she cannot begin work until Section 106 consultation is completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (e) Prospective permittees should be aware that section llOk of the NHPA (16 U.S.C. 470h-2(k)) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of Section 106 of the NHP A, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the circumstances, the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes ifthe undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21. Discoverv ofPreviously Unknown Remains and Artifacts. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately notify the district engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 22. Designated Critical Resource Waters. Critical resource waters include NOAA-managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may designate, after notice and opportunity for public comment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment. (a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. (b) ForNWPs 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 31, 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. 23. Mitigation. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that adverse effects on the aquatic environment are minimal: (a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States 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 for resource losses) 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 losses that exceed 1/1 0-acre and require pre-construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse effects ofthe proposed activity are minimal, and provides a project-specific waiver of this requirement. For wetland losses of 111 0-acre or less that require pre-construction notification, the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in minimal adverse effects on the aquatic environment. Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332. (1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in minimal adverse effects on the aquatic environment. (2) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, wetland restoration should be the first compensatory mitigation option considered. (3) If permittee-responsible mitigation is the proposed option, the prospective permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable requirements of33 CFR 332.4(c)(2)-(14) must be approved by the district engineer before the permittee begins work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)). (4) If mitigation bank or in-lieu fee program credits are the proposed option, the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided. (5) Compensatory mitigation requirements (e.g., resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan. (d) For losses of streams or other open waters that require pre-construction notification, the district engineer may require compensatory mitigation, such as stream rehabilitation, enhancement, or preservation, to ensure that the activity results in minimal adverse effects on the aquatic environment. (e) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2-acre, it cannot be used to authorize any project resulting in the loss of greater than 1/2-acre of waters of the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that a project already meeting the established acreage limits also satisfies the minimal impact requirement associated with the NWPs. (f) Compensatory mitigation plans for projects in or near streams or other open waters will normally include a requirement for the restoration or establishment, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, riparian areas may be the only compensatory mitigation required. Riparian areas should consist of native species. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to establish a riparian area on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or establishing a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate fonn of compensatory mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. (g) Permittees may propose the use of mitigation banks, in-lieu fee programs, or separate permittee- responsible mitigation. For activities resulting in the loss of marine or estuarine resources, permittee- responsible compensatory mitigation may be environmentally preferable if there are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee-responsible mitigation, the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project, and, if required, its long-term management. (h) Where certain functions and services of waters ofthe United States are permanently adversely affected, such as the conversion of a forested or scrub-shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse effects of the project to the minimal level. 24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed, the district engineer may require non-Federal applicants to demonstrate that the structures comply with established state dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety. 25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously certified compliance of an NWP with CWA Section 401, individual401 Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 27. Regional and Case-By-Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination. 28. Use ofMultiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3-acre. 29. Transfer ofNationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature: "When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below." (Transferee) (Date) 30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and any required compensatory mitigation. The success of any required permittee-responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include: (a) A statement that the authorized work was done in accordance with the NWP authorization, including any general, regional, or activity-specific conditions; (b) A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(1)(3) to confirm that the permittee secured the appropriate number and resource type of credits; and (c) The signature of the permittee certifying the completion of the work and mitigation. 31. Pre-Construction Notification. (a) Timing. Where required by the terms of the NWP, the prospective permittee must notify the district engineer by submitting a pre-construction notification (PCN) as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, ifthe PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete. The request must specify the information needed to make the PCN complete. As a general rule, district engineers will 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 PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either: (1) He or she is 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) 45 calendar days have passed from the district engineer's receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or in the vicinity of the project, or to notify the Corps pursuant to general condition 20 that the activity may have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that there is "no effect" on listed species or "no potential to cause effects" on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(t)) and/or Section 106 ofthe National Historic Preservation (see 33 CFR 330.4(g)) has been completed. Also, work cannot begin under NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. If the proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee may not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained. 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 ofPre-Construction Notification: The PCN must be in writing and include the following information: (1) Name, address and telephone numbers ofthe prospective permittee; (2) Location of the proposed project; (3) A description of the proposed project; the project's purpose; direct and indirect adverse environmental effects the project would cause, including the anticipated amount ofloss of water of the United States expected to result from the NWP activity, in acres, linear feet, or other appropriate unit of measure; any otherNWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity. The description should be sufficiently detailed to allow the district engineer to determine that the adverse effects of the project will be minimal and to determine the need for compensatory mitigation. 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 results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description ofthe proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans); (4) The PCN must include a delineation ofwetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many waters of the United States. Furthermore, the 45 day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate; ( 5) If the proposed activity will result in the loss of greater than 1/1 0-acre of wetlands and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied, or explaining why the adverse effec:ts are minimal and why compensatory mitigation should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan. ( 6) If any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat, £)r non-Federal applicants the PCN must include the name( s) of those endangered or threatened speciies that might be affected by the proposed work or utilize the designated critical habitat that may be affected by the proposed work. Federal applicants must provide documentation demonstrating compliance with the Endangered Species Act; and (7) For an activity that may affect a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, for non-Federal applicants 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. Federal applicants must provide documentation demonstrating compliance with Section 106 of the National Historic Preservation Act. (c) Form ofPre-Construction Notification: The standard individual permit application form (Form ENG 4345) may be used, but the completed application form must clearly indicate that it is a PCN and must include all of the information required in paragraphs (b)(l) through (7) of this general condition. A letter containing the required information may also be used. (d) Agency Coordination: (1) 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. (2) For all NWP activities that require pre-construction notification and result in the loss of greater than 1/2-acre ofwaters ofthe United States, forNWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require pre-construction notification and will result in the loss of greater than 300 linear feet of intermittent and ephemeral stream bed, and for all NWP 48 activities that require pre- construction notification, the district engineer will immediately provide (e.g., via e-mail, facsimile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices (U.S. FWS, state natural resource or water quality agency, EPA, State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Office (THPO), and, if appropriate, the NMFS). With the exception ofNWP 37, these agencies will 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. The comments must explain why the agency believes the adverse effects will be more than minimal. If so contacted by an agency, the district engineer will wait an additional 15 calendar days before making a decision on the pre-construction notification. The district engineer will fully consider agency comments received within the specified time frame concerning the proposed activity's compliance with the terms and conditions of the NWPs, including the need for mitigation to ensure the net adverse environmental effects to the aquatic environment of the proposed activity are minimal. The district engineer will provide no response to tht:: resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre-construction notification that the resource agencies' concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments recdved to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5. (3) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation n:!commendations, as required by Section 305(b)(4)(B) ofthe Magnuson-Stevens Fishery Conservation and Management Act. (4) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre-construction notifications to expedite agency coordination. 3. Regional Conditions for the Los Angeles District: In accordance with General Condition Number 27, "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 all activities in waters of the U.S. that are suitable habitat for federally listed fish species, the permittee shall design all road crossings to ensure that the passage and/or spawning offish is not hindered. In these: areas, the permittee shall employ bridge designs that span the stream or river, including pier-or pile-supported spans, or designs that use a bottomless arch culvert with a natural stream bed, unless: determined to be impracticable by the Corps. 2. Nationwide Permits (NWP) 3, 7, 12-15, 17-19,21, 23, 25, 29, 35, 36, or 39-46,48-52 cannot be used to authorize structures, work, and/or the discharge of dredged or fill material that would result in the "loss" of wetlands, mudflats, vegetated shallows or riffle and pool complexes as defmed at 40 CFR Part 230.40-45. The d1:!fmition of"loss" for this regional condition is the same as the definition of"loss of waters of the United States" used for the Nationwide Permit Program. Furthermore, this regional condition applies only within the State of Arizona and within the Mojave and Sonoran (Colorado) desert regions of Califomia. The desert regions in California are limited to four USGS Hydrologic Unit Code (HUC) accounting units (Lower Colorado -150301, Northern Mojave-180902, Southern Mojave- 181001, and Salton Sea-181002). 3. When a pre-construction notification (PCN) is required, the appropriate U.S. Army Corps of Engineers (Corps) District shall be notified in accordance with General Condition 31 using either the South Pacific Division PCN Checklist or a signed application form (ENG Form 4345) with an attachment providing information on compliance with all of the General and Regional Conditions. The PCN Checklist and application form are available at: http://www.spl.usace.army.mil/missions/regulatory. In addition, the PCN shall include: a. A written stat~~ment describing how the activity has been designed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States; b. Drawings, including plan and cross-section views, clearly depicting the location, size and dimensions ofthe proposed activity as well as the location of delineated waters ofthe U.S. on the site. The drawings shall contain a title block, legend and scale, amount (in cubic yards) and area (in acres) of fill in Corps jurisdiction, including both permanent and temporary fills/structures. The ordinary high water mark or, if tidal waters, the mean high water mark and high tide line, should be shown (in feet), based on National Geodetic Vertical Datum (NGVD) or other appropriate referenced elevation. All drawings for projects located within the boundaries of the Los Angeles District shall comply with the most current version of the Map and Drawing Standards for the Los Angeles District Regulatory Division (available on the Los Angeles District Regulatory Division website at: www.spl.usace.amw.mil/missions/regulatoryQ; and c. Numbered and dated pre-project color photographs showing a representative sample of waters proposed to be impacted on the project site, and all waters proposed to be avoided on and immediately adjacent to the project site. The compass angle and position of each photograph shall be documented on the plan-view drawing required in subpart b of this regional condition. 4. Submission of a PCN pursuant to General Condition 31 and Regional Condition 3 shall be required for all regulated activities in the following locations: a. All perennial waterbodies and special aquatic sites within the State of Arizona and within the Mojave and Sonoran (Colorado) desert regions of California, excluding the Colorado River in Arizona from Davis Dam to River Mile 261 (northern boundary of the Fort Mojave Indian Tribe Reservation). The desert region in California is limited to four USGS HUC accounting units (Lower Colorado -150301, Northern Mojave-180902, Southern Mojave-181 001, and Salton Sea-181 002). b. All areas designated as Essential Fish Habitat (EFH) by the Pacitic Fishery Management Council (i.e., all tidally influenced areas-Federal Register dated March 12, 2007 (72 FR 11092)), in which case the PCN shall include an EFH assessment and extent of proposed impacts to EFH. Examples of EFH habitat assessments can be found at: http://www.swr.noaa.gov/efh.htm. c. 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 t:~ast, and by Sunset Boulevard and Pacific Ocean on the south. d. The Santa Clara River watershed in Los Angeles and Ventura counties, including but not limited to Aliso Canyon, Agua Dulce Canyon, Sand Canyon, Bouquet Canyon, Mint Canyon, South Fork of the Santa Clara River, San Francisquito Canyon, Castaic Creek, Piru Creek, Sespe Creek and the main-stem of the Santa Clara River. 5. Individual Permits shall be required for all discharges of fill material in jurisdictional vernal pools, with the exception that discharges for the purpose of restoration, enhancement, management or scientific study of vernal pools may be authorized under NWPs 5, 6, and 27 with the submission of a PCN in accordance with General Condition 31 and Regional Condition 3. 6. Individual Permits shall be required in Murrieta Creek and Temecula Creek watersheds in Riverside County for new permanent fills in perennial and intermittent watercourses otherwise authorized under NWPs 29, 39, 42 and 43, and in ephemeral watercourses for these NWPs for projects that impact greater than 0.1 acre of waters of the United States. In addition, when NWP 14 is used in conjunction with residential, commercial, or industrial developments the 0.1 acre limilt would also apply. 7. Individual Pennits (Standard Individual Permit or 404 Letter of Permission) 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 Carpinteria Creek in Santa Barbara County for bank stabilization projects and grade control structures. 8. In conjunction with the Los Angeles District's Special Area Management Plans (SAMPs) for the San Diego Creek Watershed and San Juan Creek/Western San Mateo Creek Watersheds in Orange County, California, the Corps' Division Engineer, through his discretionary authority has revoked the use of the following 26 selected NWPs within these SAMP watersheds: 03, 07, 12, 13, 14, 16, 17, 18, 19, 21, 25, 27, 29, 31, 33, 39, 40, 41, 42, 43, 44, 46, 49, and 50. Consequently, these NWPs are no longer available in those watersheds to authorize impacts to waters of the United States from discharges of dredged or fill material under the Corps' Clean Water Act section 404 authority. 9. Any requests to waive the 300 linear foot limitation for intennittent and ephemeral streams for NWPs 29, 39, 40 and 42, 43, 44, 51 and 52 or to waive the 500 linear foot limitation along the bank for NWP 13, must include the following: a. A narrative description of the stream. This should include known information on: volume and duration of flow; the approximate length, width, and depth of the waterbody and characters observed associated with an Ordinary High Water Mark (e.g. bed and bank, wrack line, or scour marks); a description of the adjacent vegetation community and a statement regarding the wetland status of the associated vegetation community (i.e. wetland, non-wetland); surrounding land use; water quality; issues related to cumulative impacts in the watershed, and; any other relevant information. b. An analysis ofthe proposed impacts to the waterbody in accordance with General Condition 31 and Regional Condition 3; c. Measures taken to avoid and minimize losses, including other methods of constructing the proposed project; and d. A compensatory mitigation plan describing how the unavoidable losses are proposed to be compensated, in accordance with 33 CFR Part 332. 10. The permittee shall complete the construction of any compensatory mitigation required by special condition( s) of the NWP verification before or concurrent with commencement of construction of the authorized activity, except when specifically determined to be impracticable by the Corps. When mitigation involves use of a mitigation bank or in-lieu fee program, the permittee shall submit proof of payment to the Corps prior to commencement of construction of the authorized activity. 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). () Section 103 ofthe Marine Protection, Research and Sanctuaries Act ofl972 (33 U.S.C. 1413). 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 ofother permitted or unpermitted activities or from natural causes. (b) 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 pennit 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 tenms 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 F CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD CLEAN WATER ACT SECTION 401 WATER CERTIFICATION NO lOC-093 i l l l l J l ~ 1 I i .! l 1 i 1 ;j I ~ f I I 1 Water Boards California Regional Water Quality Control Board, San Diego Region March 6, 2014 Sherri Howard City of Carlsbad 1635 Faraday Ave . Carlsbad, CA 92008 In reply refer to: 757527: amonji ~ Eo~uHo G. BFIOWN JR. ~GOVERNOR N ... ~ MA.TIH£W AOOR10U£Z l--...........~ S.ECFIETAR'f FOR ~ ENVlRON,.,ENTAl PROTECTION Subject: Clean Water Act Section 401 Water Quality Certification No. 10C-093 for the Romeria Street Drainage Improvement Project Ms. Howard: Enclosed find Clean Water Act Section 401 Water Quality Certification No. 10C-093 (Certification) issued by the California Regional Water Quality Control Board, San Diego Region (San Diego Water Board) in response to the application submitted by the City of Carlsbad for the Romeria Street Drainage Improvement Project (Project). A description of the Project and Project location can be found in the Certification and site maps which are included as attachments to the Certification. The City of Carlsbad is enrolled under State Water Resources Control Board Order No. 2003- 017 -DWQ as a condUion of the Certification and is required to implement and comply with all terms and conditions of the Certification in order to ensure that water quality standards are met for the protection of wetlands and other aquatic resources. Failure to comply with this Certification may subject the City of Carlsbad to enforcement actions by the San Diego Water Board including administrative enforcement orders requiring the City of Carlsbad to cease and desist from violations or to clean up waste and abate existing or threatened conditions of pollution or nuisance; administrative civil liability in amounts of up to $10,000 per day per violation; referral to the State Attorney General for injunctive relief; and, referral to the District Attorney for criminal prosecution. Any petition for reconsideration of this Certification must be filed with the State Water Resources Control Board within 30 days of certification action pursuant to section 3867 of Title 23 of the California Code of Regulations (23 CCR). If no petition is received, it will be assumed that the City of Carlsbad has accepted and will comply with all terms and conditions of the Certification. HENRY ABARBANEL, CHAIR I DAVID GIBSON, EXECUTIVE OFFICER 2375 Northside Drive, Suite 100, San Diego, CA 92123 I (619) 516·1990 I www.waterboards.ca.gov/sandlego 0 Recycled Paper City of Carlsbad Romeria Street Drainage Improvement File No. 10C-093 - 2 -March 6, 2014 In the subject line of any response, please include the reference number 757527:amonji. For questions or comments, please contact Alan Monji by phone at (619) 521-3968, or by email at alan.monii@waterboards.ca.gov. Respectfully, David W. Gibson, Executive Officer Regional Water Quality Control Board DG:js:dtb:kkd:atm Enclosures: Clean Water Act Section 401 Water Quality Certification No. 10C-093 for the Romeria Street Drainage Improvement Project cc: Peggy Bartels U.S. Army Corps of Engineers Regulatory Branch Peggy.j.bartels@usace.army.mil Marilyn Fluharty California Department of Fish and Wildlife Marilyn. Fluharty@wildlife.ca.gov U.S. EPA, OWOW, Region 9 R9-WTR8-Mailbox@epa.gov State Water Resources Control Board Division of Water Quality 401 Water Quality Certification and Wetlands Unit Stateboard401 @waterboards.ca.gov Brianna Pilkington LSA Associates Inc. Brianna.Pilkington@lsa-assoc.com --~-Fii!11¥o:!~::--:~ Reg. Measure ID ' 376192 Place ~~.757527 PartyiD 524808 ~------------------------- ! ·! I ' ' 1 J CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SAN DIEGO REGION 2375 Northside Drive. Suite.100, San Diego, CA 92108 Phone (619) 516-1990 • Fax (619) 516-1994 http://www. waterboards. ca .gov/sandiego/ Clean Water Act Section 401 Water Quality Certification and Waste Discharge Requirements for Discharge of Dredged and/or Fill Materials PROJECT: Romeria Street Drainage Improvement Project Certification Number 1 OC-093 VVDID:9000002158 APPLICANT: City of Carlsbad ACTION: 1635 Faraday Avenue Carlsbad, CA 92008-7314 Reg. Meas.ID: 376192 Place 10: 757527 Party1D:524808 0 Order for Low Impact Certification 0 Order for Denial of Certification 0 Order for Technically-conditioned 0 Waiver of Waste Discharge Certification Requirements 0 Enrollment in SWRCB GWDR 0 Enrollment in Isolated Waters Order Order No. 2003-017 DWQ No. 2004-004 DWQ PROJECT DESCRIPTION An application dated October 5, 2010 was submitted by the City of Carlsbad (hereinafter Applicant), for Water Quality Certification pursuant to section 401 of the Clean Water Act (33 U.S.C. § 1341) for the proposed Romeria Street Drainage Improvement Project (Project). The California Regional Water Quality Control Board, San Diego Region (San Diego Water Board) deemed the application to be complete on June 22, 2011. The Applicant proposes to discharge dredged or fill material to waters of the United States and/or State associated with construction activity at the Project site. The Project is located within the City of Carlsbad, San Diego County, California near the intersection of La Costa Avenue and Romeria Street. The Project center reading is located at latitude 33.08542 and longitude -117.24514. The Applicant has paid all required fees for this Certification in the amount of $3,087.00. On October 12, 2010, the San Diego Water Board provided public notice of the Project application pursuant to California Code of Regulations, title 23, section 3858 by posting information describing the Project on the San Diego Water Board's web site and providing a period of twenty-one days for public review and comment. No comments were received. The Project is located within the Batiquitos hydrologic sub-area (HSA 904.51) and the mitigation site, located within the Lake Calavera Mitigation Parcel, is within the Los Monos hydrologic sub-area (HSA 904.31); both areas are within the Carlsbad Hydrologic Unit (HSA 904.00). 1 City of Carlsbad Romeria Street Drainage Certification No. 1 OC-093 -2-March 6, 2014 The Applicant proposes to remove and replace 360 linear feet of concrete channel, 226 feet of brow ditch, and a buffer of surrounding habitat. The buffer is located approximately 200 feet west of the concrete-lined channel and extends to the boundaries of the adjacent properties on the east side of the concrete-lined channel. The Applicant also proposes to repair a failed slope on the southern side of La Costa Avenue between Gibraltar and Romeria Streets. The Project is necessary to prevent further sloughing of the slope. Additionally, the Applicant will install an all-weather permanent maintenance access ramp and pad to replace the current access from Levante Street. The existing access road is 1,500 LF of unpaved dirt road that has been eroded by storm water run-off and naturally occurring seepage from the surrounding slopes. The City has used gravel bags to minimize the formation of rills in the existing road but it is still in constant need of maintenance. The new access road e~ntrance will be at La Costa Avenue and will be constructed using "GraveiPave" which allows water to percolate through the open surface of the road. The surface will be hydroseeded with vegetation that can tolerate vehicle traffic. The existing access road from Levante Street be abandoned and replanted with native vegetation. The Project is an improvement over existing conditions because tlhe concrete lined channel is cracked and missing sections, which allows storm water run-off and sediment to undermine downstream sections of the concrete channel and erode around the culvert pipe under La Costa Avenue. The replacement of the existing concrete lined channel and brow ditches are within the current footprint. The only new impact is the relocation of the maintenance access from Lev ante Street to La Costa Avenue. The relocation and impmvement of the access road reduces the distance the maintenance crews will need to travel and provides a stable platform which greatly reduces the potential of a sediment source to San Marcos Creek. The existing maintenance road will be reseeded and allowed tore-vegetate, providing additional natural buffer around the concrete lined channel and Romeria Street drainage. All BMPs will be designed, constructed, and maintained to meet the City of Carlsbad's Low Impact Development (LID) Capture Volume and hydromodification treatment requirements. The Project application includes a description of the design objective, operation, and degree of treatment expected to be attained from equipment, facilities, or activities (including construction and post-construction BMPs) to treat waste and reduce runoff or other effluents which may be discharged. The removal and replacement of existing concrete lined channel and brow ditches does not necessitate post construction Best Management Practices (BMPs). The Applicant proposes to abandon the current unstable dirt maintenance access road and replace it with a shorter more stable access road constructed with a pervious surface to minimize the runoff from the road. Compliance with the C'ertificati~on conditions will help ensure that construction and post-construction discharges from the Project will not cause on- site or off-site downstream erosion, damage to downstream propetrties, or otherwise damage stream habitats in violation of water quality standards in the Water Quality Control Plan for the San Diego Basin (9) (Basin Plan). Project construction will permanently impact 0.039 acre (360 linear feet) of disturbed wetland waters of the United States and/or State. The Applicant reports that the Project purpose cannot be practically accomplished in a manner which would avoid or result in less adverse impacts to aquatic resources considering all potential practicable alternatives, such as the potential for alternate available locations, designs, reductions in size, configuration or density. l ! i City of Carlsbad Romeria Street Drainage Certification No. 1 OC-093 -3-March 6, 2014 The Applicant reports that compensatory mitigation for the permanent loss of 0.039 acre of jurisdictional waters will be achieved through the establishment of 0.058 acres of wetland (119 linear feet) waters of the United States and/or State. All waters of the United States and/or State receiving temporary discharges of fill material will be restored upon removal of the fill. The Applicant reports that mitigation for the temporary loss of 0.059 acre of wetland and streambed will be achieved through the restoration of 0.088 acres of waters of the United States and/or State and the enhancement of 0.07 acres of waters of the United States and/or State. Mitigation for discharges of fill material to waters of the United States and/or State will be completed by the Applicant onsite at the Romeria Street Project Area through restoration and offsite at Lake Calavera Mitigation Parcel through establishment, enhancement, and restoration at a minimum compensation ratio of 1.5:1 (area mitigated:area impacted) for permanent impacts and 2.7:1 for temporary impacts. The Applicant currently owns and operates lands in the Lake Calavera Mitigation Parcel, a 266-acre property in the ncrthern portion of the City of Carlsbad, which serves as a municipal mitigation bank for the Applicant's projects requiring mitigation. Management and monitoring for the Lake Calavera Mitigation Parcel is provided by Center for Lands Management (CNLM). A formal agreement shall permanently protect the site and ensure continued management and monitoring. As outlined in the draft Mitigation and Monitoring Plan and Technical Specifications, Romeria Street Drainage Improvement Project (Mitigation Plan), dated September 2011, the Applicant shall file a preservation mechanism that will secure the lands in an equivalent manner as a conservation easement. This preservation mechanism must apply to all lands within the Lake Calavera Mitigation Parcel, not solely for those areas intended as mitigation for this specific project. Detailed written specifications and work descriptions for the compensatory mitigation project including, but not limited to, the geographic boundaries of the project, timing, sequence, monitoring, maintenance, ecological success performance standards and provisions for long- term management and protection of the mitigation areas are described in the draft Mitigation Plan. San Diego Water Board acceptance of the Mitigation Plan applies only to the Project described in this Certification and must not be construed as approval for other current or future projects that are planning to use additional acreage at the site for mitigation. The Mitigation Plan is incorporated in this Certification by reference as if set forth herein. The Mitigation Plan provides for implementation of compensatory mitigation which offsets adverse water quality impacts attributed to the Project in a manner that protects and restores the abundance, types and conditions of aquatic resources and supports their beneficial uses. Implementation of the Mitigation Plan will reduce significant environmental impacts to resources within the San Diego Water Board's purview to a less than significant level. Based on all of these considerations, the Mitigation Plan will adequately compensate for the loss of beneficial uses and habitat within waters of the United States and/or State attributable to the Project. Additional Project details are provided in Attachments 1 through 5 of this Certification. City of Carlsbad Romeria Street Drainage Certification No. 1 OC-093 - 4 -March 6, 2014 TABLE OF CONTENTS I. STANDARD CONDITIONS ..................................................................................................... 5 II. GENERAL CONDITIONS ...................................................................................................... 5 Ill. CONSTRUCTION BEST MANAGEMENT PRACTICES ...................................................... 7 IV. POST-CONSTRUCTION BEST MANAGEMENT PRACTICES ......................................... 10 V. PROJECT IMPACTS AND COMPENSATORY MITIGATION ............................................. 10 VI. MONITORING AND REPORTING REQUIREMENTS ........................................................ 12 VII. NOTIFICATION REQUIREMENTS ..................................................................................... 16 VIII. CALIFORNIA ENVIRONMENTAL QUALITY ACT COMPLIANCE .................................. 1ft IX. SAN DIEGO WATER BOARD CONTACT PERSONI .......................................................... 18 X. WATER QUALITY CERTIFICATION ................................................................................... 19 Attachments: 1. Definitions 2. Project Location Map 3. Project Site Plans 4. Mitigation Figures 5. CEQA Mitigation Monitoring and Reporting Program City of Carlsbad Romeria Street Drainage Certification No. 1 OC-093 I. STANDARD CONDITIONS -5-March 6, 2014 Pursuant to section 3860 of title 23 of the California Code of Regulations, the following three standard conditions apply to all water quality certification actions: A. This Certification action is subject to modification or revocation upon administrative or judicial review, including review and amendment pursuant to section 13330 of the Water Code and chapter 28, article 6 (commencing with title 23, section 3867), of the California Code of Regulations. B. This Certification action is not intended and shall not be construed to apply to any discharge from any activity involving a hydroelectric facility and requiring a Federal Energy Regulatory Commission (FERC) license or an amendment to a FERC license unless the pertinent Certification application was filed pursuant to California Code of Regulations title 23, section 3855 subdivision (b), and that application specifically identified that a FERC license or amendment to a FERC license for a hydroelectric facility was being sought. C. This Certification action is conditioned upon total payment of any fee required under title 23, chapter 28 (commencing with section 3830) of California Code of Regulations and owed by the applicant. II. GENERAL CONDITIONS A. Term of Certification. Water Quality Certification No. 10C-093 (Certification) shall expire upon a) the expiration or retraction of the Clean Water Act section 404 (33 U.S.C. §1344) permit issued by the U.S. Army Corps of Engineers for this Project, or b) five (5) years from the date of issuance of this Certification, whichever occurs first. B. Duty to Comply. The Applicant must comply with all conditions and requirements of this Certification. Any Certification noncompliance constitutes a violation of the Water Code and is grounds for enforcement action or Certification termination, revocation and reissuance, or modification. C. General Waste Discharge Requirements. The requirements of this Certification are enforceable through Water Quality Order No. 2003-0017 -DWQ, Statewide General Waste Discharge Requirements for Discharges of Dredged or Fill Material that have Received State Water Quality Certification (Water Quality Order No. 2003-0017- DWQ). This provision shall apply irrespective of whether a) the federal permit for which the Certification was obtained is subsequently retracted or is expired, or b) the Certification is expired. Water Quality Order No. 2003-0017-DWQ is accessible at: http://www. waterboards. ca.gov/water issues/programs/cwa40 1/docs/generalorders/go wdr401regulated projects.pdf. City of Carlsbad Romeria Street Drainage Certification No. 10C-093 -6-March 6, 2014 D. Project Conformance with Application. All water quality protection measures and BMPs described in the application and supplemental information for water quality certification are incorporated by reference into this Certification as if fully stated herein. Notwithstanding any more specific conditions in this Certification, the Applicant shall construct, implement and comply with all water quality protection measures and BMPs described in the application and supplemental information. The conditions within this Certification shall supersede conflicting provisions within the application and supplemental information submitted as part of this Certification action. E. Project Conformance with Water Quality Control Plans Oil" Policies. Notwithstanding any more specific conditions in this Certification, the Project shall be constructed in a manner consistent with the Basin Plan and any other applicable water quality control plans or policies adopted or approved pursuant to the Porter Cologne Water Quality Act (Division 7, commencing with Water Code Section 13000) or section 303 of the Clean Water Act (33 U.S.C §1313.) F. Project Modification. The Applicant must submit any changes to the Project, including Project operation, which would have a significant or material effect on the findings, conclusions, or conditions of this Certification, to the San Diego Water for prior review and written approval. If the San Diego Water Board is not notified of a significant change to the Project, it will be considered a violation of this Certification. G. Certification Distribution Posting. During Project construction, the Applicant must maintain a copy of this Certification at the Project site. This Certification must be available at all times to site personnel and agencies. A copy of this Certification shall also be provided to any contractor or subcontractor performing construction work, and the copy shall remain in their possession at the Project site. H. Inspection and Entry. The Applicant must allow the San Diego Water Board or the State Water Resources Control Board, and/or their authorized representative(s) (including an authorized contractor acting as their representative), upon the presentation of credentials and other documents as may be required under law, to: 1. Enter upon the Project or Compensatory Mitigation site(s) premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this Certification; 2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this Certification; 3. Inspect, at reasonable times, any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this Certification; and 4. Sample or monitor, at reasonable times, for the purpos1es of assuring Certification compliance, or as otherwise authorized by the Clean Water Act or Water Code, any substances or parameters at any location. l l l j ' l ~ l l J ~ ; ! i ! ~ j 1 ) j ~ 1 ' j I ' I l i I ,f ), l ., .~ ~ l 1 ! 1 l • ! l City of Carlsbad - 7 -March 6, 2014 Romeria Street Drainage Certification No. 1 OC-093 I. J. K. L. Enforcement Notification. 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. Certification Actions. This Certification may be modified, revoked and reissued, or terminated for cause including but not limited to the following: 1. Violation of any term or condition of this Certification; 2. Monitoring results indicate that continued Project activities could violate water quality objectives or impair the beneficial uses of San Marcos Creek or its tributaries; 3. Obtaining this Certification by misrepresentation or failure to disclose fully all relevant facts; 4. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge; and 5. Incorporation of any new or revised water quality standards and implementation plans adopted or approved pursuant to the Porter-Cologne Water Quality Control Act or section 303 of the Clean Water Act. The filing of a request by the Applicant for modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any Certification condition. Duty to Provide Information. The Applicant shall furnish to the San Diego Water Board, within a reasonable time, any information which the San Diego Water Board may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this Certification or to determine compliance with this Certification . Property Rights. This Certification does not convey any property rights of any sort, or any exclusive privilege. Ill. CONSTRUCTION BEST MANAGEMENT PRACTICES A. Approvals to Commence Construction. The Applicant shall not commence Project construction until all necessary federal, state, and local approvals are obtained. B. Personnel Education. Prior to the start of the Project, and annually thereafter, the Applicant must educate all personnel on the requirements in this Certification, pollution prevention measures, spill response measures, and BMP implementation and maintenance measures. City of Carlsbad Romeria Street Drainage Certification No. 1 OC-093 - 8 -March 6, 2014 C. Spill Containment Materials. The Applicant must, at all times, maintain appropriate types and sufficient quantities of materials on-site to contain any spill or inadvertent release of materials that may cause a condition of pollution or nuisance if the materials reach waters of the United States and/or State. D. General Construction Storm Water Permit. Prior to start of Project construction, the Applicant must, as applicable, obtain coverage under, and comply with, the requirements of State Water Resources Control Board Water Quality Order No. 2009- 0009-DWQ, the General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activity, (General Construction Storm Water Permit) and any reissuance. If Project construction activities do not require coverage under the General Construction Storm Water Permit, the Applicant miJst develop and implement a runoff management plan (or equivalent construction BMP plan) to prevent the discharge of sediment and other pollutants during construction activiti~es. E. Waste Management. The Applicant must properly manag~3. store, treat, and dispose of wastes in accordance with applicable federal, state, and local laws and regulations. Waste management shall be implemented to avoid or minimize exposure of wastes to precipitation or storm water runoff. The storage, handling, treatment, or disposal of waste shall not create conditions of pollution, contamination or nuisance as defined in Water Code section 13050. Upon Project completion, all Project generated debris, building materials, excess material, waste, and trash shall be removed from the Project site(s) for disposal at an authorized landfill or other disposal site in compliance with federal, state and local laws and regulations. F. Waste Management. Except for a discharge permitted under this Certification, the dumping, deposition, or discharge of trash, rubbish, unset c:ement or asphalt, concrete, grout, damaged concrete or asphalt, concrete or asphalt spoils, wash water, organic or earthen material, steel, sawdust or other construction debris waste from Project activities directly into waters of the United States and or State, or adjacent to such waters in any manner which may permit its being transported into the waters, is prohibited. G. Downstream Erosion. Discharges of concentrated flow during construction or after Project completion must not cause downstream erosion or damage to properties or stream habitat. H. Construction Equipment. All equipment must be washed prior to transport to the Project site and must be free of sediment, debris, and forei~Jn matter. All equipment used in direct contact with surface water shall be steam cleaned prior to use. All equipment using gas, oil, hydraulic fluid, or other petroleum products shall be inspected for leaks prior to use and shall be monitored for leakage. Stationary equipment (e.g., motors, pumps, generator, etc.) shall be positioned over drip pans or other types of containment. 1. Process Water. Water containing mud, silt, or other pollutants from equipment washing or other activities, must not be discharged to waters of the United States and/or State or placed in locations that may be subjected to storm water runoff flows. i ! .J l I I J I I j I City of Carlsbad Romeria Street Drainage Certification No. 10C-093 -9-March 6, 2014 Pollutants discharged to areas within a stream diversion must be removed at the end of each work day or sooner if rain is predicted. J. Surface Water Diversion. All surface waters, including ponded waters, must be diverted away from areas of active grading, construction, excavation, vegetation removal, and/or any other activity which may result in a discharge to the receiving water. Diversion activities must not result in the degradation of beneficial uses or exceedance of the receiving water quality objectives. Any temporary dam or other artificial obstruction constructed must only be built from materials such as clean gravel which will cause little or no siltation. Normal flows must be restored to the affected stream immediately upon completion of work at that location. K. Re-vegetation and Stabilization. All areas that have 14 or more days of inactivity must be stabilized within 14 days of the last activity. The Applicant shall implement and maintain BMPs to prevent erosion of the rough graded areas. After completion of grading, all areas must be re-vegetated with native species appropriate for the area. The re-vegetation palette must not contain any plants listed on the California Invasive Plant Council Invasive Plant Inventory, which can be accessed at http://www.cal- ipc. org/ip/inventory/weedlist. php. L. Hazardous Materials. Except as authorized by this Certification, substances hazardous to aquatic life including, but not limited to, petroleum products, unused cement/concrete, asphalt, and coating materials, must be prevented from contaminating the soil and/or entering waters of the United States and/or State. BMPs must be implemented to prevent such discharges during each Project activity involving hazardous materials. M. Vegetation Removal. Removal of vegetation must occur by hand, mechanically, or through application of United States Environmental Protection Agency (USEPA) approved herbicides deployed using applicable BMPs to minimize adverse effects to beneficial uses of waters of the United States and/or State. Discharges related to the application of aquatic pesticides within waters of the United States must be done in compliance with State Water Resources Control Board Water Quality Order No. 2004- 0009-DWQ, the Statewide General National Pollution Discharge Elimination System Permit for the Discharge of Aquatic Weed Control in Waters of the United States, and any subsequent reissuance as applicable. N. Limits of Disturbance. The Applicant shall clearly define the limits of Project disturbance to waters of the United States and/or State using highly visible markers such as flag markers, construction fencing, or silt barriers prior to commencement of Project construction activities within those areas. 0. Beneficial Use Protection. The Applicant must take all necessary measures to protect the beneficial uses of waters of San Marcos Creek and its tributaries. This Certification requires compliance with all applicable requirements of the Basin Plan. If at any time, an unauthorized discharge to surface waters (including rivers or streams) occurs or monitoring indicates that the Project is violating, or threatens to violate, water quality objectives, the associated Project activities shall cease immediately and the San Diego City of Carlsbad Romeria Street Drainage Certification No. 1 OC-093 -10-March 6, 2014 Water Board shall be notified in accordance with Notification Requirement VILA of this Certification. Associated Project activities may not resume without approval from the San Diego Water Board. IV. POST-CONSTRUCTION BEST MANAGEMENT PRACTICES A. Post-Construction Discharges. The Applicant shall not allow post-construction discharges from the Project site to cause or contribute to onsite or off-site erosion or damage to properties or stream habitats. V. PROJECT IMPACTS AND COMPENSATORY MITIGATION A. Project Impact Avoidance and Minimization. The Project must avoid and minimize adverse impacts to waters of the United States and/or Statt3 to the maximum extent practicable. B. Project Impacts and Compensatory Mitigation. Unavoidable Project impacts to San Marcos Creek and its unnamed tributaries within the Carlsbad Watershed must not exceed the type and magnitude of impacts described in the1 table below. At a minimum, compensatory mitigation required to offset unavoidable temporary and permanent Project impacts to waters of the United States and/or State must be achieved as described in the table below: Mitigation Mitigation Mitigation Mitigation Ratio Ratio Impacts Impacts for Impacts for Impacts (area (linear feet (acres) (linear ft.) mitigated mitigated (acres) (linear ft.) :area :linear feet impacted) impacted) Permanent lm~acts - Wetland 0.039 360 0.058 1191 1.5:1 1:3 Establishment 1 Temporary lmpacts2 Wetland 0.051 105 0.07 98.6 Enhancementl Enhancement Streambed 0.008 160 0.088 75.7 2.7:1 1:1.5 Restoration4 Restoration --. . 1. Wetland establishment off-srte at Lake Calavera Mrtrgatron Parcel . 2. The Applicant must restore all areas of temporary impacts to pre-project contours and re-vegetation with native species. 3. Streambed enhancement on-site at Romeria Street. 4. Riparian Restoration on-site at Romeria Street and off-site at Lake Calavera Mitigation Parcel. c. Compensatory Mitigation Plan Implementation. The Applicant must fully and completely implement the Mitigation Plan; any deviations from, or revisions to, the Mitigation Plan must be pre-approved by the San Diego Water Board. Prior to the start of construction, an approved final Mitigation Plan shall be submitted to the San Diego Water Board. I f I City of Carlsbad Romeria Street Drainage Certification No. 10C-093 -11 -March 6, 2014 D. Performance Standards. Compensatory mitigation required under this Certification shall be considered achieved once it has met the ecological success pertormance standards contained in the Mitigation Plan to the satisfaction of the San Diego Water Board. E. Compensatory Mitigation Site Design. The compensatory mitigation site(s) shall be designed, to the maximum extent practicable, to be self-sustaining once pertormance standards have been achieved. This includes minimization of active engineering features (e.g., pumps) and appropriate siting to ensure that natural hydrology and landscape context support long-term sustain ability in conformance with the following conditions: 1. Most of the channels through the mitigation sites shall be characterized by equilibrium conditions, with no evidence of severe aggradation or degradation; 2. As viewed along cross-sections, the channel and buffer area(s) shall have a variety of slopes, or elevations, that are characterized by different moisture gradients. Each sub-slope shall contain physical patch types or features that contribute to irregularity in height, edges, or surface and to complex topography overall; and 3. The mitigation sites shall have a well-developed plant community characterized by a high degree of horizontal and vertical interspersion among plant zones and layers. F. Temporary Project Impact Areas. The Applicant must restore all areas of temporary impacts and all other areas of temporary disturbance which could result in a discharge or a threatened discharge of pollutants to waters of the United States and/or State. Restoration must include grading of disturbed areas to pre-project contours and re- vegetation with native species. The Applicant must implement all necessary BMPs to control erosion and runoff from areas associated with the Project. G. Long Term Management and Maintenance. The compensatory mitigation site(s), must be managed, protected, and maintained, in perpetuity, in conformance with the long term management plan and the final ecological SlJccess performance standards identified in the Mitigation Plan. The aquatic habitats, riparian areas, buffers and uplands that comprise the mitigation site(s) must be protected in perpetuity from land- use and maintenance activities that may threaten water quality or beneficial uses within the mitigation area(s) in a manner consistent with the following requirements: 1. Any maintenance activities on the mitigation site(s) that do not contribute to the success of the mitigation site(s) and enhancement of beneficial uses and ecological functions and services are prohibited; 2. Maintenance activities must be limited to the removal of trash and debris, removal of exotic plant species, replacement of dead native plant species, and remedial measures deemed necessary for the success of the compensatory mitigation project; City of Carlsbad Romeria Street Drainage Certification No. 1 OC-093 -12-March 6, 2014 3. The Mitigation site(s) must be maintained, in perpetuity, 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 must not occupy more than 5 percent of the mitigation site(s); and 4. If at any time a catastrophic natural event (e.g., fire, flood) causes damage(s) to the mitigation site(s) or other deficiencies in the compensatory mitigation project, the Applicant must take prompt and appropriate action to repair the damage(s) including replanting the affected area(s) and address any other deficiencies. The San Diego Water Board may require additional monitoring by the Applicant to assess how the compensatory mitigation site(s) or project is responding to a catastrophic natural event. H. Timing of Mitigation Site Construction. The construction of proposed mitigation must be concurrent with project grading and completed no later than 9 months following the start of Project construction. Delays in implementing mitigation must be compensated for by an increased mitigation implementation of 1 0% of the cumulative compensatory mitigation for each month of delay. I. Mitigation Site(s) Preservation Mechanism. Within 90 dlays from the start of Project construction, the Applicant must provide the San Diego Water Board a draft preservation mechanism (e.g. deed restriction, conservation easement, etc.) that will protect all mitigation areas and their buffers in perpetuity. VVithin 12 months of the issuance of this Certification, the Applicant must submit proof of a completed final preservation mechanism that will protect all mitigation areas and their buffers in perpetuity. The conservation easement, deed restriction, or other legal limitation on the mitigation pr:operties must be adequate to demonstrate that the sites will be maintained without future development or encroachment on the sites which could otherwise reduce the functions and values of the sites for the variety of benefiicial uses of waters of the of the United States and/ or State that it supports. The legal limitation must prohibit, without exception, all residential, commercial, industrial, institutional, and transportation development, and any other infrastructure development that would not maintain or enhance the wetland and streambed functions and values of the sites. The preservation mechanism must clearly prohibit activities that would result in soil disturbance or vegetation removal, other than the removal of non-native vegetation. Other infrastructure development to be prohibited includes, but is not limited to, additional utility lines, maintenance roads, and areas of maintained landscaping for recreation. VI. MONITORING AND REPORTING REQUIREMENTS A. Representative Monitoring. Samples and measurements taken for the purpose of monitoring under this Certification shall be representative of the monitored activity. B. Monitoring Reports. Monitoring results shall be reported to the San Diego Water board at the intervals specified in section VI of this Certification. City of Carlsbad Romeria Street Drainage Certification No. 1 OC-093 -13-March 6, 2014 C. Monitoring and Reporting Revisions. The San Diego Water Board may make revisions to the monitoring program at any time during the term of this Certification and may reduce or increase the number of parameters to be monitored, locations monitored, the frequency of monitoring, or the number and size of samples collected. D. Records of Monitoring Information. Records of monitoring information shall include: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. E. Annual Project Monitoring Reports. The Applicant must submit annual Project progress reports describing status of BMP implementation and compliance with all requirements of this Certification to the San Diego Water Board prior to March 1 of each year following the issuance of this Certification, until the Project has reached completion. The report must include the following information: 1. The names, qualifications, and affiliations of the persons contributing to the report; 2. The status, progress, and anticipated schedule for completion of Project construction activities including the installation and operational status of best management practices project features for erosion and storm water quality treatment; 3. A description of Project construction delays encountered or anticipated that may affect the schedule for construction completion; and 4. A description of each incident of noncompliance during the annual monitoring period and its cause, the period of the noncompliance including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and the steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. H. Final Project Completion Report. The Applicant must submit a Final Project Completion Report to the San Diego Water Board within 30 days of completion of the Project. The final report must include the following information: 1. Date of construction initiation; 2. Date of construction completion; City of Carlsbad Romeria Street Drainage Certification No. 1 OC-093 -14- 3. BMP installation and operational status for the Project; 4. As-built drawings of the Project, no bigger than 11 "X1 7"; March 6, 2014 5. Photo documentation of implemented post-construction BMPs. Photo documentation must be conducted in accordance with ~tuidelines posted at: http://www.waterboards.ca.gov/sandiego/water issues/programs/401 certification/d ocs/StreamPhotoDocSOP .pdf; and In addition, photo documentation must include Global Positioning System (GPS) coordinates for each of the photo points referenced. I. Annual Compensatory Mitigation Monitoring Report. The Applicant must submit compensatory mitigation monitoring reports, annually, by Nllarch 1 of each year containing sufficient information to demonstrate how the compensatory mitigation project is progressing towards accomplishing its objectives and meeting its performance standards. Mitigation monitoring reports must be submitted annually for a period of not less than five years, sufficient to demonstrate that the compensatory mitigation project has accomplished its objectives and met ecological success performance standards contained in the Mitigation Plan. Following Project implementation the San Diego Water Board may reduce or waive compensatory mitigation monitoring requirements upon a determination that performance standards have been achie~ved. Conversely the San Diego Water Board may extend the monitoring period beyond five years upon a determination that tlhe performance standards have not been met or the compensatory mitigation project is not on track to meet them. The monitoring reports must include, but not be limited to, the following information: 1. Names, qualifications, and affiliations of the persons contributing to the report; 2. An evaluation, interpretation, and tabulation of the parameters being monitored, including the results of the Mitigation Plan monitoring program, and all quantitative and qualitative data collected in the field; 3. A description of the following mitigation site characteristics: a. Detritus cover; b. General topographic complexity characteristics; c. General upstream and downstream habitat and hydrologic connectivity; and d. Source of hydrology; 4. Monitoring data interpretations and conclusions as to how the compensatory mitigation project(s) is progressing towards meeting performance standards and whether the performance standards have been met; 5. A description of the progress toward implementing a plan to manage the compensatory mitigation project after performance standards have been achieved to ensure the long term sustainability of the resource in perpetuity, including a I ' I l ! I I j l 1 I J 'I i J I City of Carlsbad Romeria Street Drainage Certification No. 1 OC-093 -15-March 6, 2014 discussion of long term financing mechanisms, the party responsible for long term management, and a timetable for future steps; 6. Qualitative and quantitative comparisons of current mitigation conditions with pre- construction conditions and previous mitigation monitoring results; 7. Stream photo documentation, including all areas of permanent and temporary impact, prior to and after project construction, and mitigation sites, including all areas of permanent and temporary impact, prior to and after project construction. Photo documentation must be conducted in accordance with guidelines posted at http://www. waterboards. ca .gov/sand iego/water _issues/prog rams/40 1_ certification/d ocs/StreamPhotoDocSOP.pdf. In addition, photo documentation must include Geographic Positioning System (GPS) coordinates for each of the photo points referenced; 8. As-built drawings of the compensatory mitigation project site(s}, no bigger than 11"X17"; and 9. A survey report documenting boundaries of the compensatory mitigation site(s). J. Reporting Authority. The submittal of information required under this Certification, or in response to a suspected violation of any condition of this Certification, is required pursuant to Water Code section 13267 and 13383. Civil liability may be administratively imposed by the San Diego Water Board for failure to submit information pursuant to Water Code sections 13268 or 13385. K. Electronic and Paper Media Documents. The Applicant must submit all reports and information required under this Certification in both hardcopy (paper) and electronic format. The preferred electronic format for each report submission is one file in PDF format that is also Optical Character Recognition (OCR) capable. All paper and electronic documents submitted to the San Diego Water Board must include the following identification numbers in the header or subject line: Certification No. 10C- 093:PIN 757527. L. Document Signatory Requirements. All applications, reports, or information submitted to the San Diego Water Board must be signed as follows: 1. For a corporation, by a responsible corporate officer of at least the level of vice president. 2. For a partnership or sole proprietorship, by a general partner or proprietor, respectively. 3. For a municipality, or a state, federal, or other public agency, by either a principal executive officer or ranking elected official. 4. A duly authorized representative may sign applications, reports, or information if: City of Carlsbad Romeria Street Drainage Certification No. 1 OC-093 -16-March 6, 2014 a. The authorization is made in writing by a person described above. b. The authorization specifies either an individual or position having responsibility for the overall operation of the regulated activity. c. The written authorization is submitted to the San Diego Water Board Executive Officer. If such authorization is no longer accurate because a differe!nt individual or position has responsibility for the overall operation of the Project, a new authorization satisfying the above requirements must be submitted to the San Diego Water Board prior to or together with any reports, information, or applications, to be signed by an authorized representative. M. Document Certification Requirements. All applications, reports, or information submitted to the San Diego Water Board must be certified a1s follows: "I 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 obta1ining 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. " N. Document Submittal Address. The Applicant must submit reports required under this Certification, or other information required by the San Diego1 Water Board, to: Executive Officer California Regional Water Quality Control Board San Diego Region Attn: 401 Certification No. 10C-093:PIN 757527 2375 Northside Drive, Suite 100 San Diego, California 92108 VII. NOTIFICATION REQUIREMENTS A. Twenty Four Hour Non-Compliance Reporting. The Applicant shall report any noncompliance which may endanger health or the environment. Any such information shall be provided orally to the San Diego Water Board within 24 hours from the time the Applicant becomes aware of the circumstances. A written submission shall also be provided within five days of the time the Applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected; the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance. The San Diego Water Board, or an authorized representative, may waive the written report on a case-by-case basis if the oral report has been received! within 24 hours. 1 l City of Carlsbad Romeria Street Drainage Certification No. 10C-093 -17-March 6, 2014 B. Hazardous Substance Discharge. Except for a discharge which is in compliance with this Certification, any person who, without regard to intent or negligence, causes or permits any hazardous substance or sewage to be discharged in or on any waters of the State, shall as soon as (a) that person has knowledge of the discharge, (b) notification is possible, and (c) notification can be provided without substantially impeding cleanup or other emergency measures, immediately notify the City of Carlsbad, in accordance with California Health and Safety Code section 5411.5 and the California Office of Emergency Services of the discharge in accordance with the spill reporting provision of the State toxic disaster contingency plan adopted pursuant to Government Code Title 2, Division 1, Chapter 7, Article 3.7 (commencing with section 857 4.17), and immediately notify the State Water Board or the San Diego Water Board of the discharge. This provision does not require reporting of any discharge of less than a reportable quantity as provided for under subdivisions (f) and (g) of section 13271 of the Water Code unless the Applicant is in violation of a Basin Plan prohibition. C. Oil or Petroleum Product Discharge. Except for a discharge which is in compliance with this Certification, any person who without regard to intent or negligence, causes or permits any oil or petroleum product to be discharged in or on any waters of the State, or discharged or deposited where it is, or probably will be, discharged in or on any waters of the State, shall, as soon as (a) such person has knowledge of the discharge, (b) notification is possible, and (c) notification can be provided without substantially impeding cleanup or other emergency measures, immediately notify the California Office of Emergency Services of the discharge in accordance with the spill reporting provision of the State oil spill contingency plan adopted pursuant to Government Code Title 2, Division1, Chapter 7, Article 3.7 (commencing with section 8574.1). This requirement does not require reporting of any discharge of Jess than 42 gallons unless the discharge is also required to be reported pursuant to Clean Water Act section 311, or the discharge is in violation of a Basin Plan prohibition. D. Anticipated Noncompliance. The Applicant shall give advance notice to the San Diego Water Board of any planned changes in the Project or the Compensatory Mitigation project which may result in noncompliance with Certification conditions or requirements. E. Transfers. This Certification is not transferable in its entirety or in part to any person or organization except after notice to the San Diego Water Board in accordance with the following terms: 1. Transfer of Property Ownership: The Applicant must notify the San Diego Water Board of any change in ownership of the Project area. Notification of change in ownership must include, but not be limited to, a statement that the Applicant has provided the purchaser with a copy of the Section 401 Water Quality Certification and that the purchaser understands and accepts the certification requirements and the obligation to implement them or be subject to liability for failure to do so; the seller and purchaser must sign and date the notification and provide such notification to the San Diego Water Board within 10 days of the transfer of ownership. City of Carlsbad Romeria Street Drainage Certification No. 1 OC-093 -18-March 6, 2014 2. Transfer of Mitigation Responsibility: Any notification of transfer of responsibilities to satisfy the mitigation requirements set forth in this Certification must include a signed statement from an authorized representative of the new party (transferee) demonstrating acceptance and understanding of the responsibility to comply with and fully satisfy the mitigation conditions and agreement that failure to comply with the mitigation conditions and associated requirements may subject the transferee to enforcement by the San Diego Water Board under Water Code section 13385, subdivision (a). Notification of transfer of responsibilities meeting the above conditions must be provided to the San Diego Water Board within 10 days of the transfer date. 3. Transfer of Post-Construction BMP Maintenance Responsibility: The Applicant assumes responsibility for the inspection and maintenance of all post-construction structural BMPs until such responsibility is legally transferred to another entity. At the time maintenance responsibility for post-construction BMPs is legally transferred the Applicant must submit to the San Diego Water Board\ a copy of such documentation and must provide the transferee with a copy of a long-term BMP maintenance plan that complies with manufacturer specifications. The Applicant must provide such notification to the San Diego Water Board within 10 days of the transfer of BMP maintenance responsibility. Upon properly noticed transfers of responsibility, the transferee assumes responsibility for compliance with this Certification and references in this Certification to the Applicant will be interpreted to refer to the transferee as appropriate. Transfer of responsibility does not necessarily relieve the Applicant of this Certification in the event that a transferee fails to comply. F. Discharge Commencement. The Applicant must notify the San Diego Water Board in writing at least 5 days prior to the start of Project construction. VIII. CALIFORNIA ENVIRONMENTAL QUALITY ACT COMPLIANCE A. The City of Carlsbad is the Lead Agency under the California Environmental Quality Act (CEQA) (Public Resources Code section 21000, et seq.) section 21067, and CEQA Guidelines (California Code of Regulations, title 14, section 15000 et seq.) section 15367, and has filed a Notice of Determination dated August 14, 2009 for their Mitigated Negative Declaration (MND) (State Clearing House Number 2009081050). The Lead Agency has determined the Project will have a significant effect on the environment and mitigation measures were made a condition of the Project. B. The San Diego Water Board is a Responsible Agency under CEQA (Public Resources Code section 21069; CEQA Guidelines section 15381). The~ San Diego Water Board has considered the Lead Agency's MND and finds that the Project as proposed will have a significant effect on resources within the San Diego \Nater Board's purview. C. The San Diego Water Board has required mitigation measures as a condition of this Certification to avoid or reduce the environmental effects of the Project to resources within the Board's purview to a less than significant level. I City of Carlsbad Romeria Street Drainage Certification No. 10C-093 -19-March 6, 2014 D. The City of Carlsbad has adopted a mitigation monitoring and reporting program pursuant to Public Resources Code section 21081.6 and CEQA Guidelines section 15097 to ensure that mitigation measures and revisions to the Project identified in the MND are implemented. The Mitigation Monitoring and Reporting Program (MMRP) is included and incorporated by reference in Attachment 5 to this Certification. The Applicant shall implement the Lead Agency's MMRP described in the MND, as it pertains to resources within the San Diego Water Board's purview. The San Diego Water Board has imposed additional MMRP requirements as specified in section VI of this Certification. E. As a R~sponsible Agency under CEQA, the San Diego Water Board will file a Notice of Determination ·;n accordance with CEQA Guidelines section 15096 subdivision (i). IX. SAN DIEGO WATER BOARD CONTACT PERSON Alan Monji, Environmental Scientist California Regional Water Quality Control Board, San Diego Region 2375 Northside Drive, Suite 100 San Diego, California 92108 Telephone: 619-521-3968 Email: alan. monii@waterboards. ca.gov X. WATER QUALITY CERTIFICATION I hereby certify that the proposed discharge from the Romeria Street Drainage Improvement Project (Certification No. 1 OC-093) 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 State Water Board Order No. 2003-0017-DWQ, "Statewide General Waste Discharge Requirements for Dredged or Fill Discharges that have Received State Water Quality Certification (General WDRs)," which requires compliance with all conditions of this Water Quality Certification. Please note that enrollment under Order No. 2003-017-DWQ is conditional and, should new information come to our attention that indicates a water quality problem, the San Diego Water Board may issue individual waste discharge requirements at that time. City of Carlsbad Romeria Street Drainage Certification No. 1 OC-093 -20-March 6, 2014 Except insofar as may be modified by any preceding conditions, all Certification actions are contingent on (a) the discharge being limited to, and all proposed mitigation being completed in strict compliance with, the applicants' Project description and/or the description in this Certification, and (b) compliance with all applicable requirements of the Basin Plan. I, David W. Gibson, Executive Officer, do hereby certify the forgoing is a full, true, and correct copy of Certification No. 10C-093 issued on March 6, 2014. DAVID W. GIBSON Executive Officer San Diego Water Board '3 -~ .. 2o 1'\ Date ATTACHMENT 1 DEFINITIONS Activity-when used in reference to a permit means any action, undertaking, or project including, but not limited to, construction, operation, maintenance, repair, modification, and restoration which may result in any discharge to waters of the state. Buffer-means an upland, wetland, and/or riparian area that protects and/or enhances aquatic resource functions associated with wetlands, rivers, streams, lakes, marine, and estuarine systems from disturbances associated with adjacent land uses. California Rapid Assessment Method (CRAM) -is a wetland assessment method intended to provide a rapid, scientifically-defensible and repeatable assessment methodology to monitor status and trends in the conditions of wetlands for applications throughout the state. It can also be used to assess the performance of compensatory mitigation projects and restoration projects. CRAM provides an assessment of overall ecological condition in terms of four attributes: landscape context and buffer, hydrology, physical structure and biotic structure. CRAM also includes an assessment of key stressors that may be affecting wetland condition and a "field to PC" data management tool (eCRAM) to ensure consistency and quality of data produced with the method. Compensatory Mitigation Project-means compensatory mitigation implemented by the Applicant as a requirement of this Certification (i.e., applicant -responsible mitigation), or by a mitigation bank or an in-lieu fee program. Discharge of dredged material -means any addition of dredged material into, including redeposit of dredged material other than incidental fallback within, the waters of the United States and/or State. Discharge of fill material -means the addition of fill material into waters of the United States and/or State. Dredged material -means material that is excavated or dredged from waters of the United States and/or State. Ecological Success Performance Standards -means observable or measurable physical (including hydrological), chemical, and/or biological attributes that are used to determine if a compensatory mitigation project meets its objectives. Enhancement-means the manipulation of the physical, chemical, or biological characteristics of an aquatic resource to improve a specific aquatic resource function(s). Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic resource area. Establishment-means the manipulation of the physical, chemical, or biological characteristics present to develop an aquatic resource that did not previously exist. Creation results in a gain in aquatic resource area. 1 Fill material -means any material used for the primary purpose of replacing an aquatic area with dry land or of changing the bottom elevation of a water body. Isolated wetland -means a wetland with no surface water conne1ction to other aquatic resources. Mitigation Bank-means a site, or suite of sites, where resources (e.g., wetlands, streams, riparian areas) are restored, established, enhanced, and/or preserved for the purpose of providing mitigation for impacts authorized by this Certification. Preservation -means the removal of a threat to, or preventing the decline of, aquatic resources by an action in or near those aquatic resources. This term includes activities commonly associated with the protection and maintenance of aquatic resources through the implementation of appropriate legal and physical mechanisms. Pn:!servation does not result in a gain of aquatic reso.urce area or functions. Re-establishment -means the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/ historic functions to a former aquatic resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in aquatic resource area and functions. Rehabilitation -means the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural/ historic functions to a degraded aquatic resource. Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in aquatic resource area. Restoration -means the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a formt:!r or degraded aquatic resource. For the purpose of tracking net gains in aquatic resource area, restoration is divided into two categories: re-establishment and rehabilitation. Start of Project Construction-For the purpose of this Certification, "start of Project construction" means to engage in a program of on-site construction, including site clearing, grading, dredging, landfilling, changing equipment, substituting equipment, or even moving the location of equipment specifically designed for a stationary source in preparation for the fabrication, erection or installation of the building components of the stationary source within waters of the United States and/or State. Uplands -means non-wetland areas that lack any field-based ind1icators of wetlands or other aquatic conditions. Uplands are generally well-drained and occur above (i.e., up-slope) from nearby aquatic areas. Wetlands can, however, be entirely surrounded by uplands. For example, some natural seeps and constructed stock ponds lack aboveground hydrological connection to other aquatic areas. In the watershed context, uplands comprise the landscape matrix in which aquatic areas form. They are the primary sources of sediment, surface runoff, and associated chemicals that are deposited in aquatic areas or transported through them. Water quality objectives and other appropriate requirements 4lf state law -means the water quality objectives and beneficial uses as specified in the appropriate water quality control plan(s); the applicable provisions of sections 301, 302, 303, 306, and 307 of the Clean Water Act; and any other appropriate requirement of state law. 2 City of Carlsbad Romeria Street Drainage Improvement Project Certification No. 1 OC-093 ATTACHMENT 3 SITE PLANS ---.-:JilL 1 _,e.'l...,.,IMitNIG&DOODf,_, t _ ...... J ~...,.,.""" • N!IIMGIIIIJIU • ....:WQ;MJU.I'Vtll f DWRCcx::IMU.IC/tll CONSTRUCTION PLANS FOR ROMERIA STREET CHANNEL IMJPROVEMENT PROJECT NO. 66041 • CITY OF CARLSBAD CAALSBAD, CALJFORNIA CUYCQUNCIL (lN.(~£ A 1ltD' WIIS ·loW't¥1 W.TTHALL • W.roR PfiO Tal -KU.CHN-COI.NllMBIIER -~-COI.Nll- .AAJE lltGIWID· COI.Nll- ~ff..::::.~ ~ •W;~ ,.:,::ni!WfmV .,,...,.,Jr:£.1Ji TOI'- SECTlONI>II DEBAI9 B.WERDETAII. 0 -~- ·-- ...U¥.1~~-,-----tl~7~ EXCAVATlOH SCZ.TTJl!!.STAMlTY DETAIL 0 X ...... liUIU'I! = .... ~N«. ft· -~ .. • .. u.ll--' :;· ,·· . . . . . . . ~ ...... _ __,_...,.. ____ _ t* ~iiiiii'S·~p·;,a,. ,.~. ---~~~ ...... ~ .. , ......... .,_M.t.,., ---s.·:~ ~~ :e:-.~~ 7.:t.'~~ • ., 'liS BUILT' ·-------------·-r-- ROMERIA STREET -·., ca. ... lJl.l..,_/ ..... ~ C*IJJII.ICT~-IILMWl .. IIU'f._.CII'OWIIC..U ICTt lll.Mce.lfLICT.,.,.... c.ut• ,...., " ~,., .. ''-...au. &t .... '* .... ,..,. ...... ~~ .......... ~.~ ............ ,., ...... ~....,.. ,_ .... ,.... ,...... 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""'""'oil.!!~!-).:11"·!:!!~~-E::J--·-IilB•---1----- • PLAN; ROMERIA STREET DRAINAGE CHANNEL ~~ , , , . ----------~--ROMERIA STREET -- NOTE: EROSION CONTROL OET AILS PER SPECIFICA liONS 1~NO CALIFORNIA STORMWATER OU-.LITY ASSOCIATION !CASOAl STORMWA TER BMP HANDBOOK, CURRENT VERSION AT TIME OF BID .... u flfll ll.lt!l CUl l ••••••••••••••••••• lltl ~ .. •11t!IUU UU 1~1 ••••u ••••,~•• •tU.J··················•• ~~·~=11~~~~~~c\~.~~ UUUt.IU 0 • r e ·,.s evttr .£ __ ... __ "" -.. --cr]l Cn;Y oP $PIIIrn b;:?:~=---1 __ Jiji II ':'r"' 1'":1 • .. , 'M.ti7=--.... .. .. ..._ 'iSNiR\S-~lr.!l)-2 ~ WI-J(ll} ~~&1ft' ~W20-5(lt1} 1M! WIJ-1 ·~..::~~ . ~i.ir"WP-"=' ~lr.!I)-!J(LT) !;;raJ C2«H . iilila-.::-.a:== <8> W20-1 [J;[J Rt--9 'RilaWIC..:it& ~ W20-4 ~Rt-11• 'UWiiF~l-~1!21-5 !Ell 119-10 -~~,: ~-· (ll R4-7o "W.II..,...~"fir {P11'-l(R1} ~ C9A(CA) ·~& ~WI-4(Ll) ~ CJO(CA) ·~~ 0 WI-4(R1} ~ CJOA(CA) ua ··-., ... '::!' ..::. -~ ~ il It ~· -· -LBmlml -· --CIIIBD Cf --~ • _....., .. ........................ l f'ftiMIIIDII: ::. .... , =:t . . . . tai!DI r ,_. y n.v;_,. ~ f'ldoiiiC:A--. • ~-~~ -lt-«M.CJI'l•--m ~tDWt:- City of Carlsbad Romeria Street Drainage Improvement Project Certification No. 1 OC-093 ATTACHMENT 2 PROJECT LOCATIOIN LEGEND -Project Boundary 0 1.000 2.000 feet SOURCE: USGS 7.5' QUAD · RANCHO SANTA FE ( '83) I:IHCR0902\GISIProjLoc_figl.rrud (812512010) FTGURE I Lo1 Costa Avenue and Romeria Street Slope Failure Repair Project Location Map City of Carlsbad Romeria Street Drainage Improvement Project Certification No. 1 OC-093 ATTACHMENT 5 MITIGATION MONITORING AND REPIDRTING PROGRAM Page 1 of8 PROJECT NAME: Romerla Street Channel Improvement FILE NUMBERS: u.H!!!M:!...P.:t.0~9·;x03"'---------- APPROVAL DATE: ___________ _ The following environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate identified environmental impacts to a level of insignificance. A completed and signed checklist for each mitigation measure indicates that this mitigation measure has been complied with and implemented, and fulfills the City's monitoring requirements with respect to Assembly 81113180 (Public Resources Code Section 21081.6). Mitigation Maasunt Monitoring Tvoe Biology BIO -1 Implementation of construction, clearing of vegetation, or project maintenance within the project impact footprint shall occur outside the breeding season (February 15 through September 15}. The USFWS will be notified at least seven days before clearing and grubbing begins. During construction conducted outside the breeding season, a qualified biologist shall walk the area directly ahead of construction equipment to nush birds from the area. The biologist will immediately report to the USFWS the number and location of any federally listed birds disturbed by clearing and grubbing. No gnatcatchers will be injured or killed. If construction, clearing Qf vegetation, or maintenance must commence during breeding season, then the City shaD have a qualified biologist conduct a preconstruction survey for nesting birds, including raptors, within three days of construction. Should nesting birds be detected within 100 feet of the project impact footprint. the USFWS will be notified immediately of any federally listed species that are located during the preconstruction survey. A qualified biologist shall then establish suitable buffer area (at least 300 feet) within which no construction activity may take place until the nest is no longer aclive. Jl~temalively, the City can conduct surveys for coastal California gnatcatcher to determine presence during the breeding season as described below. Work may be allowed if no gnatcatchers are present If construction or maintenance activities are necassary during the breeding season, a qualified biologist will conduct a focused species coastal California gnatcatcher survey in appropriate habitat within and surroundill!l the project area. The survevs will Expi@Qati!!IJ of tlaildlngt: Type = P111je<l, ongoing, cumulative. Manilolfng DepL =Department, or Agency, raspansible fat manllatfng ~particular mitigation measure. S'-n on PleiUI =When mitigation measure is ahown on plans, lhis column will be inftl3lad and dated. Monitoring Deoartment Planning I Engineering Verified lmplemenlallan =When millgalion measure has been implllml!flled, lhis column Will ba initialed and daled. Rem IIIIIs "ANa lor dewibing status of ongoing mitigation measunt, or lor alher lnfonnalion. RD • Appendilt P. Shown on Verified Remarks Plaris Implementation Page 2of8 MHigation Measure consist of three visits, one week apart; the last of these will be conducted no more than three days prior to construction or maintenance, as required by the Guidelines for Biological Studies (City of Carlsbad 2008). During the breeding season, construction noise shall be monitored regularly to maintain a threshold at or below 60 dBA hourly Leq within 300 feet of breeding habitat occupied by listed species. If noise levels supersede the threshold, the construction array will be changed or noise attenuation measures will be implemented, as recommended in the Guidelines for Biological Studies (City of Carlsbad 2008). BIO - 2 Habitat restoration or enhancement will be performed to meet the HMP requirements for impacts to coastal sage scrub, native grasslands, and nonnative grasslands. Mitigation will be required on site or off site through preservation, creation, or restoration of habitat in accordance with the mitigation ratios listed in the HMP. Mitigation for impacts to unoccupied coastal sage scrub, nonnative grassland, and disturbed lands may be fulfilled with out-of-kind mitigation if they are contributing to assembly of a large contiguous habitat parcel, as discussed in Table 11 of the HMP. The City will be responsible for providing mitigation pursuant to the HMP prior to issuance of notice to proceed: A For 0.099 acre of impacts to coastal sage scrub habitat, mitigation at a 1:1 ratio (0.09!li acre, or approximately 4,312 square feel) for scrub unoccupied by coastal California gnatcatcher, or a 2:1 ratio (0.198 acre, or approximately 8,625 square feet) for occupied coastal sage scrub. Mitigation for unoccupied habitat wtll be achieved via credits from the City's Lake Calavera Mitigation Parcel while any occupied habitat mitigation will be achieved via on site creation or restoration, or in another suitable area approved by the appropriate resource agencies. Creation or restoration shall occur based on an approved plan, shall occ:ur under the direction of a professional biologist. and shall Erplan!Upn of Headings: Typa 2 Praject, ongoing, cumulative. Monitoring Ty~e Project MoniiGring Dept.= Deparlmelll. or Agency, ll!Sponslble for monitoring a pllllicular mHigallon measure. Shown on Plana = Wllan mligution meaa11111ls shown on plans, lhl!l coklmn will be lnlialecll and dated. Monitoring Depa_rtment Planning/ Engineering Verified lmplemanlal.lan =When mnigation measum has been Implemented, this column will be initialed and dated. Remarks"' Area for describing slalus of ongoing mitigation meiiSU111, ll1 for olher infonnatlon. RD-Appendix P. Shown on PIEIOS Verified Implementation Remarks f8 Page 3 o MldgaUon Measure Monitoring Monitoring Type DE!~rtment be subject to monitoring for a period of approximately 3 to 5 years, as directed by the appropriate agencies. B. For 0.143 acre of impacts to nonnative grasslands, mitigation at a 0.5:1 ratio (0.072 acre, or approximately 3,136 square feet). Mitigation will be achieved via credits from the City's Lake Calavera Mitigation Parcel. C. For 0.098 acre of impacts to disturbed habitat, mitigation at a 0.1:1 ratio (0.0098 acre, or approximately 427 square feet). Mitigation will be achieved via credits from the City's Lake Calavera Mitigation Parcel. D. For 0.003 acre of impacts to native grassland, mitigation at a 3:1 ratio (0.009 acre, or approximately 392 square feet). Mitigation will be achieved via creation at the City's Lake Calavera Mitigation Parcel. BIO-3 Prior to any site construction activities, including Project Planning I grading, clearing, or placement of materials or equipment, a Engineering construction fence shall be inslalled at the project limits adjacent to sensitive, native plants so as to clearly delineate the grading limits and to insure additional impacts do not occur. This mostly applies to the northwest and southwest portions of the project boundary. BIO -4 Habilat restoration of creation will be preformed to meet Project Planning I the HMP requirements for impacts to wetlands. Mitigation will be Engineering on site or off site through creation or restoration of habilat in accordance with the mitigation ratio listed in the HMP. Creation or restoration shall occur based on an approved plan, shall occur under the direction of a professional biologist, and shall be subject to monitoring for a period of approximately 3 to 5 years, as directed by the appropriate agencies. The City will be responsible for providing mitigation pursuant to the HMP prior to issuance of notice to proceed: A. For 0.077 acre of impacts to disturbed wetlands, mitigation at a 1:1 ratio (0.077 acre, or approximately 3,354 ~re feet). Wetland mitigation will be achieved Exp~o!'ofH ....... : Type -Prosect. ongo1ng, a.nwlatiVe. MonltAirlng DepL = Depanmanl, or Agency, ll!sponsible lor monilollng a parti:ulsr mitigation measlll8. Shawn on Plans =When mitigation meas11111 is shawn on plans, this column will be in~ialed and dated. Verlllad Implementation .. When mitigation measURI has bet!n implomenbld, lllls column will be inHialad and dalad. Remarks =Area for descnbing status of angolng mHigation measull!, or lor other in !ormation. RO-Appendix P. Shown on Verified Remarks Plans Implementation p 4of8 aae Mitigation Measure Monitoring Type via on site creation or resloration, or in another suitable area approved by the a[ppropriate resource agencies. Cultural CUL -1 The following mitigation measures will be required as Project the project is located in an undeveloped area that could potentially impact significant cultural deposits. In addition, for any operation and maintenance activities that will require temporary construction of an access road through previously undeveloped or undiSturbed areas, the following mitigation measures will be required prior 1o construction. a) Preconstruction Requirements-Prior to the issuance of notice to proceed, a pedestrian survey shall be conducted under the supervision of a qualified archaeologist for previously undisturbed areas that have not been surveyed or adequately surveyed (e.g., the area was surveyed with outdated or non- protocol methods). The survey shall be conducted in parallel linear transects spaced no farther than 10 meters apart in undeveloped areas. 1) Cultural resources, if found during the· survey, shall be photographed, mapped using a global positioning system (GPS). and recorded on the appropriate California Department of Parks and Recreation forms (OPR Fonn 523AIB). The forms shall be submitted to the SCIC for the assignment of Primary numbers within 1 week of the survey. 2) Within 1 month of completion of the field survey, a draft letter report or technical report shall be submitted to the City for review, whether the survey is negative or positive. A final report shall be submitted within 6 weeks of receipt of the City's comments, with a copy submitted 110 the SCIC for their files. b) If the pedestrian survey is positive, the qualified archaeologist shall conduct an updated archival search, if needed, as well as additional detailed Held testing. Local Native American groups shall be contacted for testina of prehistoric C!llltural resources Expfaft!Uon of tfpadlngs; Type = Pllljad, Clllgoing, cumulallw!. Monitoring DepL • Depallment, or Agency, rv&pOm;ible lor monitoring a partii:Uiar m~igation measure. Sh-.. an PlaM =When rnltlgatioiiiMII&ure is shown·an plans, lhia column will be initialed and dated. Moniloring Department Planning 1 Engineering Verified Implementation ., When mitiption measure has been implemented, lhia column will be inlialed and dated. Remarks • Area for describing status of ongoing m~igalion m&UU11!, or fllr other infonnation. RD -AppencfD< P. Shown on Verified Remarks P~ans ImPlementation Paae 5 f8 0 Mitigation Measure Monitoring Type regarding the project Where applicable. the City will execute a Pre-Excavation Agreement with the appropriate Native American groups. 1) Prior to the start of field testing, surface artifacts and/or features shall be marked and mapped using a GPS. Testing shall be required if surface artifacts are discovered, and shall include a program of 30-cm-diameter shovel test pits (STPs) to define site boundaries and identify the potential for a substantial subsurface deposit. 2) Based on the results of tile STPs. additional measures such as Test Excavation Units or mechanical trenching (lor substantial historic sites) would be placed in areas with the potential for a substantial subsurface deposit, as detennined by the qualified archeologist. 3) All excavated soils shall be screened through 1/8-inch mesh hardware cloth. On completion of the project the artifact collection, along with copies of the catalogs and the technical report, shall be pennanently curated at the San Diego Archaeological Center. An updated site record shall be prepared and submitted to the SCIC. 4) Within 3 months of completion of the fieldwork, a draft technical report including evaluations and recommendations shall be prepared and submitted. The final technical report shall be submitted witllin 6 weeks of receipt of the City's comments. CUL-2 Monitoring Requirements-Construction monitoring will Project be required for proposed components that involve excavation or grading within undisturbed native soils and could potentially impacl subsurface cultural deposits. a) Prior to the first preconstruction meeting for the project, the Planning Director (PO) shall verify that the requirements for archaeological monitoring and Native American monitoring, if applicable, have been noted on the appropriate construction documents. The applicant shall retain a qualified an:haeoloalst Explanallon of HHdl!l!ll; Type = Ptojacl, ongoing, c:umulallve. Monltodng Dept. • Oeparlment, or Agency, ra$ponsible for monRoring a particular rnltlgatlan measure. Shawn an Plans =Wilen mftigalflln ma8SUI8 is shown on plans, this column wil bll inftialed and dated. Monitoring Department Planning/ Engineering Vert ned lmplernantalian • When miligaUon measure has bllen implomenled, this column will blllnili•lad and dated. Remarks c Area for describing stabls of ongoing mHigatian measure, or for other lnrannaUan. RD -Appendix P. Shown on Verified Remarks Plans Implementation f8 Page6o Mitigation Measure Mo11itoring Type to verify that a records search has been comiPieted and updated, as necessary, and to implement the monitoring. program. At the preconstruction meeting, the archaeologist shall submit to the PO a copy of the site/grading plan that identifies areas to be monitored. b) The qualified archaeologist shall be present full-time during grading/excavation of native soils with the potential to contain buried cultural features or deposits and shall document activity via the Consultant Monitor Record. It is the construction manager's responsibility to keep the archaeological monitors up- to-elate with current plans. c) In the event of a discovery, the archaeologist, or the Principal Investigator (PI) if the monitor is not qualified as a PI, shall divert, direct. or temporarily halt ground-disturbing activities in the araa of the discovery Ia allow for preliminary evaluation of potentially significant archaeological resources. The PI shall also immediately notify the construction manager and the PO of such findings at the lime of discovery. 1) The significance of the discovered resources shall be assessed by the Pl. For significant archaeological resources, a Research Design and Data Recovery Program shall be prepared and implemented by the qualified archaeologist The results of the Research Design and Data Recovery Program shall be approved by the City before ground-disturbing activities in the area of discovery shall be allowed to resume. d) If human remains are discovered, worl< shall halt in that area and procedures set forth in the California Public Resources Code (Sec. 5097.98) and State Health and Safety Code (Sec. 7050.5) shaD be implemented. Construction in that area shall not resume until the remains have been evaluated and conveyed to appropriate descendants or reinterred to the satisfaction of the Pl. el The archaeologist shall notify the PD. in writing, of the end E!planaliDD pf Hetdlngs; TJPe = PIOjad, ongoing. cumulatNe. Monilrlring DapL: Depalllnenl or Agency, responsible for monlltlring a particular mitigation measura. ShaWn on Plans =When miligalion measure is shOwn on plans. this column will be initialed and dated. Monitoring Department V•riftad lmplemenlaUon =Wilen mitigation measura hilS been Implemented. IIIia column will be initialed and dated. RemarkS = Araa for describing statue of ongoing m~igaUon measuN, ar far ather infamation. RD-Appendix P. Shc1wnon Verified Remarl<s Plans Implementation ·--· ----·-------- Page 7 f8 0 Mitigation Measure Monitoring Monitoring Tv De Department date of monitoring. The archaeologist shall be responsible for ensuring that all cultural remains collected are cleaned, catalogued, and permanenUy curated with an appropriate institution; that a letter of acceptance from the curalion institution has been submitted to the Planning Department; that all artifacts are analyzed to identify function and chronology as they relate to the history of the area; that faunal material is identified as to species; and that specialty studies are completed, as appropriate. f) Within 3 months following the completion of monitoring, the Draft Results Report (even If negative) and/or evaluation report, if applicable, which describes the resulls, analysis, and conclusions of the Archaeological Monitoring Program (with appropriate graphics) shall be submitted to the PO for approval. For significant archaeological resources encountered during monitoring, the Research Design and Data Recovery Program shall be included as part of the Draft Results Report. The qualified archaeologist shall be responsible for recording (on the appropriate State of California Department of Park and Recreation forms-DPR 523 AlB) any significant or potentially significant resources encountered during the Archaeological Monitoring Program, and submitting such forms to the SCIC with the Final Resulls Report. Geoloav and Solis GEO -1 The project will comply with the recommendations of Project Planning I the Geotechnical Evaluation prepared by Nlnyo & Moore, dated Engineering June 27, 2008 in order to increase stability due to the existing soil condition. Hydrology and Water Quality WQ - 1 Prior to issuance of notice to p~. the developer Project shall prepare and submit for review and approval of the Carlsbad City Engineer, a Storm Water PoDution Prevention Program (SWPPP) to demonstrate that pollutants will be controlled through compliance with the City of Carlsbad Standard Urban Storm water Mitigation Plan (SUSMP), General Construction Storm water Permit (Order No. 99-08, NPDES CAS000002), and the General Munlcloal Storm water Permit (Order RS-2007- El!planat!on of Headlnns. Type= Pm)ed, ongoiftg, CUDJufatlve. Monitoring Dept. " Departmen~ or Agency, responsible for monftoring a parlia!lar mitigation measuno. ShoMI on PiliP& .. When mitigation measure is shown on plans, !his column will be lnillatecland dated. Planning I Engineering Venlied lmplltmlllltaUon =When mitigation measurs has been implemented, this column witt be initialed and dilled. Remaltul "'Area ror describing status of ongoing mitigation meiiSUJII, or far ather infonnaUon. RD-Ajlpendix P. Shown on Verified Remarks Plans lmDiementalion P 8 fS age 0 Mitigation Measure Monitoring Monitoring Type Department 0001, NPOES CAS0108758). The appRcant shall be responsible for monitoring and maintaining the BMP erosion control measures identified below on a weekly basis in accordance with the City's grading and erosion control requirements (Municipal Code Section 15.16. et seq.). The locations of all erosion control devices shall be shown in the SWPP. BMPs that shall be installed include, but are not limited to, the following: • Silt fence, fiber rolls, or gravel bag berms • Street sweeping and vacuuming . Storm drain inlet protection . Stabilized construction entrance/exit • Hydroseed, soil binders, or straw mulch • Containment of material delivery and storage areas . Stockpile management • Spill prevention and control . Waste management for solid, liquid, hazardous, and sanitary waste, and contaminated soil . Concrete waste management Land Use and Planning LU - 1 Prior to issuance of notice to proceed, the applicant shall Project obtain all applicable permits from other agerucies such as a 1602 Streambed Alteration Agreement from the California Department of Fish and Game (CDFG), a 404 permit from the United States Army Corps of Engineers (USACE), and a 401 permit from the California Regional Water Quality COntrol Board (RWQCB). ExP'!!!I!!!!on of Headings: Type -Projec:l. ongoing, cumUlative. Monllllring Dept. = Department. or Agency, RISpansible far monitoring a particular mitigation measure. Shawn on Plans =-Wilen mitigation maaawe is shown on plans. this column wiU be Initialed and dated. Planning I Engineering Verlfted Implementation= Wilen mitigation meesUJD has been implemented, 1his column wiU be Initialed and dated. Ramarka "Area far describing otatus of ongoing rrriligellun measure, or far ather inlilllnllion. RD • Appendilr P. Shown on Verified Remarks Plans Implementation APPENDIXG GEOTECHNICAL EVALUATION ROMERIA STREET DRAINAGE IMPROVEMENT PROJECT PREPARED BY NINYO AND MOORE JUNE 27, 2008 & GEOTECHNICAL EVALUATION ROMERIA STREET DRAINAGE IMPROVEMENT PROJECf CARLSBAD, CALIFORNIA (ol..pC~-t l JPREPARED FOR City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 PREPARED BY Ninyo & Moore Geotechnical and Environmental Sciences Consultants 57 I 0 Ruffin Road San Diego, California 92123 June 27, 2008 Proje<:t No. 106333001 57 i 0 .Ruffin Rmd Sdn Diego. LJirforn;? 'JZ 123 Phone {858.1 576-f 000 F,~x [8';8.1 r;/6-%00 ---····-··--· -·------ ).:-Tn rJ!f'90 lrv!ne ()nldriO Lt)~ P.J:geles CJakiand Lr:-15-\/eqa~ (?rson Crl)l Phoenix 0.:-::._n:ver Ms. Sherri Howard, P. E. Associate Engineer City ofCarlsbad 1635 Faraday Avenue Carlsbad, California 92008 Subject: Geotechnical Evaluation Romeria Street Drainage Improvement Project Carlsbad, California Dear Ms. Howard: June 27, 2008 Project No. l 06333001 In accordance with your authorization, we have performed a geotechnical evaluation for the pro- posed drainage channel improvement project west of Romeria Street in Carlsbad, California. This report presents our geotechnical findings, conclusions, and reconunendations for the project. We appreciate the opportunity to be of service on this project. BTMJJTKJFOM/kh Distribution: (5) Addressee Francis 0. Moreland, C.E.G. Senior Geologist Romeria Street Drainage Improvement Project Carlsbad, California June 27, 2008 Project No. 106333001 TABLE OF CONTENTS Page 1. INTROf)lJCl"ION .................................................................................................................... 1 2. SC:OPE OF SERVICES ............................................................................................................ } 3. SITE AND PROJECT DESCRIPTION .................................................................................... l 4. SUBSURFACE EXPLORATION AND LABORATORY TESTING .................................... 2 5. GEOLOGY AND SUBSURFACE CONDITIONS ................................................................. 2 5.1. Site C:Jeology ................................................................................................................. 2 5.1.1. Colluvium ............................................................................................................ 3 5.1.2. Santiago Formation ............................................................................................. 3 5.2. Excavation Characteristics ............................................................................................ 3 5.3. Groundwater ................................................................................................................. 3 6. CONCLlJSIONS ...................................................................................................................... 3 7. RECOMMENI)ATIONS .... · ...................................................................................................... 4 7.1. Earthwork ..................................................................................................................... 4 7 .1.1. Site Preparation ................................................................................................... 4 7 .1.2. Remedial Grading -Maintenance Road .............................................................. 5 7.1.3. Excavation Bottom Stability ................................................................................ 5 7.1.4. Materials tor Fill ................................................................................................. 6 7.1.5. Compacted Fill .................................................................................................... 6 7 .1.6. Temporary Excavations ....................................................................................... 7 7.1.7. Slopes .................................................................................................................. 8 7.1.8. Drainage .............................................................................................................. 8 7.2. Preliminary Pavement Design ....................................................................................... 9 7.3. Corrosion ...................................................................................................................... 9 7.4. Concrete ...................................................................................................................... 10 7.5. Pre-Construction Mecting ........................................................................................... IO 7.6. Plan Review and Construction Observation ............................................................... 11 8. LIMITATIONS ....................................................................................................................... ll 9. REFERENCES ....................................................................................................................... 13 Figures Figure I -Site Location Map Figure 2 ·· Test Pit Location Map Appendices Appendix A·-Test Pit Log Appendix B -Laboratory Testing Appendix C ·-Typical Earthwork Guidelines I06JJJOOI Rd<>< S.' Romeria Street Drainage Improvement Project Carlsbad, California 1. INTRODUCTION June 27, 2008 Project No. 106333001 In accordance with your request and our proposal dated March 18, 2008, we have performed a geotechnical evaluation for the proposed drainage channel improvements west of Romeria Street and south of La Costa Avenue in Carlsbad, California (Figures 1 and 2). The purpose of this study "vas to evaluate the geotechnical conditions at the site and provide geotechnical design and con~ .struction recommendations for the proposed project. 2. SCOPit~ OF SERVICES Ninyo & Moore's scope of services for this project included review of pertinent background data, performance of a subsurface evaluation, and engineering analysis with regard to the proposed project. Specifically, we performed the following tasks: • Reviewing readily available published geotechnical literature, including geologic maps, en- gineering plans, and aerial photographs. • Performing a field reconnaissance to observe site conditions and to mark the location of our subsurface exploration. • Contacting Underground Service Alert (USA) to clear the subsurface exploration locations for conflicts with buried utilities. • Performing a subsurface exploration consisting of the excavating, logging and sampling oftwo ex- ploratory test pits. Bulk soil samples were obtained at selected intervals from the test pits for laboratory tes1ing. • Performing geotechnical laboratory testing on selected samples. • Compiling and analyzing the data obtained from our background review, subsurface explora- tion, and laboratory testing. • Preparing this report presenting our geotechnical findings, conclusions, and recommenda- tions regarding the geotechnical design and construction of the subject project. 3. SITE AND PROJECT DESCRIPTION The proposed project involves the improvement of an existing drainage channel west of Romeria Street in Carlsbad, California. The proposed channel improvements include replacing approxi- 10633J001 R doc Romeria Street Drainage Improvement Project Carlsbad, California June 27, 2008 Project No. 1 063 3 300 1 mately 350 feet of lined channel, replacing the headwall at the northern end of the channel, re- placing several brow ditches, and construction of a Gravelpave2 (permeable pavement) paved access road for maintenance equipment. As part of the access road construction, an approxi- mately l 0 foot high fill s~ope will be created. The site is located approximately 100 feet west of Romeria Street and adjacent to the south side of La Costa Avenue. The project site extends from La Costa Avenue approximately 350 feet south. The elevation of the project site varies from approximately 89 feet above mean sea level (MSL) at the north headwall flow line to approximately 115 feet above MSL at the existing headwall at the south el!1d of the improvements. Vegetation generally consists of a moderate growth of grass, weeds, and brush. 4. SUBSURFACE EXPLORATION AND LADORA TORY TESTING Our subsurface exploration was conducted on May 14, 2008 and consisted of excavating two ex- ploratory test pits (TP-1 and TP-2) using a John Deere 410 backhoe. Bulk soil samples were obtained at selected intervals from the test pits. The approximate locations of the test pits are shown on Figure 2. The test pit logs are presented in Appendix A. Laboratory testing of representative soil samples included grain size analysis, corrosivity, and R-Value. The results of the laboratory tests performed are presented in Appendix B. 5. GEOLOGY AND SUBSURFACE CONDITIONS Our findings regarding site geology and groWldwater conditions are provided in the following sections. 5.1. Site Geology "The geologic units encountered during our subsutface evaluation included coHuvium and materials of the Santiago Formation. Generalized descriptions of the units encountered are provided in the subsequent sections. Detailed descriptions are also provided on the test pit logs in Appendix A. l 0633300 I lldoc 2 Romcria Street Drainage Improvement Project Carlsbad? California June 27, 2008 Project No. 106333001 5.1.1. Colluvium Colluvium was encountered in both test pits from the ground surface to depths of up to approximately 8 feet. As encountered, the colluvium generally consisted of light gray to dark gray, wet, soft, sandy clay with scattered cobbles. 5.1.2. Santiago .Formation Materials of the Santiago Formation were encountered in the test pits underlying the colluvium to the depth explored. As encountered, the materials generally consisted of a reddish brown to light gray, moist, weakly to moderately cemented, silty, clayey fine- grained sandstone, and weakly indurated silty claystone. 5.2. Excavation Characteristics The results of our geotechnical evaluation indicate that colluvium and materials of the Santiago Formation underlie the project site, as presently proposed. The on-site materials are expected to be generally rippable with normal heavy-duty earthmoving equipment. Strongly cemented ma- terial (concretions), however, may be encountered within the Santiago Formation which would entail heavy ripping or the use of rock breakers. 5.3. Groundwater Groundwater seepage was observed in our test pits as well as on the surface at various loca- tions adjacent to the west side of the existing concrete swale. Based on the observed seepage, we anticipate that the groundwater level is at, or close to the ground surface in the northern portion of the project site. Fluctuations in groundwater level may occur due to sea- sonal variations, irrigation, groundwater withdrawal or injection, and other factors. 6. CONCLIJSJONS Based on our review of the reierenced background data, geologic field reconnaissance, subsurface evaluation and laboratory testing, it is our opinion that the proposed drainage channel improvements arc feasible from a geotechnical standpoint. Geotechnical considerations include the following: W6H300l R doc 3 Romeria Street Drainage Improvement Project Carlsbad, California June 27, 2008 Project No. 106333001 • During earthwork operations the contractor should anticipate encountering wet soils, cob- bles, and soft subgrade conditions. Grading recommendations are provided in the following sections. • Due to the presence of wet, soft soils underlying the proposed alignment for the access road and its associated fill slope, the access road and fill slope are antiCipated to be subject to fu- ture settlement. Periodic maintenance of the access road should be anticipated. • Our subsurface exploration encountered wet colluvial soils at the site. The contractor should anticipate additional processing (i.e., aeration) of the materials prior to use as fill. In lieu of the additional processing, the contractor may consider the usage of import materials. • Due to the location of the project site in an existing drainage channel, the contractor should anticipate groundwater seepage during constmction. • As detailed in the following sections, om laboratory testing indicates that the site would be considered corrosive based on Caltrans corrosion guidelines (2003). 7. RECOMMENDATIONS The following recommendations are provided for use in design and construction of the proposed drainage channel improvements. If additional geotechnical recommendations are needed, please contact this office. 7.1. Earthwork In general, earthwork should be performed in accordance with the recommendations pre- sented in this report. In addition, Typical Earthwork Guidelines for the project are included as Appendix C. In the event of a conflict, the recommendations presented in the text of this re- port should supersede those in Appendix C. i06Jl3001 R doc 7.1.1. Site Preparation Site preparation should begin with the removal of vegetation and other deleterious de- bris from areas to be graded. Tree stumps and roots should be removed to such a depth that organic material is generally not present. Clearing and grubbing should extend to the outside of the proposed excavation and fill areas. The debris and unsuitable material ,:.:..- 4 Romeria Street Drainage Improvement Project Carlsbad, California June 27, 2008 Project No. 106333001 106J33001 R doc generated during clearing and grubbing should be removed from areas to be graded and disposed of at a legal dumpsite away from the project area. 1.1.2. Remedial Grading-Maintenance Road We recommend that the wet colluvium in the maintenance road be removed to a depth of 3 feet below proposed finish grade and replaced with a combination of compacted Class 2 aggregate base materials with geogrid reinforcing. Once the removals have been per- formed, the removal surface should be dressed and any ruts that have developed should be smoothed out. Then Tensar BX-1100 geogrid material, or an equivalent, should be rolled out onto the excavation bottom. The grid material should overlap 2 feet or more. Subse- quent to the first layer of geogrid, a 12 inch layer of Caltrans Class 2 base material should be placed and compacted to a relative compaction of 90 percent as evaluated by the American Society for Testing and Materials (ASTM) Test Method Dl557. A second layer of geogrid (Tensar BX-11 00) should then be rolled out over the compacted base material. Subsequent to the second layer of geogrid, base materials should be placed to the finished subgrade elevation and compacted to 95 percent relative compaction as evaluated by ASTM D 1557. A third layer of geogrid should be placed below the paving section. 7.1.3. Excavation Bottom Stability In general, we anticipate that the exposed removal surfaces for the proposed improve- ments will encounter wet and loose soils that may be unstable. In general, to aid in the preparation of a firm working surface, the bottoms of the excavations may be overexca- vated 1 foot and replaced with a layer of 3-inch minus crushed rock worked into the removal surface. An alternative option may include the usage of base materials reinforced with a layer of geogrid. Recommendations for stabilizing excavation bottoms should be based on evaluation of the exposed field conditions by Ninyo & Moore at the time of construction. 5 Romeria Street Drainage Improvement Project Carlsbad, California June 27, 2008 Project No. 10633300 l 106JJJO{JJR_doc 7.1.4. Materials for li'ill On-site soils with an organic content of less than approximately 3 percent by volume (or 1 percent by weight) are suitable for use as fill. The on-site colluvium, however, is likely to be too wet to use as fill without drying. In general, fill materials should not contain rocks or Jumps over approximately 4 inches, and should not have more than approxi- mately 40 percent of the particles greater than % inch. Larger chunks, if generated during excavation, may be broken into acceptably sized pieces or disposed of off site. Imported fill material should generally be granular soils with a low or very low expansion potential (i.e. Expansion Index, EI, lower than 50). Import material should also have gen- erally low corrosion potential. Materials for usc as fill should be evaluated by Ninyo & Moore's representative prior to filling or importing. 7.1.5. Compacted Fill The contractor should request an evaluation of the exposed ground surface by Ninyo & Moore prior to placement of compacted fill. Unless otherwise recommended, the ex- posed ground surface should be scarified to a depth of approximately 8 inches and watered or dried, as needed, to achieve a moisture content generally above the optimum moisture content. The scarified materials should then be compacted to a relative com- paction of 90 percent as evaluated by ASTM D 1557. The evaluation of compaction by the geotechnical consultant should not be considered to preclude any requirements for observation or approval by governing agencies. It is the contractor's responsibility to no- tify our offices and the appropriate governing agency when project areas are ready for observation, and to provide reasonable time for that review. Fill materials should be moisture conditioned to generally above the laboratory optimum moisture content prior to placement. The optimum moisture content will vary with ma- terial type and other factors. Moisture conditioning of fill soils should be generally consistent within the soil mass. .s.: 6 Romeria Street Drainage Improvement Project Carlsbad. California June 27, 2008 Project No. 106333001 W6J:.noo1 R.doc Prior to placement of additional compacted fill material following a delay in the grading operations, the exposed surface of previously compacted fill should be prepared to receive fill. Preparation may include scarification, moisture conditioning, and recompaction. Compacted fill should be placed in horizontal lifts of approximately 8 inches in loose thickness. Prior to compaction, each lift should be watered or dried as needed to achieve a moisture content generally above the laboratory optimum, mixed, and then compacted by mechanical methods, using shccpsfoot rollers, multiple-wheel pneumatic-tired rollers or other appropriate compacting rollers, to a relative compaction of 90 percent as evalu- ated by ASTM 01557. Successive lifts should be treated in a like manner until the desired finished grades are achieved. 7.1.6. Temporary Excavations Although not anticipated, we recommend that trenches and excavations be designed and con- structed in accordance with Occupational Safety & Health Administration (OSHA) regulations. These regulations provide trench sloping and shoring design parameters for trenches up to about 20 feet deep based on the soil types encountered. Trenches over 20 feet deep should be designed by the Contractor's engineer based on site-specific geotechnical analyses. For plan- ning purposes, we recommend that the following OSHA soil classifications be used: Fill/Colluvium Santiago Formation TypeC TypeB Upon making the excavations, the soil classifications and excavation performance should be checked in the field by Ninyo & Moore's representative in accordance with the OSHA regulations. 'femporary excavations should be constructed in accordance with OSHA recorrunenda- tions. For trench or other excavations, OSHA requirements regarding personnel safety should be met by using appropriate shoring (including trench boxes) or by laying back the slopes at inclinations no ~1eeper than 1.5: I {horizontal :vertical) in fill or colluvium and 1 :1 in materials of the Santiago Formation. Temporary excavations that encounter seepage 7 Romeria Street Drainage Improvement Project Carlsbad, California June 27, 2008 Project No. 106333001 !06J)JOO! K doc may need shming or may be stabilized by placing sandbags or gravel along the base of the seepage zone. Excavations encountering seepage should be: evaluated on a case-by-case ba.<>is. On-site safety of personnel is the responsibility of the contractor. 7.1.7. Slopes We recommend that fill and cut slopes be constructed at an inclination of 2: I (horizon- tal:vertical). Compaction of the face of fill slopes should be performed by backrolling at intervals of 4 feet or less in vertical slope height or as dictated by the capability of the available equipment, whichever is less. fill slopes should be backrolled utilizing a sheepsfoot-type roller. Care should be taken in maintaining the desired moisture condi- tions and/or reestabJishing them, as needed, prior to backrolling. The placement, moisture conditioning, and compaction of fill slope materials should be done in accor- dance with the recommendations presented in the Compacte:d Fill section of this report. Site runoff should not be permitted to :flow over the tops of slopes. Positive drainage should be established away from the slopes. This may be accomplished by incorporating brow ditches placed at the top of the slopes to divert surface runoff away from the slope face where drainage devices are not othenvise available. The on-site soils are susceptible to erosion; therefore, the project plans and specifica- tions should contain design features and construction requirements to mitigate erosion of on-site soils during and after construction. Slopes and other exposed ground surfaces should be appropriately planted with a protective ground cover. 7.1.8. Drainage Surface drainage on the site should generally be provided so that water is not permitted to pond. A gradient of 2 percent or steeper should be maintained and drainage patterns should be established to divert and remove water from the site to appropriate outlets. Care should be taken by the contractor during grading to preserve any berms, drainage terraces, interceptor swales or other drainage devices on or adjacent to the project site. _, 8 Romeria Street Drainage Improvement Project Carlsbad, California June 27, 2008 Project No. 106333001 Drainage patterns established at the time of grading should be maintained for the life of the project. The property maintenance personnel should be made aware that altering drainage patterns might be detrimental to long term stability of slopes. 7.2. Preliminary Pavement Design We understand that a Gravelpave2-paved access drive \Viii be constructed on the site. Gravelpave2 is an engineered permeable pavement product placed on a base layer. For plan- ning purposes we are providing a preliminary Class 2 aggregate base section. Laboratory testing was performed on a representative sample of the on-site soils to evaluate R-valuc. The test was in general accordance with California Test (CT) Method 301 and the result is presented in Appendix B. The test result indicates an R-value of 10 for the sample tested. We have used this value for the preliminary design of the base section at the project site. Actual pave- ment recommendations should be based on R-value tests performed on bulk samples of the soils that are exposed at the finished subgrade elevations in the areas to be paved once grad- ing operations have been performed. For design we have used Traffic Index (TI) of 4.5 for site pavements. The preliminary recommended base section is 10.0 inches. If traffic loads are different from those assumed, the base section should be re-evaluated. In addition, we recommend that the upper 12 inches of the subgrade and the Class 2 aggregate base be compacted to a relative compaction of95 percent as evaluated by ASTM D 1557. 7.3. Corrosion Laboratory testing was performed on representative samples of the on-site soils to evaluate pH and electrical resistivity, as well as chloride and sulfate contents. The pH and electrical resistivity tests were performed in accordance with CT 643 and the sulfate and chloride con- tent tests were performed in accordance with CT 417 and 422, respectively. These laboratory test results are presented in Appendix B. The results of the corrosivity testing indicated electrical resistivities of 280 and 330 ohm-em, soil pH of7.7 and 7.8, chloride contents of2,000 and 1,150 parts per million {ppm) and sulfate 106JJ3001 R -tktt 9 Romeria Street Drainage Improvement Project Carlsbad, California June 27, 2008 Project No. 106333001 content<; of 0.129 and 0.035 percent (i.e., 1,290 and 350 ppm). Based on the Caltrans (2003) criteria, the project site would be classified as corrosive, which is defined as a site having soils with more than 500 ppm of chlorides, more than 0.2 percent sulfates or a pH less than 5.5. 7.4. Concrete Concrete in contact with soil or water that contains high concentrntions of soluble sulfates can be subject to chemical deterioration. Laboratory testing indicated sulfate contents of 0.129 and 0.035 percent for the tested samples, which is considered to represent a moderate potential for sul- fate attack (California Building Code [CBC], 2007). Based on the results of the sulfate tests and due to the variability in the on-site soils and the potential future use of reclaimed water at the site, \Ve recommend that Type V cement be used tor concrete structures in contact with soil. In addition, we recommend a water-to-cement ratio of no more than 0.45. We also re(:ommend that 3 inches of con- crete cover be provided over reinforcing steel for ca<;t-in-place structures in contact with site soils. In order to reduce the potential for shrinkage cracks in the concrete during curing, we recommend that for slabs-on-grade, the concrete be placed with a slump in ac,cordance with Table 5.2.1 of Section 302.1 R of 111e Manual of Concrete Practice, "Floor and Slab Construction," or Table 2.2 of Section 332R in T11e Manual of Concrete Practice, "Guide to R,esidential Cast-in-Place Con- crete Construction." If a higher slump is needed for screening and leveling, a super plasticizer is recommended to achieve the higher slump without changing the required water-to-cement ratio. The slump should be checked periodically at the site prior to concrete placement. We also rec- onunend that crack control joints be provided in slabs in accordance with the recommendations of the structural engineer to reduce the potential for distress due to minor soil movement and con- crete shrinkage. We further recommend that concrete cover over reinforcing steel for slabs-on- grade and foundations be in accordance with CBC 1907.7. The structural engineer should be con- sulted for additional concrete specifications. 7.5. Pre-Construction Meeting \Ve recommend that a pre-construction meeting be held prior to the commencement of grading. The owner or his representative, the agency representatives, the architect, the civil engineer, 1063J)fJill R.doc 10 Romeria Street Drainage Improvement Project Carlsbad, California June 27, 2008 Project No. 106333001 Ninyo & Moore, and the contractor should be in attendance to discuss the plans, the project, and the proposed construction schedule. 7.6. Plan Review ami Construction Observation The recommendations presented in this report are based on our understanding of the project and subsurface information disclosed by tv.·o exploratory test pits. Ninyo & Moore should check the subsurface conditions during construction. A representative of Ninyo & Moore should verify the depth and extent of removals during construction. Observation and testing of compacted fill and backfill should be performed by Ninyo & Moore. We further recommend that project plans be reviewed by the design engineer and Ninyo & Moore before construction. It should be noted that upon review of the project plans and specifications, some recommenda- tions presented in this report might be revised or modified to meet the project requirements. 8. LIMITATIONS The field evaluation, laboratory testing, and geotechnical analyses presented in this geotechnical report have been conducted in general accordance with current practice and the standard of care exercised by geotechnical consultants performing similar tasks in the project area. No wammty, expressed or im- plied, is made regarding the conclusions, recommendations, and opinions presented in this report. There is no evaluation detailed enough to reveal every subsurface condition. Variations may exist and conditions not observed or described in tins report may be encountered during construction. Uncer- tainties relative to subsurface conditions can be reduced through additional subsurface exploration. Additional subsurface evaluation \Viii be perfom1ed upon request. Please also note that our evaluation was limited to assessment of the geotechnical aspects of the project, and did not include evaluation of structural issues, environmental concerns, or the presence of hazardous materials. This document is intended to be used only in its entirety. No portion of the document, by itself. is designed to completely represent any aspect of the project described herein. Ninyo & JV1oore should be contacted if the reader requires additional information or has questions regarding 1he content, interpretations presented, or completeness of this document. 1063JJOOJ R doc ll Romeria Street Drainage Improvement Project Carlsbad, California June 27, 2008 Project No. l 06333001 This report is intended for design purposes only. It does not provide sufficient data to prepare an accurate bid by contractors. It is suggested that the bidders and their geotechnical consultant per- fonn an independent evaluation of the subsurface conditions in the project areas. The independent evaluations may include, but not be limited to, review of other geotedmical reports prepared for the adjacent areas, site reconnaissance, and additional exploration and laboratory testing. Our conclusions, recommendations, and opinions are based on an analysis ofthe observed site con- ditions. If geotechnical conditions different from those described in this report are encountered, our office should be notified, and additional recommendations, if warrant1~d, will be provided upon re- quest. It should be understood that the conditions of a site could change with time as a result of natural processes or the activities of man at the subject site or nearby sites. In addition, changes to the applicable laws, regulations, codes, and standards of practice may occur due to government ac- tion or the broadening of knowledge. The findings of this report may, therefore, be invalidated over time, in part or in whole, by changes over which Ninyo & Moore has no control. This report is intended exclusively for use by the client. Any use or reuse of the findings, conclu- sions, and/or recommendations of this report by parties other than thj~ client is undertaken at said parties' sole risk. 1063JJOO! R.doc 12 Romeria Street Drainage Improvement Project Carl sbad, California 9. REFERENCES June 27, 2008 Project No. 1 063 3 300 I American Concrete Institute, 199Ia, Guidelines for Concrt::te Floor and Slab Construction, (ACI 302.1 R). American Concrete Institute, 1991 b, Guidelines for Residential Cast-in-Place Concrete Construc- tion, (ACI 332R). American Concrete Institute, 2005, Building Code Requirements for Structural Concrete (ACI 318-05) and Commentary (ACI 318R-05). California Building Standards Commission (CBSC), 2007, California Building Code (CBC), Ti- tle 24, Part 2, Volumes 1 and 2. California Department of Transportation (Caltrans), 2003, Co,rrosion Guidelines (Version 1.0), Divi- sion of Engineering and Testing Services, Corrosion Te:chnology Branch: dated September. County of San Diego, 1960, Topographic Survey, Sheet 334-1689, Scale 1'' = 200'. County of San Diego. 1975, Topographic Survey (Orthotopographic), Sheet 334-1689, Scale I"= 200'. International Code Council, Inc. (I CCI), 20<X>, International Building Code (IBC). Kennedy, Michael P. and Tan, Siang S., 2005, Geologic Map of the Oceanside 30' X 60' Quadran- gle, California: Regional Geologic Map Series, Map No. 2. Norris, R M. and Webh, R W., 1990, Geology of California, Second Edition: John Wiley & Sons, Inc. Public Works Standards, Inc., 2006, Greenbook, Standard Specifications for Public Works Con- struction. Rick Engineering, tmdated, 90% Construction Plans for Romeria Street Channel Improvement, Pro- ject No. 66041 , Sheets 1 through 5 of 5. United States Department of the Interior, Bureau of Reclamation, 1998, Engineering Geology Field ManuaL United States Geological Survey, 1968 (photo-revised 1983), Rancho Santa Fe Quadrangle, Cali- fornia, San Diego County, 7.5-Minute Series (Topographic): Scale 1:24,000. Source Date Flight Numbers Scale USDA I 4-11-53 l I 17 and 18 l I :20,000 IOI>}ll001 R doc IJ .... -·---r- ... \ ~ 34 I ,..:,.~. ~ 1\ -+1 I ------ 1 ?~ = · .. ~ ~ ~ ...... I . t; ~ i .. ~ ~ 15 ~t g ; ft J ....,, •' ~·· :! i _3_:::...:.:..:._ • !..t ... - Ra'ERENCE; zoo:llliOMAS GUIDE FOR SAN DIEGO COUNTY. STREEl WOE AND DIRECTORY. 0 2400 4800 APPROXIMATE SCALE IN FEET lfOTE.AU DIICNSJOHS.OIRCCTIONSAHD LOCAJIONSAALN>PfiOX"""lE ~~u.~~D~~~~Ud;~ .. ~··~~~~~,·~~~~~a~--------------------------~----------------------------·--------------------------------------~----------~ l(ln9B&If.Oore SITE LOCATION MAP FIGuRe ~'t---------------------~--------------------~-----------------------------------------------------------~ PROJECT NO. 106333001 DATE 6/08 ROMER lA STREET ORA,INAGE IMPROVEMENT PROJECT CARLSBAD. CALIFORNIA 1 3 ~ ~ ~ N !!' /' ,;_ -i .;.• :~ . ... 9 I f ~ ~ c I . : ... :. ·: -~ •'• -~ ·~·:. :·: • ~ J' .}~ -\:'1' I ~·· :' • :..~ .. • \.·· . ,. Y(J .... ~;;.:; ;~6.!t; ----·-· ~~-------·-----~ ~ I -·------ \ I "II l I'ISI'N: 'l' • .,.. 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"""'' ~ .. ,, ... ,.,. • ..,.,. .I ) ( :..ft.~. _;...---c tMC At<£~ AC•c r ~! ~' .............._ •. ·--. '~-/ ' ACCfC,S 'lOAO ~ ~,'I• ~ .. ---, 14•1\~) •»·" Alo " ~. '\ ; · · ·•· ... • r" t>.o< J'.,. ~ • ' \ I '"'"" ,., <A4<t.• .. c~ · . '-9-t•.e· ~-><'"'' reo st~no-,., 1 • "~ • '---""' • (' ,!./• • ll(llr (I).. 'fA..~'· I . . (loll IOC!• Ollt• Ht ot'AIU !lot! •}\ / W't"'"'~ -·, <L CUl , • _....._...:..,\ ..: tsl •• 806 1""'"" 11•10 ....... 6)' ....... ~· :.AI)I ~~ ~-, U: 'c'E" ··, t(!t~ IAQr • CIIC• ~··eo-ll, ""'r. ~.~I~; • ; ••IIO!ltl to '• ' ' i 101-" • ~- LEGEND ~ TP·2 APPROXIMATE LOCAT10N OF TD=16' EXPLORATORY TEST PIT TD=TOTAL DEPTH IN FEET /;(~•C).J1 •/ WAittt {) / ." .. , ..• lfOl£ AU. O!NfHSION$ OIRECTIONS AHO I.QCAr<lHSioll! .u>PI!OJClOAATE SOI.'Ia:. R~RI4 STREET ORA!NAGE C>W<NE\. RIO< E"(iO.EERf>G CO OAT EO 2JI:\OII ~& APPROXIMATE SCALE 0 50 100 FEET 1(1n9D&'ftOO~e PROJECT NO. DATE 106333001 6108 TEST PIT LOCATION MAP ROMER lA STREET DRAINAGE IMPROVEMENT PROJECT CARLSBAD, CALIFORNIA FIGURE 2 Romeria Street Drainage Improvement Project Carlsbad, California APPENDIX A TEST PIT LOG Field Procedure for the Collection of Disturbed Sample~ June 27, 2008 Project No. I 0633300 l Disturbed soil samples were obtained in the field using the following method. Bulk Samples Bulk samples of representative earth materials were obtained from the exploratory test pit. The samples were bagged and transported to the laboratory for testing. tllbJJ)C()t R dot 'TI G) c ~ m ~ f --== =-JV*ID•JV\UOre Explanation of Test Pit, Core, Trench and Hand Auger Log Symbols PROJECT NO. DATE SCALE: 1 inch = 1 foot = ~ w w ~ l: 1-0.. w 0 I 2 3 4 s -== = C/) w ...J 0.. ~ ~ C/) w ex: ::::> 1-~ C/) c: c:8 6 .¥ j-g :e "5 CD I..J~ ---- -[)~ 1-~ ~ 'f xx/xx I\ , CL z I (.) e:, 0 I i= . ~ c((l) EXCAVATION LOG u · en -U u. . EXPLANATION SHEET z -(/) w (I) • w=> 0 >-5 · a::: (J 0 SM EJlJ:: Bulk sample. ------r)_;~d-lln~ de~;t;s ""m~t~ria! ;h;;g;.-- ------- - -- ---- ---· ML Drive sample. Sand cone performed. Seepage Groundwater encountered during excavation No recovery with drive sampler. Groundwater encountered after excavation. Sample retained by others. Shelby tube sample. Distance pushed in mchc:sllcngth of sample recovered in inche.~ No recovery with Shelby tube sampler. SM ALWVIL'M Solid line denotes unit change. Attitude: Strike!Dtp b: Bedding c: Contact j Jotnt f: Fracture F:Fault cs: Clay Seam s· Shear bss: Basal Shde Surface ' sf: Shear Fracture sz. Shear Zone sbs: Sheared Beddin.l! Surface The total depth line is a solid line thAt is dr""'" :\I the bonom of the excavation lol!. T tJ!pot e~pi-Jon .Cit -========= ----- -= -- --------l(lnao·l(t••~• i I (f) I ~ w -DATE EXCAVATED 5114108 TEST PIT NO. TP-1 _J 1..1... a. -() z 'I ~ ~ ~ a. 0 I <( ~ -i= . GROUND ELEVATION 95':!: (MSL) LOGGED BY BTM ); TEST PIT LOG w (f) w ~ <((f) ---~ (( u· i! ::l (i5 -0 \J: u...· METHOD OF EXCAVATION 410 G .I.D Backhoe !I ROM£RlA STREET DRAINAGE IMPROVEMENT PROJECT (I) 1-z -en -·· --1-c: (f) w en · CARLSBAD. CAUFORi'liA ·fu .lt:~ 8 0 0 cn::l "5 -~ :5 LOCATION A[![!roximately I 00 feet South of La Cosra A \'Cnue I 0 "0 ~ >---I PROJECT NO. I DATE coo c: 0: 0 ' I co 0 DESCRIPTION I !l i (f) I 106333001 5/08 I I -I ' i li v CL ~QLLUVT!JM: I I Light gray, wet, soft, slightly sandy CLAY. I ! I I • j I : I o<•----I -I I I ~ r- I I I , I i l =i1 I II li -I ~-·--··· ---4 ' Seepage; caving. I i 0 ~ 0 . 0 · C> @ 5': Scattered cobbles up to approximately 6 inches in diameter. I Q 0 I ! ! . SANTIAQQ fQRMA TIO~: i I Reddish brown to light gray (mottled), moist, weakly cemented, silty. clayey ' i fine-grained SANDSTONE; micaceous: weathered. ... -·-f-8 I @ 8': Light gray. I I i I ! ! I r ---···· .. ·--. . ·--·---..... --. --· I I I r I . rl . I . I H--I . -___ .... ·r J2 I . ·----t··-- !I . l I Moderately ccm~o:nted; linely laminated. ' ·--· I .. I ... -·r· .. ··- Total Depth ::: 14 feet I ! I ; : Groundwater not encountered. I ; Backfilled on 5114/08. -~ -· -.. ----I ~J6 I I I I I : -_ _I I I I . ·-.. -·-.. -· ... -. ' I I : I : I I .. I I r-20 i -·, - ; I I I : ; . -: ' II .. ·-----"'· I I ' ' I I : I £d 24 I 11 in./4 ft. I ' =" JYinHD•Ift••re -= --·= -r--· ---~----~~ --~---,.J en w u::-DATE EXCAVATED 5/14/0& TEST PIT NO. rP-2 II ...J a... ~ (.) z j::' :E a.. 0 w < ~ -i=. GROUND ELEVATION 981 ± (MSL) LOGGED BY __ u_·G~·-1 _ I TEST PIT LOG w en UJ ~ <en I ~ a:: (.)' (i) _(.) :r: :::> u. . METHOD OF EXCAVATION 410 G J.D. Backhoe ROMER!A STREET DRAfNAGE IMPROVEMENT PROJECT Q) 1-z -en ---1-8 en w en · a... c en=> CARLSBAD, CALIFORNIA ~ ~ 5 0 UJ s :5 LOCATION Approximately I SO feet South of La Costa Avenue 0 en ·c '0 ::E >- 0 c a:: (.) PROJECT NO. DATE (1) 0 DESCRIPTION en I 106333001 5/08 -i I v CL (OI..LlNI!JM: ~ ! Light gray to dark gray (mottled), wet. soft, sandy CLAY -! ---~--·· .. I I : I I II . I ! I I I lj ' .. . ; -4 i I 0 I C) @ s· to 6': Scattered cobbles up to approximately 6 inches in dtamctcr. I 0 0 I I 0 0 ! ······-···· .. ... -·-· ·-------i I Seepage; caving. I I j \ : I -s l Dark ""v' moist· stiff. ·~ ·--! .\ l I I SA~IIAGQ EQRM8IIQ~: I I Reddish brown to light gray (mottled), moisl. weakly indurated. silly I ~ I CLAYSTONE. I 1---. -·-··--' ··--·-Ill I I I . ·--·-. --· --1r-12 I I I ! I • I I I ----··-----~--~---------------------~ I Reddish brown to light gray. moist, weakly to moderatel y cemented, clayey .. I silty fine-grained SANDSTONE; 1mcaceous. l ... -: r ·••-. ... _ ..... r\6 Total Depth = 16 feet. I Groundwater not encountered. :I- I I Backfilled on 5114/08. ' I I ,..._ ... .. -· ' . ·-r-. I I I • II I I I I ·--····· .... ··-_ ...... ·-----. I -·-·-20 li . ! ' l ., : ;i l : I ' ~· -·-·------· • ·------· -r ----r--· I I I I ').d il SCALE -1 in./4 ft !I Romeria Street Drainage Improvement Project Carlsbad, California APPENDIX 8 LABORATORY TES1ri NG Classi1ication June 27, 2008 Project No. I 0633300 I Soils were visuall y and texturally classified in accordance with the Unified Soil Classification System (USCS) in general accordance wllh ASTM D 2488. Soil classifications are indicated on the log of the exploratory test pit in Appendix A. Gradation Analysis Gradation analysis tests were performed on selected representative soil samples in general accor- dance with ASTM 0 422. The grain-size distribution curves are shown on Figures B-1 and B-2. These test results were utilized in evaluating the soil cl:assifications in accordance with the uses. Soil Corrosivitv Tc~ts Soil pH, and resistivity tests were performed on representative samples in general accordance with California Test (CT) 643. The soluble sulfate and chloride content of selected samples were evaluated in general accordance with CT 417 and CT 422, respectively. The test results are pre- sented on Figure B-3. R-Value The resistance value, orR-value, for site soils was evaluated in general accordance with Califor- nia Test (CT) 301. A sample was prepared and evaluated for exudation pressure and expansion pressure. The equilibrium R-value is reported as the Jesser or more conservative of the two calcu- lated results. The test results are shown on Figure B-4. 106lJlOOI 1\ doc I GRAVEL I !'.u-lO Flr-.Es Coarse I Fone C011rsc I Mcoi\Jm I Fine SILT Clt\Y US STANDARD SIEVE NUMBERS HYDROMETER 100 f() 0 ' 001 ()001 GRAIN SIZE IN MILLIMETERS Sample Depth Liquid Plastic Plasticity D,o DJO Deo Cu c. Passing Symbol Location (ft) Limit limit Index No. 200 (%) • TP-1 6.0-70 --------37 PERFORMED IN GENERAL ACCORDANCE WITH ASTM D 422-63 (02) PROJECT NO. 106333001 t0f3neo•scvr" • Oto.7o .... DATE 6108 GRADATION TEST RESULTS ROMERIA STREEI DRAilNI\GE IMPR0 •/!=',1HIT '"i't•.(<.;- CARLSBII\0. CALIFORNIA 00001 Equivalen uses SM FIGURe B-1 GF\JWEl SAND I FINES I SILT CLAY U.S. STANDARD SIEVE NUMBERS HYDROMETER -1-I+H-1-1-+ 1-- 1-1-·-··-~#1-1-4-+-+-·- 100 10 0.1 001 0.001 00001 GRAIN SIZE IN MILLIMETERS Sample Depth Liquid Pies lie Plasticity 030 Passing Equivelen Symbol Location (ft) Limit Limit Index D1o Doo Cv c. No. 200 uses (%) • TP-2 10.0.11.0 ------- -63 CL PERFORMED IN GENERAL ACCORDANCE WITH ASTM D 422-63 (02) PROJECT NO. DATE 106333001 6/08 GRADATION TEST RESULTS ROMERIA STREET DRAINAGE •MPROVi:MI:NT PROJE<;l CARLSBAD. CALIFORNIA fiGURE B-2 RESISTIVITY 1 SULFATE CONTENT2 SAMPLE SAMPLE DEPTH pH 1 LOCATION (FT) (Ohm-em) (ppm) (•!.) TP-1 2.0-3.0 7.7 280 1290 0.129 TP-2 7.0.8.0 7.8 330 350 0.035 1 PERFORMED IN GENERAL ACCORDANCE WITH CALIFORNIA TEST METHOtD 643 2 PERFORMED IN GENERAL ACCORDANCE WITH CALIFORNIA TEST METHOD 417 2 PERFORMED IN GENERAL ACCORDANCE WITH CALIFORNIA TEST METHOD 422 PROJECT NO. 106333001 tl)633l001 c:.cJRROSIVITV P~GE 1 •b DATE 6/08 CORROSIVITY TEST RESULTS ROMER lA STREET ORA.INAGE IMPROVEMENT PROJECT CARLSBAD, CALIFORNIA CHLORIDE CONTENT 3 (ppm) 2000 1150 FIGURE B-3 SAMPLE LOCATION TP-1 SAMPLE DEPTH (FT) 2.0-3.0 SOIL TYPE CL PERFORMED IN GENERAL ACCORDANCE WITH ASTM 0 2844·01/CT 301 R-VALUE: TEST RESULTS R.VALUE 10 I(IR90 &/(t0Ve -------4-----------------------------------------l PROJECT NO. 106333001 DArE 6/08 ROME RIA STREET OHAINAGE IMPROVEMENT PROJECT CARLSBAD. CALIFORNIA FIGURE Romeria Street Drainage Improvement Project Carlsbad, California APPENDIX C TYPICAL EARTHWORK GUIDELINES Appendix C Project No. 106333001 Romeria Street Drainage Improvement Project Carlsbad, California TABI.E OF CONTENTS Appendix C Project No. l 0633300 I Page 1. CiENERAL ................................................................................................................................ l 2. OBLIGATIONS OF PARTIES ............................................................................................... .2 3. SITE PREPARATION ............................................................................................................. 3 4. REMOVALS AND EXCAVATIONS ...................................................................................... 4 5. COMPACTED FTI.L ................................................................................................................ 5 6. OVER.SIZED l'vfATERIAL ...................................................................................................... ? 7. SLOPES .................................................................................................................................... 8 8. TRENCH BACKFILL ............................................................................................................ ll 9. DRAINAGE ........................................................................................................................... 13 I 0. SITE PROTECTION .............................................................................................................. 14 I 1. DEFINITIONS OF TERMS ................................................................................................... 16 Figures Figure A-Fill Slope Over Natural Ground or Cut Figure B-Transition and Undercut Lot Details Figure C --Canyon Subdrain Detail FigureD-Oversized Rock Placement Detail Figure E-Slope Drainage Detail Figure F -·Shear Key Detail Figure G -Drain Detail 106.1))001 TEGdoc R<v l!iO.S Romeria Street Drainage Improvement Project Carlsbad, California Appendix C Project No. 10633300 I TYPICAL EARTHWORK GUIDELINES l. GENERAL These guidelines and the standard details attached hereto are presented as general procedures for earthwork construction. They are to be utilized in conjunction with the project grading plans. These guidelines are considered a part of the geotechnical report, but are superseded by recom~ mendations in the geotechnical report in the case of conflict. Evaluations performed by the consultant during the course of grading may result in new recommendations which could super~ sede these specifications and/or the recommendations of the geotechnical report. It is the responsibility of the contractor to read and understand these guidelines as well as the geotechni- cal report and project grading plans. 1 .1. lbe contractor shall not vary from these guidelines without prior recommendations by the geotechnical consultant and the approval of the client or the client's author- ized representative. Recommendations by the geotechnical consultant and/or client shall not be considered to preclude requirements for approval by the jurisdictional agency prior to the execution of any changes. 1.2. The contractor shall perform the grading operations in accordance with these speci- fications, and shall be responsible for the quality of the finished product notwithstanding the fact that grading work will be observed and tested by the geo- technical consultant. 1.3. It is the responsibility of the grading contractor to notify the geotechnical consult- ant and the jurisdictional agencies, as needed, prior to the start of work at the site and at any time that grading resumes after interruption. Each step of the grading operations shal1 be observed and documented by the geotechnical consultant and, \.Vhere necessary, reviewed by the appropriate jurisdictional agency prior to pro- ceeding with subsequent work. I A. If, during the grading operations, geotechnical conditions are encountered which we1·e not anticipated or described in the geotechnical report, the geotechnical con- sultant shaH be notified immediately and additional recommendations, if applicable, may be provided. 1.5. An as-graded report shall be prepared by the geotechnical consultant and signed by a registered engineer and registered engineering geologist. The report documents the geotechnical consultants' observations, and field and laboratory test results, and 106.liJOOl TI:'Gdoc Re;· lliOj Romeria Street Drainage Improvement Project Carlsbad, California Appendix C Project No. 106333001 provides conclusions regarding whether or not earthwork construction was per- formed in accordance with the geotechnical recommendations and the grading plans. Recommendations for foundation design, pavement design, subgrade treat- ment, etc., may also be included in the as-graded report. 1.6. For the purpose of evaluating quantities of materials excavated during grading and/or locating the limits of excavations, a licensed land surveyor or civil engineer shall be retained. I. 7. Definitions of terms utilized in the remainder of these specifications have been provided in Section 11. 2. OBLIGATIONS OF PARTIES The parties involved in the projects earthwork activities shaH be responsible as outlined in the following sections. 2.1. The client is ultimately responsible for the aspects of the project. The client or the client's authorized representative has a responsibility Ito review the findings and recommendations of the geotechnical consultant. The cl]ent shall authorize the con- tractor and/or other consultants to perform work and/or provide services. During grading the client or the client's authorized representat.ive shall remain on site or remain reasonably accessible to the concerned parties to make the decisions that may be needed to maintain the flow of the project. 2.2. The contractor is responsible for the safety of the project and satisfactory comple- tion of grading and other associated operations, including, but not limited to, earthwork in accordance with the project plans, specifications, and jurisdictional agency requirements. During grading, the contractor or the contractor's authorized representative shall remain on site. The contractor shall further remain accessible during non-working hours times, including at night and during days off. 2.3. The geotechnical consultant shall provide observation and testing services and shall make evaluations to advise the client on geotechnical matters. The geotechnical consultant shall report findings and recommendations to the client or the client's authorized representative. 2.4. Prior to proceeding with any grading operations, the geotechnical consultant shall be notified two working days in advance to schedule the needed observation and testing services. 106333001 TE(i doc 2 Romeria Street Drainage Improvement Project Carlsbad, California Appendix C Project No. 106333001 2.4.1. Prior to any significant expansion or reduclion in the grading operation, the geotechnical consultant shall be proyjded with two working days notice to make appropriate adjustments in scheduling of on-site personnel. 2.4.2. Between pha<;es of grading operations, the geotechnical consultant shall be provided with two working days notice in advance of commencement of ad- ditional grading operations. 3. SITEPREPARATION Site preparation shall be performed in accordance with the recommendations presented in the following sections. 3.1. The client, prior to any site preparation or grading, shall arrange and attend a pre-grading meeting between the grading contractor, the design engineer, the geo- technical consultant, and representatives of appropriate governing authorities, as \veil as any other involved parties. The parties shall be given two working days no- tice. 3.2. Clearing and gmbbing shall consist of the substantial removal of vegetation, brush, grass, wood, stumps, trees, tree roots greater than 1/2-inch in diameter, and other deleterious materials from the areas to be graded. Clearing and grubbing shall ex- tend to the outside of the proposed excavation and fill areas. 3.3. Demolition in the areas to be graded shall include removal of building structures, foun- dations, reservoirs, utilities (including underground pipelines, septic tanks, leach fields, seepage pits, cisterns, etc.), and other manmade surface and subsurface improvements, and the backfilling of mining shafts, tunnels and surface depressions. Demolition of utilities shall include capping or rerouting of pipelines at the project perimeter, and abandonment of wells in accordance with the requirements of the governing authorities and the recommendations of the geotechnical consultant at the time of demolition. 3.4. The debris generated during clearing, gmbbing and/or demolition operations shall be removed from areas to be graded and disposed of off site at a legal dump site. Clearing, grubbing, and demolition operations shall be performed under the obser- vation of the geotechnical consultant. 3.5. The ground surface beneath proposed fill areas shall be stripped of loose or unsuit- able soil. These soils may be used as compacted fill provided they are generally free of organic or other deleterious materials and evaluated f(>r use by the geotech- nical consultant. The resulting surface shall be evaluated by the geotechnical consultant prior to proceeding. The cleared, natural ground surface shall be scari- IMH;Ot)! THi do< 3 Romeria Street Drainage Improvement Project Carlsbad, California Appendix C Project No. 106333001 fied to a depth of approximately 8 inches, moisture conditioned, and compacted in accordance with the specifications presented in Section Si of these guidelines. 3.6. Where fills are to be constructed on hillsides or slopes, topsoil, slope wash, collu- vium, and other materials deemed unsuitable shall be removed. Where the exposed slope is steeper than 5 horizontal unjts to 1 vertical unit, or where recommended by the geotechnical consultant, the slope of the original ground on which the fill is to be placed shall be benched and a key as shown on Figure A of this document shall be provided by the contractor in accordance with the specifications presented in Section 7 of this document. The benches shall extend into the underlying bedrock or, where bedrock is not present, into suitable compacted fill as evaluated by the geotechnical consultant. 4. REMOVALS AND EXCAVATIONS Removals and excavations shall be performed as recommended in the following sections. 4.1. Removals 4.1.1. Materials which are considered unsuitable shall be excavated tmder the ob- servation of the geotechnical consultant in accordance with the recommendations contained herein. Unsuitable materials include, but may not be limited to, dry, loose, soft, wet, organic, compressible natural soils, frac- tured, weathered, soft bedrock, and undocumented or otherwise deleterious fill materials. 4.1 .2. Materials deemed by the geotechnical consultant to be unsatisfactory due to moisture conditions shall] be excavated in accordance with the recommenda- tions of the geotechnical consultant, watered or dried a'i needed, and mixed to a generally uniform moisture content in accordance with the specifications presented in Section 5 of this docwnent. 4.2. Excavations 4 .2.1. Temporary excavations no deeper than 5 feet in frrm fill or natural materials may be made with vertical side slopes. To satisfy CAL OSHA requirements, any excavation deeper than 5 feet shall be shored or laid back at a 1 :1 (hori- zontal:vertical) inclination or flatter, depending on material type, if construction workers are to enter the excavation. 4 R .. 11105 Romeria Street Drainage Improvement Project Carlsbad, California 5. COMPACTED FILL Appendix C Project No. l 0633300 i Fill shall be constructed as specified below or by other methods recommended by the geotechni- cal consultant. Unless otherwise specified, fill soils shall be compacted to 90 percent relative compaction, as evaluated in accordance with ASTM Test Method D 1557. 5.1. Prior to placement of compacted fill, the contractor shall request an evaluation of the exposed ground surface by the geotechnical consultant. Unless otherwise rec- ommended, the exposed ground surface shall then be scarified to a depth of approximately 8 inches and watered or dried, as needed. to achieve a generally uni- form moisture content at or near the optimum moisture content. The scarified materials shall then be compacted to 90 percent relative compaction. The evalua- tion of compaction by the geotechnical consultant shall not be considered to preclude any requirements for observation or approval by governing agencies. It is the contractor's responsibility to notify the geotechnicaJ consultant and the appro- priate governing agency when project areas are ready for observation, and to provide reasonable time for that review. 5.2. Excavated on-site materials which are in general compliance with the recommenda- tions of the geotechnical consultant may be utilized as compacted fill provided they are generally free of organic or other deleterious materials and do not contain rock fragments greater than 6 inches in dimension. During grading, the contractor may encmmter soil types other than those analyzed during the preliminary geotechnical study. The geotechnical consultant shall be consulted to evaluate the suitability of any such soils for use as compacted fill. 5.3. Where imported materials are to be used on site, the geotechnical consultant shall be notified three working days in advance of importation in order that it may sam- ple and test the materials from the proposed borrow sites. No imported materials shaH be delivered for use on site without prior sampling, testing, and evaluation by the geotechnical consultant. 5.4. Soils imported for on-site use shall preferably have very low to low expansion po- tential (based on UBC Standard 18-2 test procedures). Lots on which expansive soils may be exposed at grade shall be undercut 3 feet or more and capped with very low to low expansion potential fill. Details ofthe undercutting are provided in the Transition and Undercut Lot Details, Figure B of these guidelines. In the event expansive soils are present near the ground surface, special design and construction considerations shall be utilized in general accordance with the recommendations of the geotechnical consultant. 5.5. Fill materials shall be moisture conditioned to near optimum moisture content prior to placement. The optimum moisture content will vary with material type and other 5 R~~:""· IZ/05 Romeria Street Drainage Improvement Project Carlsbad, California Appendix C Project No. 106333001 ·----------··-- factors. Moisture conditioning of fill soils shall be generally uniform in the soil mass. 5 .6. Prior to placement of additional compacted fill material following a delay in the grading operations, the exposed surface of previously compacted fill shall be pre- . pared to receive fill. Preparation may include scarification, moisture conditioning, and recompaction. 5. 7. Compacted fiH shall be placed in horizontal lifts of approximately 8 inches in loose thickness. Prior to compaction, each lift shall be watered or dried as needed to achieve near optimum moisture condition, mixed, and then compacted by mechani- cal methods, using sheepsfoot rollers, multiple-wheel pneumatic-tired rollers, or other appropriate compacting rollers, to the specified relative compaction. Succes- sive lifts shall be treated in a like manner until the desired finished grades are achieved. 5.8. FilJ shall be tested in the field by the geotechnical consu!ltant for evaluation of gen- eral compliance with the recommended relative compaction and moisture conditions. Field density testing shall conform to ASTM D l556-00 (Sand Cone method), D 2937-00 (Drive-Cylinder method), and/or D 2922-96 and D 3017-96 (Nuclear Gauge method). Generally, one test shall be provided for approximately every 2 vertical feet of fill placed, or for approximately every 1,000 cubic yards of fill placed. In addition, on slope faces one or more tests shaH be taken for approxi- mately every I 0,000 square feet of slope face and/or approximately every 10 vertical feet of slope height. Actual test intervals may vary as field conditions dic- tate. Fill found to be out of conformance with the grading recommendations shall be removed, moisture conditioned, and compacted or otherwise handled to accom- plish general compliance with the grading recommendations. 5.9. The contractor shall assist the geotechnical consultant by excavating suitable test pits for removal evaluation and/or for testing of compacte:d filL 5.10. At the request of the geotechnical consultant, the contractor shall "shut down" or restrict grading equipment from operating in the area being tested to provide ade- quate testing time and safety for the field technician. 5.1 L The geotechnical consultant shall maintain a map with thte approximate locations of field density tests. Unless the client provides for surveying of the test locations, the locations shown by the geotechnical consultant will be estimated. The geotechnical consultant shall not be held responsible for the accuracy of the horizontal or verti- cal location or elevations. 5.12. Grading operations shall be performed under the observation of the geotechnical consultant. Testing and evaluation by the geotechnical consultant does not preclude the need for approval by or other requirements of the jurisdictional agencies. 106333001 TEGdo< 6 Romeria Street Drainage Improvement Project Carlsbad, Califomia --··-·--------·---------- Appendix C ProjectNo. 106333001 5.13. FiB materials shall not be placed, spread or compacted during unfavorable weather conditions. When work is interrupted by heavy rains, the filling operation shall not be resumed until tests indicate that moisture content and density of the fill meet the project specifications. Regrading of the near-surface soil may be needed to achieve the specified moisture content and density. 5.14. Upon completion of grading and termination of observation by the geotechnical consultant, no further filling or excavating, including that planned for footings, foundations, retaining walls or other features, shall be performed without the in- volvement of the geotechnical consultant. 5.15. Fill placed in areas not previously viewed and evaluated by the geotechnical con- sultant may have to be removed and recompacted at the contractor's expense. The depth and extent of removal of the unobserved and undocumented fill will be de- cided based upon review of the field conditions by the geotechnical consultant. 5.16. Off-site fill shall be treated in the same manner as recommended in these specifica- tions tor on-site fills. Off-site fill subdrains temporarily terminated (up gradient) shall be surveyed for future locating and connection. 5.17. Prior to placement of a canyon fill, a subdrain shall be installed in bedrock or com- pacted fill along the approximate alignment of the canyon bottom if recommended by the geotechnical consultant. Details of subdrain placement and configuration have been provided in the Canyon Subdrain Detail, Figure C, of these guidelines. 5.18. Transition (cut/fill) lots shall generally be undercut 3 feet or more below finished grade to provide a generally uniform thickness of fill soil in the pad area. Where the depth of fill on a transition lot greatly exceeds 3 feet, overexcavation may be in- creased at the discretion of the geotechnical consultant. Details of the undercut for transition lots are provided in the Transition and Undercut Lot Detail, Figure B, of these guidelines. 6. OVERSIZED MATERIAL Oversized material shall be placed in accordance with the following recommendations. 6.1. During the course of grading operations, rocks or similar irreducible materials greater than 6 inches in dimension (oversized material) may be generated. These materials shall not be placed within the compacted fill unless placed in general ac- cordance with the recommendations of the geotechnical consultant. 6.2. Where oversized rock (greater than 6 inches in dimension) or similar irreducible material is generated during grading, it is recommended, where practical, to waste such material off site, or on site in areas designated as "nonstructural rock disposal 2Q633300 i TEG d{~t;: 7 Ro:v 12!0) Romeria Street Drainage Improvement Project Carlsbad, California Appendix C Project No. I 0633300 I areas." Rock designated for disposal areas shall be place:d with sufficient sandy soil to generally fi]) voids. The disposal area shall be capped with a 5-foot thickness of fill which is generally free of oversized material. 6.3. Rocks 6 inches in dimension and smaller may be utilized within the compacted fill, provided they are placed in such a manner that nesting of rock is not permitted. Fill shall be placed and compacted over and around the rock. The amount of rock greater than 3/4-inch in dimension shaH generally not exceed 40 percent of the total dry weight of the fill mass, unless the fill is specially designed and constructed as a "rock fill." 6.4. Rocks or similar irreducible materials greater than 6 inches but less than 4 feet in dimension generated during grading may be placed in windrows and capped with finer materials in accordance with the recommendations of the geotechnical con- sultant, the approval of the governing agencies, and the Oversized Rock Placement Detail, FigureD, of these guidelines. Selected native or imported granular soil (Sand Equivalent of 30 or higher) shall be placed and flooded over and around the windrowed rock such that voids are filled. Windrows of oversized materials shaH be staggered so that successive windrows of oversized materials are not in the same vertical plane. Rocks greater than 4 feet in dimension shall be broken down to 4 feet or smaller before placement, or they shall be disposed of off site. 7. SI~OPES The following sections provide recommendations for cut and fill slopes. 7.1. Cut Slopes 1 06JJ300l 'rEG doc 7.1.1. Unless otherwise recommended by the geotechnical consultant and accepted by the building official, permanent cut slopes shall not be steeper than 2:1 (horizontal:vertical). The recommended height of a cut slope shall be evalu- ated by the geotechnical consultant. Slopes in excess of 30 feet high shaH be provided with terrace drains (swales) in accordance with the recommenda- tions presented in the Uniform Building Code, Section 3315 and the details provided in Figure E of these guidelines. 7.1.2. The geotechnical consultant shall observe cut slopes during excavation. The geotechnical consultant shaH be notified by the contractor prior to beginning slope excavations. 7.1 .3. lf excavations for cut slopes expose loose, cohe:sionless, significantly frac- tured, or otherwise unsuitable materials, overexcavation of the unsuitable material and replacement with a compacted stabilization fill shall be evalu- ated and may be recommended by the geotechnical consultant. Unless 8 Rn IZ/05 Romeria Street Drainage Improvement Project Carlsbad, California Appendix C Project No. 106333001 otherwise specified by the gt.'Otechnical consultant, stabilization fill construc- tion shall be in general accordance with the details provided on Figure F of these guidelines. 7.1.4. If, during the course of grading, adverse or potentially adverse geotechnical conditions are encountered in the slope which were not anticipated in the pre- liminary evaluation report, the geotechnical consultant shall evaluate the conditions and provide appropriate recommendations. 7 .2. Fill Slopes 106JlHlOI TEG dO< 7.2.1. When placing fill on slopes steeper than 5:1 (horizontal:vertical); topsoil, slope wash, colluvium, and other materials deemed unsuitable shall be re- moved. Near-horizontal keys and near-vertical benches shall be excavated into sound bedrock or firm fill material. in accordance with the recommenda- tion of the geotechnical consultant. Keying and benching shall be accomplished in general accordance with the details provided on Figure A of these guidelines. Compacted fill shall not be placed in an area subsequent to keying and benching until the area has been observed by the geotechnical consultant. Where the natural gradient of a slope is less than 5: I, benching is generally not recommended. However, fill shall not be placed on compressi- ble or otherwise unsuitable materials left on the slope face. 7.2.2. Within a single fill area where grading procedures dictate two or more sepa- rate fills, temporary slopes (false slopes) may be created. When placing fill adjacent to a temporary slope, benching shall be conducted in the manner de- scribed in Section 7.2.1. A 3-foot or higher near-vertical bench shall be excavated into the documented fill prior to placement of additional fill. 7.23. Unless otherwise recommended by the geotechnical consultant and by the building official, permanent fi!J slopes shall not be steeper than 2: l (horizon- tal:vertical). The height of a fill slope shall be evaluated by the geotechnical consultant. Slopes in excess of 30 feet high shall be provided with terrace drains (swaJes) and backdrains in accordance with the recommendations pre- sented in the Uniform Bui1ding Code, Section 3315 and the details provided in Figure E ofthese guidelines. 7.2.4. Unless specifically recommended otherwise, compacted fill slopes shall be overbuilt and cut back to grade, exposing firm compacted fill. The actual amount of overbuilding may vary as field conditions dictate. If the desired re- sults are not achieved, the existing slopes shaH be overexcavated and reconstructed in accordance with the recommendations of the geotechnical consultant. The degree of overbuilding may be increased until the desired compacted slope face condition is achieved. Care shall be taken by the con- 9 Rev 1;!,'1!~ Romeria Street Drainage Improvement Project Carlsbad, California Appendix C Project No. 106333001 tractor to provide mechanical compaction as close to the outer edge of the overbuilt slope surface as practical. 7.2.5. If access restrictions, property line location, or other constraints limit over- building and cutting back of the slope face, an alternative method for com ]paction of the slope face may be attempted by conventional construction procedures including backrolling at intervals of 4 feet or less in vertical slope height, or as dictated by the capability of the available equipment, whichever is less. Fill slopes shall be backrolled utilizing a conventional sheeps foot-type roller. Care shall be taken to maintain the specified moisture condi- tions and/or reestablish the same, as needed, prior to backrolling .. 7.2.6. 'The placement, moisture conditioning and compaction of fill slope materials shall be done in accordance with the recommendations presented in Sec- tion 5. ofthese guidelines. 7.2.7. The contractor shall be ultimately responsible for placing and compacting the soil out to the slope face to obtain a relative compaction of 90 percent as evaluated by ASTM D 1557 and a moisture content in accordance with Sec~ tion 5. The geotechnical consultant shaJI perform field moisture and density tests at intervals of one test for approximately every 10,000 square feet of slope face and/or approximately every 10 feet ofvertical height of slope. 7.2.8. Backdrains shall be provided in fill slopes in accordance with the details pre~ sented on Figure A of these guidelines, or as recommended by the geotechnical consultant. 7.3. Top-of-Slope Drainage 7.3.1. For pad areas above slopes, positive drainage sh<dl be established away from the top of slope. This may be accomplished utilizing a benn and pad gradient of 2 percent or steeper at the top-of-slope areas. Site runoff shall not be per- mitted to flow over the tops of slopes. 7.3.2. Gunite-lined brow ditches shall be placed at the top of cut slopes to redirect surface runoff away from the slope face where drainage devices are not oth- erwise provided. 7.4. Slope Maintenance IOI>'H3(1(11 TEG.doc 7.4.1. In order to enhance surficial slope stability, slope planting shall be accom- plished at the completion of grading. Slope plants shall consist of deep- rooting, variable root depth, drought-tolerant vegetation. Native vegetation is generally desirable. Plants native to semiarid and arid areas may also be ap- propriate. Large-leafed ice plant should not be used on slopes. A landscape JO Rev J:lf05 Romeria Street Drainage Improvement Project Carlsbad, California Appendix C Project No. 106333001 architect shall be consulted regarding the actual types of plants and planting configuration to be used. 7.4.2. Irrigation pipes shall be anchored to slope faces and not placed in trenches excavated into slope faces. Slope inigation shaH be maintained at a level just sufficient to support plant growth. Property owners shall be made aware that over watering of slopes is detrimental to slope stability. Slopes shall be moni- tored regularly and broken sprinkler heads and/or pipes shall be repaired immediately. 7.4.3. Periodic observation of landscaped slope areas shall be planned and appropri- ate measure..<> taken to enhance growth of landscape plants. 7.4.4. Graded swales at the top of slopes and terrace drains shall be installed and the property owners notified that the drains shall be periodically checked so that they may be kept clear. Damage to drainage improvements shall be repaired immediately. To reduce siltation, terrace drains shall be constructed at a gra- dient of 3 percent or steeper, in accordance with the recommendations of the pr~ject civil engineer. 7.4.5. If slope failures occm, the geotechnical consultant shall he contacted immedi- ately for field review of site conditions and development of recommendations for evaluation and repair. 8. TRENCH BACKFILL The following sections provide recommendations for backfilling of trenches. 8.1. Trench backfill shall consist of granular soils (bedding) extending from the trench bottom to I or more feet above the pipe. On-site or imported fill which has been evaluated by the geotechnical consultant may be used above the granular backfilL The cover soils directly in contact with the pipe shall be classified as having a very low expansion potential, in accordance with UBC Standard 18-2, and shall contain no rocks or chunks of hard soil larger than 3/4-inch in diameter. 8.2. Trench backfill shall, unless otherwise recommended, be compacted by mechanical means to 90 percent relative compaction as evaluated in accordance with ASTM D 1 557. Backfill soils shaB be placed in loose lifts 8-inches thick or thinner, mois- ture conditioned, and compacted in accordance with the recommendations of Section 5. of these guidelines. The backfiH shall be tested by the geotechnical con- sultant at vertical intervals of approximately 2 feet of backfill placed and at spacings along the trench of approximate1y I 00 feet in the same lift lf.-633300~ TE(i d~ II Romeria Street Drainage Improvement Project Carlsbad, California Appendix C Project No. 106333001 8.3. Jetting of trench backfill materials is generally not a recommended method of dcn- sification, unless the on-site soils are sufficiently free-drajning and provisions have been made for adequate dissipation of the water utilized i[n the jetting process. 8.4. Jfit is decided that jetting may be utilized, granular material with a sand equivalent greater than 30 shall be used for backfilling in the areas to be jetted. Jetting shall generaHy be considered for trenches 2 feet or narrower in width and 4 feet or shal- lower in depth. Following jetting operations, trench backfill shall be mechanically compacted to the specified compaction to finish grade. 8.5. Trench backfill which underlies the zone of influence of foundations shall be me- chanically compacted to 90 percent relative compaction, as evaluated in accordance with ASTM D 1557. The zone of influence of the foundations is generally defined as the roughly triangular area within the limits of a 1:1 projection from the inner and outer edges of the foundation, projected down and out from both edges. 8.6. Trench backfill within slab areas shall be compacted by mechanical means to a relative compaction of 90 percent relative compaction, as evaluated in accordance with ASTM D 1557. For minor interior trenches, density testing may be omitted or spot testing may be performed, as deemed appropriate by the geotechnical consult- ant. 8. 7. When compacting soil in close proximity to utilities, care shall be taken by the grading contractor so that mechanical methods used to compact the soils do not damage the utilities. If the utility contractors indicate that it is undesirable to use compaction equipment in close proximity to a buried conduit, then the grading con- tractor may elect to use light mechanical compaction equipment or, with the approval of the geotechnical consultant, cover the conduit with clean granular ma- terial. These granular materials shall be jetted in place to the top of the conduit in accordance with the recommendations of Section 8.4 prior to initiating mechanical compaction procedures. Other methods of utility trench compaction may also be appropriate, upon review by the geotechnical consultant and the utility contractor, at the time of construction. 8.8. Clean granular backfill and/or bedding materials are not recommended for use in slope areas unless provisions are made for a drainage system to mitigate the poten- tial for buildup of seepage forces or piping of backfill materials. 8.9. The contractor shall exercise the specified safety precautions, in accordance with OSHA Trench Safety Regulations, while conducting trenching operations. Such precautions include shoring or laying back trench excavations at l: 1 or flatter, de- pending on material type, for trenches in excess of 5 feet in depth. The geotechnical consultant is not responsible for the safety of trench operations or stability of the trenches. 16613]001 U.:G doc 12 Reli. 1210:5 Romeria Street Drainage Improvement Pr~ject Carlsbad, California 9. DRAINAGE Appendix C Project No. 10633300 l The foJlowing sections provide recommendations pertaining to site drainage. 9.1. Canyon subdrain systems recommended by the geotechnical consultant shall be in- stalled in accordance with the Canyon Subdrain Detail, Figure C, provided in these guidelines. Canyon subdrains shall be installed to conforn1 to the approximate alignment and details shown on project plans. The actual subdrain location shall be evaluated by the geotechnical consultant in the field during grading. Materials specified in the attached Canyon Subdrain Detail shall not be changed or modified unless so recommended by the geotechnical consultant. Subdrains shall be sur- veyed by a licensed land surveyor/civil engineer for line and grade after installation. Sufficient time shall be allowed for the surveys prior to commence- ment of filling over the subdrains. 9.2. Typical backdrains for stability, side hill, and shear key fills shall be installed in accordance with the details provided on Figure A, Figure F, and Figure (j of these guidelines. 9.3. Roof~ pad, and slope drainage shall be such that it is away from slopes and stmc- tures to suitable discharge areas by nonerodible devices (e.g., gutters, downspouts, concrete swales, etc.). 9.4. Positive drainage adjacent to structures shall be established and maintained. Posi- tive drainage may be accomplished by providing drainage away from the foundations of the structure at a gradient of 2 percent or steeper for a distance of 5 feet or more outside the building perimeter, further maintained by a graded swale leading to an appropriate outlet, in accordance with the recommendations of the project civil engineer and/or landscape architect. 9.5. Surface drainage on the site shall be provided so that water is not permitted to pond. A gradient of 2 percent or steeper shall be maintained over the pad area and drainage patterns shall be established to remove water from the site to an appropri- ate outlet. 9.6. Care shall be taken by the contractor during finish grading to preserve any berms, drainage terraces, interceptor swales or other drainage devices of a pem1anent na- ture on or adjacent to the property. Drainage patterns established at the time of finish grading shall be maintained for the fife of the project. Property owners shall be made very clearly aware that altering drainage patterns may be detrimental to slope stability and foundation perfonnance. 13 Rev 12/0,\ Romeria Street Drainage Improvement Project Carlsbad, California 10. SITE PROTECTION The site shall be protected as outlined in the following sections. Appendix C Project No. 106333001 1 0.1. Protection of the site during the period of grading shaH be the responsibility of the contractor unless other provisions are made in writing and agreed upon among the concerned parties. Completion of a portion of the project shall not be considered to preclude that portion or adjacent areas from the need for site protection, until such time as the project is finished as agreed upon by the geotechnical consultant, the client, and the regulatory agency. I 0.2. The contractor is responsible for the stability of temporary excavations. Recom- mendations by the geotechnical consultant pertaining to temporary excavations are made in consideration of stability of the finished project and, therefore, shall not be considered to preclude the responsibilities of the contractor. Recommendations by the geotechnical consultant shall also not be considered to preclude more restrictive requirements by the applicable regulatory agencies. 1 0.3. Precautions shall be taken during the performance of site clearing, excavation, and grading to protect the site from flooding, ponding, or inundation by surface runoff. Temporary provisions shall be made during the rainy season so that surface runoff is away from and off the working site. Where low areas cannot be avoided, pumps shall be provided to remove water as needed during periods of rainfalL 1 0.4. During periods of rainfall, plastic sheeting shall be used as needed to reduce the po- tential for unprotected slopes to become saturated. Where needed, the contractor shall install check dams, desilting basins, riprap, sandbags or other appropriate de- vices or methods to reduce erosion and provide the recommended conditions during inclement weather. 1 0.5. During periods of rainfall, the geotechnical consultant shall be kept informed by the contractor of the nature of remedial or precautionary work being performed on site (e.g., pumping, placement of sandbags or plastic sheeting, other labor, dozing, etc.). 1 0.6. Following periods of rainfall, the contractor shall contact the geotechnical consult- ant and arrange a walk-over of the site in order to visually assess rain-related damage. The geotechnical consultant may also recomm:md excavation and testing in order to aid in the evaluation. At the request of the geotechnical consultant, the contractor shall make excavations in order to aid in evaluation of the extent of rain-related damage. 10.7. Rain-or irrigation-related damage shall be considered to include, but may not be limited to, erosion, silting, saturation, swelling, structural distress, and other ad- verse conditions noted by the geotechnical consultant. Soil adversely affected shall be classified as "Unsuitable Material'' and shall be subject to overexcavation and 10633JOOITEG doc 14 R<v 12/0S Romeria Street Drainage Improvement Project Carlsbad, California Appendix C Project No. 106333001 replacement with compacted fill or to other remedial grading as recommended by the geotechnical consultant I 0.8. Relatively level areas where saturated soils and/or erosion gullies exist to depths greater than 1 foot shall be overexcavated to competent materials as evaluated by the geotechnical consultant. Where adverse conditions extend to .less than I foot in depth, saturated and/or eroded materials may be processed in-place. Overexcavated or in-place processed materials shall be moisture conditioned and compacted in ac- cordance with the recommendations provided in Section 5. If the desired results are not achieved, the affected materials shall be overexcavated, moisture conditioned, and compacted until the specifications are met. I 0.9. Slope areas \Vhere saturated soil and/or erosion gullies exist to depths greater than 1 foot shaH be overexcavated and replaced as compacted fiJI in accordance with the applicable specifications. Where adversely affected materials exist to depths of l foot or less below proposed finished grade, remedial grading by moisture condi- tioning in-place and compaction in accordance with the appropriate speciflcations may be attempted. If the desired results are not achieved, the affected materials shall be overexcavated, moisture conditioned, and compacted until the specifica- tions are met. As conditions dictate, other slope repair procedures may also be recommended by the geotechnical consultant. I 0.1 0. During construction, the contractor shall grade the site to provide positive drainage away from structures and to keep water from ponding adjacent to structures. Water shall not be allowed to damage adjacent properties. Positive drainage shall be main- tained by the contractor until permanent drainage and erosion reducing devices are installed in accordance with project plans. 1{Jf1>BOOJ TEC doc 15 Re>< 1210~ Romeria Street Drainage Improvement Project Carlsbad, California Appendix C Project No. I 0633300 l 11. DEFINITIONS OF TER.l\'IS ALLUVIUM: AS-GRADED (AS-BUILT): BACK CUT: BACKDRAIN: BEDROCK: BENCH: BORROW (IMPORT): BUTTRESS FILL: CIVIL ENGINEER: CLIENT: COLLUVIUM: COMPACTION: 106JJJOOl TEG.doc Unconsolidated detrital deposits deposited by flowing water; includes sediments deposited in river beds, canyons, flood plains, lakes, fans at the foot of slopes, and in estuaries. The site conditions upon completion of grading. A temporary construction slope at the rear of earth-retaining structures such as buttresses, shear keys, stabilization fills, or retaining walls. Generally a pipe-and-gravel or similar drainage system placed behind earth-retaining stmctures such as buttresses, stabilization fills, and retaining walls. Relatively undisturbed in-place rock, either at the surface or beneath surficial deposits of soil. A relatively level step and near-vertical riser excavated into sloping ground on which fill is to be placed. Any fill material hauled to the project site from off-site area'5. A fill mass, the configuration of which is designed by engi- neering calculations, to retain slopes containing adverse geologic features. A buttress is g1enerally specified by a key width and depth and by a backcut angle. A buttress normally contains a back drainage system. The Registered Civil Engineer or consulting firm responsible for preparation of the grading plans and surveying, and evaluating as-graded topographic conditions. The developer or a project-responsible authorized represen- tative. The client has the responsibility of reviewing the findings and recommendations made by the geotechnical consultant and authori?ing the contractor and/or other con- sultants to perform work and/or provide services. Generally loose deposits, usuaJiy found on the face or near the base of slopes and brought there chiefly by gravity through slow continuous dovvnhiH creep (see also Slope Wash). The densification of a fiH by mechanical means. 16 Rr...-12/0S Romeria Street Drainage Improvement Project Carlsbad, California Appendix C Project No. 106333001 CONTRACTOR: A person or company under contract or otherwise retained by the client to perform demolition, grading, and other site improvements. DEBRIS: The products of clearing, grubbing, and/or demolition, or contaminated soil material unsuitable for reuse as compacted fill, and/or any other material so designated by the geotech- nical consultant. ENGINEERED FILL: A fill which the geotechnical consultant or the consultant's representative has observed and/or tested during placement, enabling the consultant to conclude that the fill has been placed in substantial compliance with the recommendations of the geotechnical consultant and the governing agency re- quirements. ENG1NEERING GEOLOGIST: A geologist registered by the state licensing agency who ap- plies geologic knowledge and principles to the exploration and evaluation of naturally occurring rock and soil, as re- lated to the design of ci vii works. EROSION: The wearing away of the ground surtace as a result of the movement of wind, water, and/or ice. EXCAVATION: The mechanical removal of earth materials. EXISTING GRADE: 'lbe ground surface configuration prior to grading; original grade. FlLL: Any deposit of soil, rock, soil-rock blends, or other similar materials placed by man. FINISH GRADE: 'lbe as-graded ground surface elevation that conforms to the grading plan. GEOf'ABRIC: An engineering textile utilized in geotechnical applications such as subgrade stabilization and filtering. GEOTECHNICAL CONSULIANT: The geotechnical engineering and engineering geology con- sulting firm retained to provide technical services for the project. For the purpose of these specifications, observations by the geotechnical consultant include observations by the geotechnlcal engineer, engineering geologist and other per- sons employed by and responsible to the geotechnical consultant 106:\33001 TEG .doc 17 Rtv 12!05 Romeria Street Drainage Improvement Project Carlsbad, California Appendix C Project No. 106333001 GEOTECHNICAL ENGINEER: GRADING: LANDSLIDE DEPOSITS: OPTIMUM MOISTURE: RELATIVE COMPACTION: ROUGH GRADE: SJIEARKEY: SITE: SLOPE: SLOPE WASH: SLOUGH: SOIL: W6JJJOOI TEti doc A licensed civil engineer and geotechnical engineer, regis- tered by the state licensing agency, who applies scientitic methods, engineering principles, and professional experience to the acquisition, interpretation, and use of knowledge of materials of the earth's crust to the resolution of engineering problems. Geotechnical engineering encompasses many of the engineering aspects of soil mechanics, rock mechanics, geology, geophysics, hydrology, and related sciences. Any operation consisting of excavation, filling, or combina- tions thereof and associated operations. Material, often porous and of low density, produced from instability of natural or manmade slopes. The moisture content that is considered optimum to compac- tion operations. The degree of compaction (expressed as a percentage) of a material as compared to the dlry density obtained from ASTM test method D 1557. The ground surface configuration at which time the surface elevations approximately confonn to the approved plan. Similar to a subsurface buttress; however, it is generally con- structed by excavating a slot within a natural slope in order to stabilize the upper portion of the slope without encroach- ing into the lower portion of the sllope. The particular parcel of land where grading is being per- formed. An inclined ground surface, the slteepness of which is gener- ally specified as a ratio of horizontal units to vertical units. Soil and/or rock material that has been transported down a slope by gravity assisted by the action of water not confined to channels (see also Colluvium). Loose, uncompacted fill material generated during grading operations. Naturally occurring deposits of sand, silt, clay, etc., or com- binations thereof. 18 R,or.v )Z,'{)} Romeria Street Drainage Im provement Project Carlsbad, California Appendix C Project No. I 0633300 I STABILIZATION FILL: SUBDRAIN: TAILINGS : TERRACE: TOPSOIL: WINDROW: IO..ll)a()l TEGdoc A fill mass. the configuration of which is typically related to slope height and is specified by the standards of practice for enhancing the stability of locally adverse conditjons. A stabi - lization fill is normallly specified by a key width and depth and by a backcut angle. A stabilization fill may or may not have a back drainage system specified. Generally a pipe-and-gravel or similar drainage system placed beneath a fill along the alignment of buried canyons or former drainage chcumels. Non-engineered fill which accumulates on or adjacent to equipment haul roads. A relatively level bench constructed on the face of a graded slope surface for drain:age and maintenance purposes. The upper zone of soil or bedrock materials, wruch is usually dark in color, loose, and contains organic materials. A row of large rocks buried within engineered fi ll in accor- dance with guidelines s;et forth by the geotechnical consultant. 19 Rn· 12.'(1\ Romeria Street Drainage Improvement Project Carl sbad, Californ ia Appendix C Project No. 106333001 NATURAL GROUND 1---- FLL SLOPE OVER NATURAL GROUND SWAI.E AT TOP OF" SLOP£ / - BACKORAIN AND T-COHNECTION (SEE DRAIN D£TAIL rtGUR£ G) FILL -/ A..L SLOPE OVER CUT SWALE AT TOP OF" SLOPE to' TYP..-f -BEDROCK OR _) COMPETENT MATERIAL. ~ AS EVALUATED BY THE f GEOTECHNICAL CONSULT ANT BACKORAIH AND T -CONNECTION (SEE !>RAIN DETAIL, FlGURE: G) -.. ~ lttY 'M)TH OIW£NSIOH. ACliJ.\l WIOT!l SI!O\JLD 8£ Pfi()W)[O 8Y C(OllCHH~ C()HSULTANl 8AS(O ON CYAI.UATIOH Of Sll£-SI'£CIFIC G£aT£0MCAl CONOITIOH$. NOTES: CUt SLOP( SHAll. 8£ COIISTRIICT[I) PRIOR TO Pl.AC[II£1(1 or fiLL eortMc..dwt 106Jll001 TI:Gdoc SlOP£ OfWttAG( SHOULD 8£ PROYIOCD IN ACCORDANCE WlTH R£COiofM(IIDA'OONS PRI:S£HTED ON l'ICUR£ [ NOT TO SCALE: FILL SLOPE OVER NATURAL GROUND OR CUT Romeria Street Drainage improvement Project Carlsbad, California Appendix C Project No. 10633300 I TRANSITION (CUT-FILL) LOT "''""' ,,...~ --------- r T -OV[R(XCAVAl[ AHD RECOMPACT -BEDROCK OR COMPETENT MATERIAL, / ~-AS EVAlUATED BY THE ~ / GEOTECHNICAL CONSULTANT UNDERCUT LOT ):. H;:.RAL GROUHO __... ./"" r COMPACTED FILL _/ 3' l.tiH. T OV£REXCAVATE AHO RECOMPACT BEDROCK OR COMPETENT MArERIAL, / ~ AS EVALUATED BY THE ___, / GEOTECHNICAL CONSULTANT NOT(: OfWOISIOHS PROVIPCO 1!1 THE D(TAILS ABOVE ARE APPROXIIIAT£ AND IIA)( or UOOifl£0 IN TH£ 1"1£1.D BY IHt CtOTtCIOIICAI. CO}ISULTANT AS COHOmOitS OICTAt£. 10f>1HOOI TEG doc NOT TO SCAlf TRANSITION AND UNDERCUT LOT DET AJLS FlGIJR£ e Rorneria Street Drainage Improvement Project Carlsbad, California CANYON SUBORAIN N~ruRAL GROUND COMPACTED fiLL Appendix C Project No. 106333001 -- SEE riGURE A FOR OCTARS or BENCHES DETAIL OF CANYON SUBDRAIN TERMINATION O(SlCN FINISH GRADE \\. ~ """ ~JCOMPACTED FILL) SUUORAIN PIP£ • CUTOFF WALL CONSlRUCT£0 ounn PIP( DRAINS TO A SUITA9l( OUTLEl IN ACCORDANCE WITH THE OF GROUT, CONCRETE, BENTONITE, --OR OTHER stiiTA8lE IAATER!AL AS £V~LUAT£D BY 'rn£ GEOTECHNICAL CONSULTANT R(COMiolENOATIONS Of THE CML OfCINECR 106)lJ001 T£G6oc . . . . · • ..• : : • · ~ rllTER t.IATERIAL ~:::::::::=::::=::m:=:~. · ,z .. · .: ~. -~--::I, ., -~--. 1-HOH-PtRrORAT£0 PIPE 5 , :j• r 20' WIN. ·I· IOIIA. PERFClRAT£0 PiP( NOT TO SCALE CANYON SLJBDRAIN DETAIL f1Gll£ c Rorncria Street Drainage Improvement Project Carlsbad. California Appendix C Project No. 10633300 I WINDROW SECTION 3G 5.C. SOil (fLOODlD) ;1 '--I -~-L..:---..; r --_...,..- ~"'3.,J "V" 011 RCCTMIGIN« IRtNCH A J.IINIWIN ~-or J rttl DCCP M1P ~ rtcr WlllC r XCAVAlrO IIIlO COW'ACTfD riU. OR NAlUIW. GROUMO PAD SECTION OHISH GRADt ... . . ' .. 101ft a t.IAltAIAI. c:• <=> PONr k COioiNCirll Ml1 Wml IOCX niAGI.IrlftS HO c•.aT,. nWI I 11011'1 ttl IIIA&Irtrll. 1'0IIr I; Ccaii'ACWO Ol1 WnH ROCK niAQifNn llrTfrrTII I .AND .a IICtn 11'1 ...,..,rl W.T llr f'~ .. SIAGGI'IIrD WlfiiiiiiiiWS Ul' W 190' I.OHI 1M lH" ZOitt NIC -~ IT fto\II,IUIIl !tOIL. (lO V>IIO CUUI¥.AI.CIIJ) IKXSWD liT nDOOIII._ IIOCit niiiiii&IIR t.Qll ntNI t lrata Ill RWtlU !Ml " I"LACCD IW OOW~TtD fn.L tOIL. IOOJ)(l()l THo d<>< NOT TO SCAlf OVEBSIZED ROCK PLACEMENT DETAIL nCURE 0 Romeria Street Drainage Improvement Project Carlsbad, California Appendix C Project No. 106333001 t06l)l00t TEG .toe WID-SLOPE BACKORAIN (St:C DRAIN DETAIL, fiGURE C) ---- NON-PERfORATED OUTlrr PIPE I.I.AXII.IUhl VERTICAL SLOPE: H£1Ctfl, H (rCET) LESS THAN JO 60 120 GREATER THAN 120 SWALE AT TOP or SLOPE OR COI.IPETI:NT I MATERIAL AS EVALUATED 8Y THE GCOT!CHNICAL CONSULrANT 1 WHEN POSSIBLE. LOWEST BACKORAIN Sl40UlD BE PLACED IN THC: BASE OF' KEY (S££ OftllN OET AIL. fiGURE C) * TERAAC£ WIDTH AND LOCATION NtO TERRACE REQUIRED ONE: TERRACE AT lEAST 6 rEI:T WIDE .AT WIOHEICKT ONE TERRA£:( AT LEAST 12 rEn WIDE AT APPROXIWATE.I.Y t.CIDHEIGHT AND 6-fOOT WIDE TERRACES CENTERED IN REMAINING SLOPES D£SICNED BY CIVIl ENGINEER WITH APPROVAL or GOVERNING AUTHOIUTIES KOlt$: 1. ljfi>-SI.OPf tACK-S SHOUlD ll I'UCto Jll nLL SLOPES Ill COHJUNCTION wrTH [ACH Tt:RRAC{. 2. TtllaACts SIIOOI.D HAVt 11.1 LtAST A 5-PCRCENT CRAOIDIT. 11.110 -Off SHOU\.D II( DIIII:CT£0 TO 11.11-U SURflt.Cr DIANIIIt.CE COUlCll)lt. _., TtiiRACU $HOUUI II( Cl.tAHto Of DEIIIIS AIIO Y[CCTAJION 10 ALLOW UNRts1111CTtD now Of WATEll. 4. TEJIIIACts SHOV1.D It[ IC[I'T 1H ~000 fttP Alii. S. lttftA lO 1111C CIW'TtR 70 ro• ADOmOt<AL IICOUiaEWOfiS. NOT TO SCALE SLOPE DI~AINAGE DETAIL Romeria Street Drainage Improvement Project Carlsbad, California COMPACTED FILL ------- Appendix C Project No. 10633300 l --PROPOSED GRADED SURf"AC£ ,r --EXISTING GROUND SURf"AC£ -.. UNSTABLE _) f MATERIAL BENCH INCUNEO ..._ SUCHTLY INTO SlOPE ..._ (SE£ FIGURE A) PlA:. 0~ :K~£7 - BEDROCK OR r COMPETENT MATERIAL, p AS EVALUATED BY THE GEOTECHNICAL CONSULTANT B.t.CKORAIN (SEE DRAIN DETAIL, rtGUR£ G) COMPACTE'O fiLL NON-PERF ORA ltD OUTLCT PlP£ NOT£S, 1. lHC DO'l" AHO WIDtH or KCY WIU. BC I'ROV10CO BY THC GC01"£Ct1NICAI. CONSUlTANT 8AS£0 OH ANALYSIS or Sll£-SPCCTriC G(OT(CMHICAL CONDITIONS. 2. AN AOIMTIOK.\l t.IID-St.OPE BAC!(ORAIH AND I[RJIAC( DRAIN lj,AY 8[ R(Cmlt.I0«0£0 fOR SLOPES OV(II 30 rrcr HICH. SCC SLOP( ORAINACC DETAIL, rtCURC C. 3. SLOPE ORAUIAGC SHO\JlO BC PIIOVIDCO IN ACCOROAHa: WllH RCCO'I.tM£HDAliOHS PIIESCNT£0 ON f1Gtll!C [. NOT TO SCALE SHEAR KEY DETAIL AGLFIE F Romeria Street Drainage Improvement Project Carlsbad, California SUBDRAIN CONFIGURA liON ALTERNATIVE A* ALTERNATIVE 8 P(Rf"ORAT£0 PIPE IHSTALL£0 WITH PERfORATIOH OOWH (StE SCHEDULE BtLOW) * ALTERNATIVE A SU9DRAIH COHnGURATIOH YAY BE USED IH f iLLS lESS THAN 25 fEET 0(£P Appendix C Project No. I 063 3 3001 BACKDRAJN CONAGURATION T-CONH(CTJON (S££ DETAIL) nLTER ldAfERIAL (3 CUBIC rtET PER LINEAR FOOT) ... MIN. PERFORATED PIPE, 4~ WIN. SCHEDULE 40 PVC OR EOUIV.ALENT INSTAllED WnH PERfORATIONS DOWN T-CONNECTION DET J\IL PERfORATED PIPE SLOPED .Ill I" UIH. lOWARO OUTLET PIP£ ----::\ tiOH-PERfORAlED OUTUT PIPE UP TO__/ 100' ON CENTER HOIIIZONT.AllY FIL TEA MATERIAL nun MATERIAL SHAU 8[ CLASS I P[I!I.IEA8L! loiATERIAL ,[It $TAlE OF CALIFORNIA STANDARD SP£CifiCAl1011S OR APPIIOVI:O All£ltiiAT£ Gt0f".l8111C DltAIII SY$T£1.4. SI[V[ SIZ£ 1" l/-4" 3/a· No •• llo. a Ho. 30 No.30 No. 200 ~SS II CIIAOA TIOtiS 100 90-100 •o-100 25-•o ta-.l3 5-15 0-7 0-3 NOTE: AS AH AlTtRIIAnV£ THE nLTER UAT£RIAL IIAY COitSIST Of UP TO I" DWoiETEI 01'£11-GRAOCO CAAVEL WRAPPED IN AN APPROY£0 CEOFAORIC WITH 6-INCH DR WORE OVERLAP. 106llJOOI TEG clue L 10' WIN J jEACH S1Dfl END CAP PIPE SCHEDULE P(RFOAATtO AlfO NON-PERFORATED PIPt SIUU 9( SCHlDUL! -4AO Pot.YVINYL CHLORIDE (PVC) OR ACRYLOHITTIIt£ 8UTADIEII£ STYIICN£ (AIS) OR EOIJIYAU:NT, ANO WIU. HAVI: A WINIWUV CIIUSIIOIG ST11£~H 01' IDOO PSI FOR llO"rn$ 01" Fill UP TO !>0 H£T. FIDII D£EP£R rillS, PE11FORATED AND NON-PUIFORATED PIP( SHOULD 8( DESICIICD WITH ADEOUATE CllUSHIJIO STR£HCIT1t. TH£ PIP£ OUUoiETER WILL CUIERAU Y lol£0 THE fOt..lOWIHC CltfTERIA. BUT loiAY 9( loiODirtl.D IN "IHE ntlD BY THE ClOTECHNIC.\l COHSIILTANT AS COtiOfTIDHS DICTATE. TH£ l£NCTH OF RUN IS loiEASUR£0 11101.1 THE HICH£Sl EUVATION. l[NGTII Of RUN ----- > l SOO' PIP£ DIAII£T[FI •• 6" a· NOT TO SCALE DHAIN DETAL AGUE G APPENDIX H GEOTECHNICAL EVALUATION LA COSTA AVENUE SLOPE FAILURE PREPARED BY NINYO AND MOORE DATED FEBRUARY 25,2008 GEOTEcCHNICAL EVALUATION LACOSTAAVENUE SLOPE FAILURE CARLSBAD, CALIFORNIA PREPARED FOR City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 PREPARED BY Ninyo & Moore Geotechnical and Environmental Sciences Consultants 5710 Ruffin Road San Diego, California 92123 February 25, 2008 Project No. I 0627000 I 57 I 0 Ruffin Road · San Drego. C<tliforrva 92123 Phone (8Sl3/ 576-l 000 Fax t858) 576-9600 San Orcqo • INtne • Ontano · tos Angeles • O,.tkland l<ls VqJas • Car~on Ctty • Phocn:x • Denver Ms. Sherri Howard, P. E. Associate Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 Subject: Geotechnical Evaluation La Costa Avenue Slope Failure Carlsbad, California Dear Ms. Howard: February 25, 2008 Project No. l 0627000 I In accordance with your authorization, we have performed a geotechnicaJ evaluation for the slope failure on the south side of La Costa Avenue in Carlsbad, California. This report presents our geo- technical findings, conclusions, and reconunendations regarding the mitigation of the slope failure. We appreciate the opportunity to be of service on this project. Sincerely, NINYO & MOORE t24~ Andres Bernal, G. E. Senior Project Engineer ABS/FOM/JG/kh Distribution: (5) Addressee 5710 Ruffin Roaa San 011i!go. C.:~llfornra92123 Phone: (858J576-IOOO Fax 1858! 576-9600 \<In O•E'<JO !Nrne Ontano Los Angeles Oal:/and Las ve,gtlS Ci.mon City PI10f:'111X Df:'nVE'I La Costa Avenue Slope failure Carlsbad, California February 25, 2008 Project No. 106270001 TABLE OF CONTEN1rS Page I. INTRODUC'fiON .................................................................................................................... 1 2. SCOPE OF SERVICES ............................................................................................................ I 3. SITE AND PROJECT DESCRJPTJON .................................................................................... 2 4. SUBSURFACE EXPLORATION AND LABORATORY TESTI NG .................................... 2 5. GEOLOGY AND SUBSU RFACE CONDITIONS ................................................................. 2 5.1. Site Geology ................................................................................................................. 3 5.1.1. Landslide Debris ................................................................................................. 3 5.1.2. Santiago Formation ............................................................................................. ) 5.2. Rippability .................................................................................................................... ) 5.3. Groundwater ................................................................................................................. 3 6. CONCLUS IONS ...................................................................................................................... 4 7. RECOMMENDATIONS .......................................................................................................... 4 7 .I . Earthwork ..................................................................................................................... 4 7 .I. J. Site Preparation ................................................................................................... 4 7 .1.2. Treatment of Existing Landslide Debris ............................................................. 5 7.1.3. Excavation Characteristics .................................................................................. 5 7.1.4. Materials forFill ................................................................................................. 5 7 .1.5. Compacted Fill .................................................................................................... 6 7.1.6. 'Temporary Excavations ....................................................................................... ? 7.1.7. Siopes .................................................................................................................. 7 7. I .8. Drainage .............................................................................................................. 8 7.2. Pre-Construction Meeting ............................................................................................. 8 7.3. Plan Review and Construction Observation ................................................................. 9 8. LJMI'J'ATIONS ......................................................................................................................... 9 9. SELECTED REFERENCES .................................................................................................. 11 Figures Figure 1 -Site Location Map Figure 2 -Test Pit Location Map Appendices Appendix A -Test Pit Log Appendix R -Laboratory Testing Appendix C Typical Earthwork Guidelines La Costa Avenue Slope Failure Carlsbad, California 1. INTRODUCTION February 25, 2008 Project No. I 0627000 I In accordance with your request and our proposal dated November 30, 2007, we have performed a geo- technical evaluation for the repair of an approximately 50-foot-wide by 12-foot-high slope faiJure on the south side of La Costa Avenue between Gibraltar and Romeria Streets in Carlsbad, California (Figures I and 2). Our work wa<; requested as a response to an evaluation of the larger slope (of which the failure is a small portion) by another consultant (see References). This 1report presents our conclusions regarding the geotechnical conditions at the subject site and our recomme1ndations for the mitigation of the failure. 2. SCOPE OF SERVICES Ninyo & Moore's scope of services tor this project included review of pertinent background data, previous geotechnical reports, performance of a subsurfac·e evaluation, and engineering analysis with regard to the repair of the subject slope. Specifically, we performed the following tasks: • Reviewing readily available published geotechnical literature, including geologic maps, geo- technical reports, engineering plans, and aerial photographs. • Performing a field reconnaissance to observe site conditions and to mark the location of our subsurface exploration. • Contacting Underground Service Alert (USA) to clear the proposed subsurface exploration location for conflicts with buried utilities. • Obtaining City of Carlsbad Right-of-Way permits. • Coordinating with City of Carlsbad inspectors. • Performing subsurface exploration consisting of the digging, logging and sampling of an exploratory test pit. Bulk soil samples were obtained at selected intervals from the test pit. Addi- tional soil samples were obtained by hand from areas of the slope adjoining the slope failure area. • Performing geotechnical laboratory testing on selected samples. • Compiling and analyzing the data obtained. • Preparing this report presenting our geotechnical findings, conclusions, and recommenda- tions regarding the geotechnical design and construction of the su~ject slope failure. Evaluating the global stability of the overall slope was beyond the scope of this report. llli-170Cltll R doc La Costa Avenue Slope Failure Carlsbad, California 3. SITE AND PROJECT DESCRIPTION February 25, 2008 Project No. 1 0627000 I As noted, the proposed project involves the repair of a slope failure which occurred on the south side of La Costa Avenue in Carlsbad, California. This area of Carlsbad is predominantly residential. The failed area is located approximately 750 feet west of Romeria Street at the base of a north- facing cut slope. The slope failure is approximately 50 feet wide at the toe of the slope and extends approximately 12 feet up-slope. Tbe elevation of the project site varies from approximately 142 feet above mean sea level (MSL) at the toe of the failure to apjproximately 154 feet above MSL at the top of the head scarp. As discussed, the slope Jailure is wit:hin a larger cut slope extending up ap- proximately 30 feet at the slope failure location. Above the cut slope, a natural slope extends an additional SO feet to the rear of homes above. The slopes rure heavily vegetated with a moderate to dense growth of weeds and brush. 4. SUBSURFACE EXPLORATION AND LABORATORY TESTING Our subsurface exploration was conducted on January 16, 2008 and consisted of excavating a sin- gle exploratory test pit (TP-1) using a John Deere 310 backhoe. Bulk soil samples, designated S-1 through S-3, were obtained at selected intervals from the test pit. Additional soil samples, desig- nated S-4 through S-6, were obtained from hand excavated borings in the area around the slope failure. The approximate locations of the test pit and hand sa1mpling are shown on Figure 2. The test pit log is presented in Appendix A. Laboratory testing of representative soil samples included moisture content, in-situ moisture con- tent, grain size analysis, percent passing the No. 200 sieve, and Atterberg limits. The results of the laboratory tests performed are presented in Appendix B. 5. GEOLOGY AND SUBSURFACE COND1TJONS Our findings regarding site geology and groundwater conditions; are provided in the follo-wing sections. I 0621!~;() I k doc 2 La Costa Avenue Slope Failure Carlsbad. California February 25, 2008 Project No. I 0627000 t 5.1. Site Geology ·me geologic lmits encountered during our subsurface evaluation included landslide debris and ma- terials of the Santiago Formation. Generalized descriptions: of the units encountered are provided in the subsequent sections. Detailed descriptions are also provided on the test pit Jog in Appendix A. 5.1.1. Landslide Debris Landslide debris was encountered in the test pit from the grouml surtace to depths of up to approximately 6 feet. The landslide debris is derived from the underlying Santiago Forma- tion. As encountered, the landslide debris generally c-onsisted of light brown, saturated, loose, clayey silt and clayey sand. 5.1.2. Santiago Formation Materials of the Santiago Formation were encount(:red in the test pit underlying the land- slide debris to the depth explored. The Santiago Formation was also encountered in our shallow sample locations around the slope failure. As encountered, the materials generally consisted of a light brown to light grayish brown, moist to wet, weakly cemented, clayey fine-to medium-grained sandstone. 5.2. Rippability Based on our site reconnaissance and subsurface exploration, the on-site landslide debris and materials of the Santiago formation are expected to be rippable with normal heavy-duty earthmoving equipment. 5.3. Groundwater GrolUldwater seepage was noted in our test pit as well as at various other locations above, and to the wt:St of the subject slope failure. This seepage was observed during our site visit in November 2007, and occurred during a dry period of approximately nine months without rainfall. Fluctuations in groundwater level may occur due to seasonal variations. irrigation, groundwater withdrawal or in- jection, and other factors. Hi6170001 k-3 La Costa Avenue Slope Failure Carl sbad, California February 25, 2008 Project No. I 0627000 I 6. CONCLUSIONS Based on our review of the referenced background data, geologic field reconnaissance, subsurface evaluation and laboratory testing, it is our opinion that the proposed slope faHure repair is feasible from a geotechnkal standpoint. Geotechnical considerations imclude the follo~ing: • The landslide debris at the site is in a saturated condition ;and unsuitable for use as fiJI in its current condition. Due to site constraints and the lack of an area tQ spread and dry the landslide debris, it is anticipated that the material will be removed from the site and replaced with imported fill. • Groundwater seepage is expected to be a constraint dUJring construction. • Backdrains for the landslide repair are recommended to mitigate groundwater seepage. 7. RECOMMENDATIONS The following recommendations arc provided for use in d(:sign and construction of the proposed landslide repair. Jf additional geotechnical recommendations are needed, please contact this office. 7.1. Earthwork In general, earthwork should be performed in accordance with the recommendations pre- sented in this report. ln addition, Typical Earthwork G1Uidelines for the project are included as Appendix C. In the event of a conflict, the recommendlations presented in the text of this re- port should supersede those in Appendix C. 1Cl6270001 R doc 7 .l.l. Site Preparation Site preparation should begin with the removal of vegetation and other deleterious de- bris from areas to be graded. Tree stumps and roots should be removed to such a depth that organic material is generally not present. Clearing and grubbing should extend to the outside of the proposed excavation and fill areas. The debris and unsuitable material generated during clearing and grubbing should be removed from areas to be graded and disposed of at a legal dumpsite away from the project area. La Costa Avenue Slope failure Carlsbad, California 7.1.2. Treatment of Existing Landslide Debri:s February 25, 2008 Project No. 1 0627000 I We recommend that Jandslide debris material be removed from the slope failure area. Due to the saturated condition of the landslide debris, we anticipate that this material will not be re- usable in its present conditi on and imported fill mate:rial wiJI be needed to rebuild the slope. Due to seepage at the site, we also recommend that a back drain be incorporated into the landslide repair plans. The back drain should consist of open graded gravel enclosed in fi lter fabric placed against the back of the remedial excavation. A 4-inch perforated pipe should be placed at the bottom of the gravel drain and tight line:d to a free outlet with a fall of2 percent or more. Alternatively, a composite drain such as Miradrain 2000 or equivalent may be used in place of the graveJ drain. The bottom and slope fatce of the remedial excavation should be evaluated by Ninyo & Moore's representative at the t:ime of construction. 7. I .3. Excavation Characteristics The results of our geotechnical evaluation indicate that the project site, as prescntJy pro- posed, is underlain by landslide debris and materials of the Santiago Formation. The on-site materials are expected to be generally rippable with normaJ heavy-duty earthmoving equip- ment. Strongly cemented material (concretions), however, may be encountered within the Santiago fonnation which would entail heavy ripping or the use of rock breakers. 7 .1.4. Materials for Fill On-site soils with an organic content of Jess than approximately 3 percent by volume (o r I percent by weight) are suitable for use as fill. The on-site landslide debris, however, is likely to be too wet to use as Jill without drying. In general , fill materials should not contain rocks or lumps over approxjmately 4 inchces, and should not have more than ap- proximately 40 percent of the particles greater than 3/. inch. Larger chunks. if generated during excavation, may be broken into acceptably sized pieces or disposed of offsite. Imported fill material, if needed for the project, sh,ould generally be granular soils with a low or very low expansion potential (i.e. Expans:ion Index, El. lower than 50). Import 5 La Costa Avenue Slope Failure Carlsbad. California February 25, 2008 Project No. l 0627000 I material should also have generally low corrosion potential. Materials for use as fill should be evaluated by Ninyo & Moore's representative prior to JiJling or importing. 7.1.5. Compacted Fill The contractor should request an evaluation of the exposed ground surface by Ninyo & Moore prior to placement of compacted fill. Unless otherwise recommended, the ex- posed ground surface should be scarified to a depth of approximately 8 inches and watered or dried, as needed, to achieve a moisture: content generally above the optimum moisture content. The scarified materials should then be compacted to a relative com- paction of 90 percent as evaluated by the American Society for "Jesting and Materials (ASTM) Test Method D 1557. The evaluation of compaction by the geotechni- cal consultant should not be considered to preclude any requirements for observation or approval by governing agencies. It is the contractor's responsibility to notify our offices and the appropriate governing agency when project areas are ready for observation, and to provide reasonable time for that review. Fill materials should be moisture conditioned to generally above the laboratory optimum moisture content prior to placement. The optimum moisture content will vary with ma- terial type and other factors. Moisture conditioning of fi ll soils should be generally consistent within the soil mass. Prior to placement of additional compacted fill ma1tcrial following a delay in the grading operations, the exposed surface of previously compacted fill should be prepared to receive fill. Preparation may include scarification, moisture conditioning, and recompaction. Compacted fill should be placed in horizontal lifts of approximately 8 inches in loose thickness. Prior to compaction, each lift should be watered or dried as needed to achieve a moisture content generally above the laboratory •Optimum, mixed, and then compacted by mechanical methods, using sheepsfoot rollers, multiple-wheel pneumatic-tired rollers or other appropriate compacting rollers, to a relative compaction of 90 percent as evalu- 6 La Costa Avenue Slope Failure Carlsbad, California February 25, 2008 Project No. I 06270001 106270Ci01 R due a ted by ASTM 01557. Successive li fts should be treated in a like manner until the de- sired finished grades are achieved. 7.1.6. Temporary Excavations Although not anticipated, we recommend that trenches and excavations be designed and constructed in accordance with Occupational Safety & Health Administration (OSHA) regu- lations. These regulations provide trench sloping and shoring design parameters for trenches up to about 20 feet deep based on the soil types encountered. Trenches over 20 feet deep should be designed by the Contractor's engineer basc;:d on site-specific geotechnical analyses. For planning purposes, we recommend that the following OSHA soil classifications be used : Fill Santiago Formation TypeC TypeB Upon making the excavations, the soil classificatio•ns and excavation performance should be checked in the field by Ninyo & Moore's repres:entative in accordance with the OSHA regulations. Temporary excavations should be constructed in accordance with OSHA recommenda- tions. For trench or other excavations, OSHA requirements regarding personnel safety should be mel by using appropriate shoring (including trench boxes) or by laying back the slopes at inclinations no steeper than 1.5: I (horizontal :vertical) in fill materials and 1: I in materials of the Santiago Formation. Temporary excavations that encounter seepage may need shoring or may be stabilized by placing sandbags or gravel along the base of the seepage zone. Excavations encountering seepage should be evaluated on a case-by-case basis. On-site safety of personnel is the responsibili1ty of the contractor. 7.1.7. Slopes We recommend that fill and cut slopes be constructed at an inclination of 2: l (horizon- tal:vertical) to match the existing slope inclination .. Compaction of the face of fill slopes should be performed by backrolling at intervals of 4 feet or less in vertical slope height or as 7 La Costa Avenue Slope Failure Carlsbad, California February 25, 2008 Project No. I 06270001 dictated by the capability of the available equipment, whichever is less. Fill slopes should be backrolled utilizing a sheepsfoot-type roJier. Care should be taken in maintaining the desired moi~1ure conditions and/or reestablishing them, as 1needed, prior to backrolling. The place- ment, moisture conditioning, and compaction of fill slope materials should be done in accordance ·with the recommendations presented in the Compacted Fill section of this report. Site runoff should not be permitted to flow over the tops of slopes. Positive drainage should be established away from the slopes. This may be accomplished by incorporating brow ditches placed at the top of the slopes to divert surface runoff away from the slope face where drainage devices are not otherwise available. The on-site soils are to be susceptible to erosion; therefore, the project plans and speci- fications should contain design features and construction requirements to mitigate erosion of on-site soils during and after construction. Slopes and other exposed ground surfaces should be appropriately planted with a protective ground cover. 7.1.8. Drainage Surface drainage on the site should generally be provided so that water is not permitted to pond. A gradient of 2 percent or steeper should be maintained and drainage patterns should be established to divert and remove water from the site to appropriate outlets. Care should be taken by the contractor during grading to preserve any benns, drainage terraces, interceptor swales or other drainage devkes on or adjacent to the project site. Drainage patterns established at the time of grading should be maintained for the life of the project. The property maintenance personnel should be made aware that altering drainage patterns might be detrimental to long temn stability of slopes. 7.2. Pre-Construction Meeting We recommend that a pre-construction meeting be held prior to the commencement of grad- ing. The owner or his representative, the agency representatives. the architect, the civil 8 La Costa Avenue Slope Fa ilure Carlsbad, California February 25, 2008 Project No. I 06270001 engineer, Ninyo & Moore, and the contractor should b.e in attendance to discuss the plans, the project, and the proposed construction schedule. 7.3. Plan Review and Construction Observation The recommendations presented in this report arc based on our tmderstanding of the project and subsurface information disclosed by one exploratory test pit. Ninyo & \·loore should check the subsurface conditions during construction. A representativ·e ofNinyo & Moore should verifY the depth and extent of removals during construction. Observation and testing of compacted fill and backfill should be performed by Ninyo & Moore. We further recommend that project plans be re- viewed by the design engineer and Ninyo & Moore before construction. It should be noted that upon review of the project plans and specifications, some recommendations presented in this re- port might be revised or modified to meet the project requiJrements. 8. L1 MIT A TIONS ll1e Jlekl evaluation, laboratory testing, and geotechnical analyses presented in this geotechnical report have been conducted in general accordance with current practice and the standard of care exercised by geotechnical consultants performing similar tasks in the project area. No warranty. expressed or im- plied, is made regarding the conclusions, recommendations, .and opinions presented in this report. There is no evaluation detailed enough to reveal every subsurface condition. Variations may exist and conditions not observed or descri bed in this report may be encountered during construction. Uncer- tainties relative to subsurface conditions can be reduced thro1Jgh additional subsurface exploration. Additional subsurface evaluation \\-ill be performed upon reque:st. Please also note that our evaluation was limited to assessment of the geotechnical aspects of the project, and did not include evaluation of structural issues, environmental concerns, or the presence of hazardous materials. This document is intended to be used only in its entirety. No portion of the document, by itself, is designed to completely represent any aspect of the projec.t described herein. Ninyo & Moore should he contacted if the reader requires additionaJ infonnation or has questions regarding the content. interpretations presented, or completeness of this document. 9 La Costa Avenue Slope Failure Carlsbad, Cali fornia February 25, 2008 Project No. 1 0627000 I This report is intended for design purposes only. It does not provide sufficient data to prepare an accurate bid by contractors. It is suggested that the bidders and their geotechnical consultant per- form an independent evaluation of the subsurface conditions in the project areas. The independent evaluations may include, but not be limited to, review of oth<~r geotechnical reports prepared for the adjacent areas, site reconnaissance, and additional exploration and laboratory testing. Our conclusions, recommendations, and opinions are ba-;ed on an analysis of the observed site con- ditions. If geotechnical conditions different from those descriibed in this report are encountered, our office should be notified, and additional recommendations, if warranted, will be provided upon re- quest. It should be tmderstood that the conditions of a site could change with time as a result of natural processes or the activities of man at the subject site or nearby sites. ln addition, changes to the applicable laws, regulations, codes, and standards of praetice may occur due to government ac- tion or the broadening of knowledge. The findings of this report may, therefore, be invalidated over time, in part or in whole, by changes over which Ninyo & Moore has no control. This report is intended exclusively for use by the client. Any use or reuse of the findings, conclu- sions, and/or recommendations of this report by parties oth•!r than the client is undertaken at said parties' sole risk. 106270001 R c1o<: 10 La Costa Ave nue Slope Failure Carlsbad, California 9. SELECTED REFERENCES February 25, 2008 Project No. 10627000 I Benton Engineering, Inc., 1970, Final Repon on Compacted Filled Ground, Lots 497 to 5 13, In- clusive, Lots 516 and 517, Lots 523 to 55 1, Inclusive, Lots 556 to 592, Inclusive, 596, 597, 601, 604, 605, and 613, Lots 622 to 658, Inclusive, and Report on Expansive Soils, La Costa South Unit No. 7, San Diego, California: dated August 10. Benton Engineering, Inc., 1974, Final Report on Compacte·d Filled Ground. La Costa Vale Unit No. I , Carlsbad, California: dated February 28. Bureau Veritas/Testing Engineers San Diego, 2007, Preliiminary Reconnaissance of Existing Slope Area, La Costa Avenue, Between Gibraltar Street and Romeria Street, Carlsbad, California: dated November 5. California Building Standards Commission (CI3SC), 2007, California Building Code (CBC), Ti- tle 24, Part 2, Volumes I and 2. County of San Diego, 1960, Topographic Survey, Sheet 334-1689, Scale I"= 200'. County of San Diego, 1975, Topographic Survey (Orthotopograp,hic ), Sheet 334-1689, Scale 1" = 200'. International Code Council, Inc. (lCCJ), 2006, International Building Code (JBC). Kennedy, Michael P. and Tan, Siang S., 2005, Geologic Map of the Oceanside 30' X 60' Quadran- gle, California: Regjonal Geologic Map Series, Map No. 2. United States Geological Survey, 1968 (photo-revised 1983), Rancho Santa Fe Quadrangle, Cali- fornia, San Diego County, 7.5-Minute Series (Topog1raphic): Scale I :24,000. Source Date USDA I 4-ll-53 1%210001 Rdo<: AERIAL PHOTOGRAF'HS Flight I AXN-8M I II Numbers 17 and 18 Scale I I :20,000 t t \.: ...... ~_!_.:;._ " ~~"' .. -~-· r ·~·--~r-~~~r----­~ 'fJII.._t"' J .. -~~ ,, I f lfll~. t135' I -, I REFERENCE: 2005 THOMAS GUIOE FOR SAN DIEGO COUNlY. STREET GUIDE AND DIRECTORY, 0 2400 4800 APPROXIMATE SCALE IN FEET (! NOTE· AU. Of.ENSIONS. OIRECTIONS AIIO lOCATIONS AI>£ APPROX-TE ~ .. U~>~p~C~~~~~~~·~R~l~0~7~~~1~~~----------------------------~-----------------------------------------------------------------------r-------------i § I(ID90 &/(t88'r8 SITE LOCATION MAP ~r---~------~------------4-----------------------------------~ PROJECT NO. 106270001 DATE 2/08 LA COSTA AVENUE SLOPE FAILURE CARLSBAD. CALIFORNIA FIGURE 1 N ~ -! ~ ~ LEGEND APPROXIMATE LOCATION OF TP-1 EXPLORATORY TEST PIT • APPROXIMATE LOCATION OF S-6,S-6A SOIL SAMPLE 0 - -APPROXIMATE LIMIT OF SLOPE FAILURE AREA APPROXIMATE SCALE 40 80 FEET ~ ' NOTE· AI.~ DUdENSIONS. D4RECTIONS ANO ~OCA'IlONS AAf API'ROXNATE. I(IRHD&/ftOO~e PROJECT NO. DATE 106270001 2108 "!' w' ~ -~ -~ REFERENCe· MICROSOft VIRTUAl EARTH_ 2<100 TEST PIT LOCATION MAP LA COSTA AVENUE SLOPE FAILURE CARLSBAD. CALIFORNIA FIGURE 2 La Costa Avenue Slope Failure Carlsbad, California AJ,PENDIXA TEST PIT LOG Field Procedure for the Collection of Disturbed Sample:~ Fe bruary 25, 2008 Project No. I 0627000 I Disturbed soil samples were obtained in the field using the fo llowing method. Bulk Samples Bulk samples of representative earth materials were obtained from the exploratory test pit. The samples were bagged and transported to the laboratory for testing. ., Q c ::u m ;::! -===-=-= -== === JVRI.vo~JY'aore Explanation of Test Pit. Core. Trench and Hand Auger Log Symbols PROJECT NO DATE SCALE: 1 inch -1 foot ""F === (J) ~ ~ a.. :E w w ct !::. (J) ~ Q) a.. c: w 0 0 ~~~ u ~· ~ I f-1 1-~ 2 3 \ 4 5 -- u:-..... u z ~ ~ 0 ~ i= ~ EXCAVATION LOG w -ten 0:: S2u :> (i) 1-z ~(/) EXPLANATION SHEET (/) w (/) . en=> 6 0 ~ >-:5 0:: u 0 SM fllJ.~ Bulk sample. ---------~----ML --D~h;dli~ de~;t;s ~~t~riai ;h;n-g;.-------------------• Drive sample. ~ Sand cone performed. Seepage '¥ Groundwater encountert:d during excavation No recovery with drive sampler l" Groundwater encountered after .:xcavation Sample retained by others. Shelby tube sample. Distance pushed tn inches/length of sample xxlxx recovered in inches I No recovery with Shelby tube sampler. SM ALL!,;VIUM Solid line denotes unit change. Attin1de: Strike/Dip b:Bedding c: Contact j: Joint f: Fracture F:Faull cs: Clay Sewn s: Shear bss: Basal Slide Surface sf: Shear Fracture sz: Shear Zone sbs: Sheared Bedding Surface The total depth line is a solid line that is drawn at the bonom of the exca,•ation lo.~t. Tn lpil ll!PI~Niion .vs = = = = --·M&are 11 ~ ~ DATE EXCAVATED Ill 6i0li TEST PIT NO. Tl'-1 -ll. -(.) z f . 1-~ ~ ll. 0 li TEST PIT LOG j lli ~ ~ ;:-~ (fj I GROUND ELEVATION 142'::: (MSL) LOGGED BY 1(1n9D& -,- BT\1 11 I ,I :I II ., G), C l LA COST A A VENUE SLOPE FAILURE CARLSBAD, CALIFORNlA I !!-~ ~ >1-' 1-:r: 8 1-z I± ;jj METHOD OF EXCAVATION John Deere 310 Backhoe ~ ~ .~ ~ ~ >-:5 LOCATION Approximately 300' east of Gibraltar Strt:ct ll. ~ c ~ ~ I ~ ::i ]"I PROJECT NO. DATE ·l 0 l6 ~ u . 106270001 2/08 _j (J) DESCRIPTION I SCARP fC+M LANDSLIDE DEPOSIT (Qis): I TOE OF SLI~/ ""'-.- / Light brown. moist to saturated. soft, clayey SILT: with snnd: with clayey I ORiGINAL fine to medium SAND. GRADE / ... y ~ ! -/--. I I ' I l I I /. Ols / / Tsa _,. -.. -121 I I I --Tsa SANTIAGO FORMATIOI': ... SLIDE -··-PLANE -I 181 I I I --LITTI I I I I 1 \'f:ig. h .. t b .. rown. , n.1oist, moderatel y ccmentl!d, clayc).'. line-to m..:dl·t·llll-grained 1 ~ANDSTONE. _ _ . _ _ . Total Depth = 14 feet. I Groundwater seepage encountered at approximntely 4 feet. Backfilled on I /16/08. I --. _l 30 I I I I I I . lr I ~ 1> II SCALE ~ ).t6 ft. II 36 1 ! I I ( I I I -( ) ll ..... La Costa Avenue Slope Failure Carlsbad, C<1l ifornia C lassification APPE NDIX B LABORAT ORY TESTING February 25, 2008 Project No. 106270001 Soils were visually and texturally classified in accordance with the Unified Soil Classification System (USCS) in general accordance wi th ASTM 0 2488. Soil classifications are indicated on the log of the exploratory test pit in Appendix A. Moisture C ontent fhe moisture content of samples obtained from the exploratory excavations was evaluated in ac- cordance with ASTM 0 2216. The test results are presented on the logs of the exploratory excavations in Appendix A In-Place Moisture and Density Tests The moisture content and dry density of bulk and relatively undisturbed samples obtained from the explora tory excavation was evaluated in general accordance with ASTM D 2937. The test results are presented on the Jog of the exploratory excavation and in Figure B-I. Gradation Analysis A gradation analysis test was performed on a selected reprc!sentati ve soil sample in general ac- cordance with ASTM D 422. The grain-size distribution curve is shown on Figure B-2. These test results were utilized in evaluating the soil classifications in accordance with the uses. 200 Wash An evaluation of the percentage of minus-200 sieve material in a selected soil sample was perfonned in general accordance with ASTM D 1140. The results of the test are presented on Figure B-3. Atterberg, Limits A test was performed on a selected representative fi ne-grained soil sample to evaluate the liquid limit, plastic limit, and plasticity index in general accordance with ASTM 0 43 I 8. These test re- sults were util ized to evaluate the soil classification in a•::cordance with the USCS. The test results and classification are shown on f-igure B-4. SAMPLE MOISTURE DRY SAMPLE DEPTH DESCRIPTION CONTENT DENSITY LOCATION (FT) (%1 (PCF) TP-l (S-2) 3.0 . 4.0 Clayey SAND 13.7 ·- S-4 0 0 -1.0 Clayey SILT 35.8 .. S-6 0 5 ·1.0 Clayey SILT 23.9 .. S-6A 1.0. 2 0 Clayey SAND 18.0 99.7 PERFORMED IN GENERAL ACCORDANCE W ITH ASTM D 2937-04 PROJECT NO. 106270001 tt82100CU fdolkn Jlh DATE 2108 IN -PLACE MOISTURE AND DENSITY TESTS LA COSTA AVENUE SLOPE FAILURE CARLSflAO, CAUFORNIA FIGURE B-1 a: w z u: 1-z w u a: w 0.. GRAVEL SAND FINES SILT CLAY U.S. STANDARD SIEVE NUMBERS HYDROMETER 3" 7 IY." ,. "14" W %" C II 16 JO 50 100 200 •:: f : ' ~ ::~: • ~ ....--r"j: ,_.; lrr-,~r:~~:--_1: ;, r~---1 -+- 11 -tH·I+I-Hl,....-1'1-;_ ~~ l 800 ! it-H-!K-H*H+-If+-t-1-+--H+H·+-t--i-[ I~ 1-I ~---·1-+l+l-+--+--+--1 700 I I I I I 11 I I _! ~~~. I I ' l . 'I f--f----1 I I ; I i I I ; I ~ I I I 1: 1 -..;~r+;-H:H :+Ht:-1-++it-i -~ I -~=j-1; :H-1-++--t---tiHi,-,r--t-i,-l~:l i I I I I I I I I I I I ( 500 --1--+-~ 1 -~ •oo I I • r I I-I r r ~ L[ -I JO 0 l+lrl+l--h-h-ilr-r! -!rH-H-I ... r . I : I' i l1 I • I : I I+,I-H-H--+-+---tth~-t-H-r' ~ I I T I I I I , I I l+l:i,-H-+-t-1-: 700 ! 100 I I I I I I r· 1'1 ,_1, I lt I II jt1 r----HH+H-1-~---H+~~'-4-4--+ ''-1-----1 0 0 j..!...IJ,LU...L...;U-J 1 l 1 : 1 1 [i 1: . LL __ ~ .L-1-J.-L-I:_Iol.lJLI-ul.-l.._J...--t.--l-U..L-l...L..Jl..-J_-l.--I-LJ..L.J....J.....II--l-_.._.-< 100 Symbol • Sample Location I' • 10 Depth (II) (Sample l .Q-2 0 1\ Liquid limit 01 GRAIN SIZE IN MILLIMETERS Plastic limit Plasticity D>a Index D30 001 D., c. c. PERFORMED IN GENERAL ACCORDANCE WITH ASTM D 422·63 (02) PROJECT NO DATE 106270001 2/08 GRADATION TEST RESULTS LA COSTA AVENUE SLOPE FAILURE CARLHBAD. CALIFORNIA 0.001 Passing No. 200 (•.4) 66 00001 uses MH FIGURE B-2 tOOl~! Sll~E TP·t. 1 HO oh ] SAMPLE PERCENT PERCENT uses SAMPLE DEPTH DESCRIPTION PASSING PASSING (TOTAL LOCATION (FT) NO.4 NO. 200 SAMPLE) TP·1 1.0-1.5 Clayey SAND 100 45 ML (Sample 5) !'- PERFORMED IN GENERAL ACCORDANCE WITH ASTM D 1140·00 I(IR9D&If\OO~e NO. 200 SIEVE ANALYSIS FIGURE PROJECT NO. DATE B-3 ) LA COSTA AVENUE SLOPE FAILURE 106270001 2/08 CARLSBAD. CALIFORNIA t06210001-700WA$HTP 10 I G--1.) do.. uses SYMBOL LOCATION DEPTH LIQUID PLASTIC PLASTICITY CLASSIFICATION uses (Fl) LIMIT. LL LIMIT, Pl INDEX, PI (Fraction Finer Than (Entire Sample) No 40 Sieve) • TP-1 (Sample 3) 0.0-1 .0 51 30 21 MH MH NP -INDICATES NON-PLASTIC 60 v v 50 v v a: CH or OH >< 40 / w v v 0 /~ ~ ~ 30 0 ~mOl ~ I= (/) ~ j 20 / v MH orOH CL / 10 / / / L • ML / ML orOL 0 v I 0 10 20 30 40 50 60 70 80 90 100 LIQUID LIMIT, l l PERFORMED IN GENERAL ACCORDANCE WITH ASrM D 4318-05 A TTERBERG LIMITS TEST RESULTS FIGURE PROJECT NO. 106270001 t0&17000t AnEHOC:.HG P11Qt'•1 ~I) DATE 2/08 LA COSTAJWENUE SlOPE FAilURE CARLSBAD, CALIFORNIA B-4 La Costa Avenue Slope Failure Carlsbad, California APPENDIXC TYPICAL EARTHWORK GUIDELINES Appendix C Project No. 10627000 l La Costa Avenue Slope Failure Carlsbad, California TABIJE OF' CONTENTS Appendix C Project No. 106270001 Page I. GENERAL ................................................................................................................................ ! 2. OBLIGATIONS OF PARTIES ............................................................................................... .2 3. SITE PREPARATION ............................................................................................................. 3 4. REMOVALS AND EXCAVATIONS .................................................................................... .4 5. COMPACTED FILL ................................................................................................................. 5 6. OVERSIZED MA]'ERIAL ...................................................................................................... ? 7. SLOPES .................................................................................................................................... 8 8. TREN(~H BACKFILL ............................................................................................................ II 9. DRAINAGE ........................................................................................................................... I3 I 0. SITE PROTECTION .............................................................................................................. 1 4 11. DEFINITIONS OF TERMS ................................................................................................... 16 Figures Figure A ·-Fill Slope Over Natural Ground or Cut Figure B -Transition and Undercut Lot Details Figure C -Canyon Subdrain Detail FigureD -Oversized Rock Placement Detail Figure E -Slope Drainage Detail Figure F -Shear Key Detail Figure G -Drain Detail H)h:!70!H) I TEG doc Rc" 1~ .. ·05 La Costa Avenue Slope Failure Carlsbad, California Appendix C Project No. I 06270001 TYPICAL EARTHWORK GUIDELINES l. GENERAL These guidelines and the standard details attached hereto are presented as general procedures for earthwork construction. They are to be utilized in conjunction with the project grading plans. These guidelines are considered a part of the geotechnical report, but are superseded by recom- mendations in the geotechnical report in the case of conflict Evaluations performed by the consultant during the course of grading may result in new recommendations which could super- sede these specifications and/or the recommendations of the geoteclmical report. It is the responsibility of the contractor to read and understand these guidelines as we11 as the geotechni- cal report and project grading plans. 1.1. The contractor shall not vary from these guidelines without prior recommendations by the geoteclmical consultant and the approval of the client or the client's author- ized representative. Recommendations by the geoteclmica] consultant and/or client shall not be considered to preclude requirements for approval by the jurisdictional agency prior to the execution of any changes. 1.2. The contractor shall perform the grading operations in accordance with these speci- fications, and shall be responsible for the quality of the finished product notwithstanding the fact that grading work will be observed and tested by the geo- technical consultant. 1.3. It is the responsibility of the grading contractor to notify the geotechnical consult- ant and the jurisdictional agencies, as needed, prior to the start of work at the site and at any time that grading resumes after interruption. Each step of the grading operations shall be observed and documented by the geotechnical consultant and, where necessary, reviewed by the appropriate jurisdictional agency prior to pro- ceeding with subsequent work. 1.4. If, during the grading operations, geotechnical conditions are encountered which were not anticipated or desc1ibed in the geotechnical report, the geotechnical con- sultant shaH be notified immediately and additiional recommendations, if applicable, may be provided. 1.5. An as-graded report shall be prepared by the geotechnical consultant and signed by a registered engineer and registered engineering geologist. The report documents the geotechnical consultants' observations, and field and laboratory test results, and La Costa Avenue Slope Failure Carlsbad, California -------·-------- Appendix C Project No. l 06270001 provides conclusions regarding whether or not earthwork construction was per- fanned in accordance with the geotechnical recommendations and the grading plans. Recommendations for foundation design, pavement design, subgradc treat- ment, etc., may also be included in the as-graded report. 1.6. For the purpose of evaluating quantities of materials excavated during grading and/or locating the limits of excavations, a licensed land surveyor or civil engineer shall be retained. 1.7. Definitions of terms utilized in the remainder of these specifications have been provided in Section ll. 2. OBLIGATIONS OF PARTIES The parties involved in the projects earthwork activities shall be responsible as outlined in the following sections. 2.1. The client is ultimately responsible for the aspects of the project. The client or the client's authorized representative has a responsibility to review the findings and recommendations of the geotechnical consultant. The client shall authorize the con- tractor and/or other consultants to perfonn work and/or provide services. During grading the client or the client's authorized representative shall remain on site or remain reasonably accessible to the concerned parties to make the decisions that may be needed to maintain the flow of the project. 2.2. The contractor is responsible for the safety of the project and satisfactory comple- tion of grading and other associated operations, including, but not limited to, earthwork in accordance with the project plans, specifications, and jurisdictional agency requirements. During grading, the contractor or the contractor's authorized representative shall remain on site. The contractor shall further remain accessible during non-working hours times, including at night and during days off. 2.3. 111e geotechnical consultant shaH provide observation and testing services and shall make evaluations to advise the client on geotechnical matters. The geot<~clmical consultant shall report findings and recommendations to the client or the client's authorized representa6ve. 2.4. Prior to proceeding with any grading operations, the geotechnical consultant shall be notified two working days in advance to schedule the needed observation and testing services. 2 La Costa Avenue Slope Failure Carlsbad, Cali fomia ------·······-----··--· Appendix C Project No. 106270001 2A.I. Prior to any significant expansion or reduction in the grading operation, the geotechnical consultant shaH be provided with two working days notice to make appropriate adjustments in scheduling of on-site persormel. 2.4.2. Between phases of grading operations, the geotechnical consultant shall be provided with two working days notice in advance of commencement of ad- ditional grading operations. 3. SITE PREPARATION Site preparation shall be performed in accordance with the recommendations presented in the following sections. 3.1. The client, prior to any site preparation or grading, shall arrange and attend a pre-grading meeting between the grading contractor, the design engineer, the geo- technical consultant, and representatives of appropriate governing authorities, as well as any other involved parties. The part]es shall be given two working days no- tice. 3.2. Clearing and grubbing shall consist of the substantial removal of vegetation, brush, grass, wood, stumps, trees, tree roots gre-dter than 1/2-inch in diameter, and other deleterious materials from the areas to be graded. Ckaring and grubbing shall ex- tend to the outside of the proposed excavation and fill areas. 3.3. Demolition in the areas to be graded shall include removal ofbuilding structures, foun- dations, reservoirs, utilities (including underground pipelines, septic tanks, leach fields, seepage pits, cisterns, etc.), and other manmade surface and subsurface improvements, and the backfilling of mining shafts, tunnels and surface depressions. Demolition of utilities shaU include capping or rerouting of pipelines at the project perimeter, and abandonment ofweUs in accordance with the requirements of the governing authorities and the recommendations ofthe geotechnical consultant at the time of demolition. 3.4. The debris generated during clearing, grubbing and/or demolition operations shall be removed from areas to be graded and disposed of off site at a legal dump site. Clearing, grubbing, and demolition operations shall be performed under the obser- vation of the geotechnical consultant. 3.5. The ground surface beneath proposed fill areas shall be stripped of loose or unsuit- able soil. These soils may be used as compacted fill provided they are generally free of organic or other deleterious materials and evaluated for use by the geotech- nical consultant. The resulting surface shall be evaluated by the geotechnical consultant prior to proceeding. The cleared, natural ground surface shall he scari- 3 Rev 12.>05 La Costa Avenue Slope Failure Carlsbad, California Appendix C Project No. 106270001 fied to a dept.h of approximately 8 inches, moisture conditioned, and compacted in accordance with the specifications presented in Section 5 of these guidelines. 3.6. Where Jills are to be constructed on hillsides or slopes, topsoil, slope wash, collu- vium, and other materials deemed unsuitable shall be removed. Where the exposed slope is steeper than 5 horizontal units to 1 vertical unit, or where recommended by the geotechnical consultant, the slope of the original ground on which the fill is to be placed shall be benched and a key as shown on Figure A of this document shall be provided by the contractor in accordance with the specifications presented in Section 7 of this document. The benches shall extend into the underlying bedrock or, where bedrock is not present, into suitable compacted fill as evaluated by the geotechnical consultant. 4. REMOV AIJS AND EXCAVATIONS Removals and excavations shall be performed as recommended in the following sections. 4.1. Removals 4.1.1. Materials which are considered unsuitable shall be excavated under the ob- servation of the geotechnical consultant in accordance with the recommendations contained herein. Unsuitable materials include, but may not be limited to, dry, loose, soft, wet, organic, compressible natural soils, frac- tured, weathered, soft bedrock, and undocumented or otherwise deleterious fill materials. 4.1.2. Materials deemed by the geotechnical consultant to be unsatisfactory due to moisture conditions shall be excavated in accordance with the recommenda- tions of the geotechnical consultant, watered or dried as needed, and mixed to a generally uniform moisture content in accordance with the specifications presented in Section 5 of this document. 4.2. Excavations 4.2.1. Temporary excavations no deeper than 5 feet in firm fill or natural materials may be made with vertical side slopes. To satisfy CAL OSHA requirements, any excavation deeper than 5 feet shall be shored or laid back at a 1:1 (hori- zontal:vertical) inclination or .flatter, depending on material type, if construction workers are to enter the excavation. 4 Re"' J2t05 La Costa Avenue Slope Failure Carlsbad, California ---------~-~---~--~~ .. -~ ·--~·---·--·---.. -~------·-------· 5. COMPACTED ~FILL Appendix C Project No. I 0627000 l ~-------------- Fill shall be constructed as specified below or by other methods recommended by the geotechni- cal consultant. Unless othcnvise specified, fill soils shall be compacted to 90 percent relative compaction, as evaluated in accordance with ASTM Test Method D 1557. 5.1. Prior to placement of compacted fi11, the contractor shall request an evaluation of the exposed ground surface by the geotechnical consultant. Unless otherwise rec- ommended, the exposed ground surface shall then be scarified to a depth of approximately 8 inches and watered or dried, as needed, to achieve a generally uni- fonn moisture content at or near the optimum moisture content. The scarified materials shall then be compacted to 90 percent relative compaction. The evalua- tion of compaction by the geotechnical consultant shall not be considered to preclude any requirements for observation or approval by governing agencies. It is the contractor's responsibility to notify the geotechnical consultant and the appro- priate governing agency when project areas are ready for observation, and to provide reasonable time for that review. 5.2. Excavated on-site materials which are in genera) compliance with the recommenda- tions ofthe geotechnical consultant maybe utilized as compacted fill provided they are generally free of organic or other deleterious materials and do not contain rock fragments greater than 6 inches in dimension. During grading, the contractor may encounter soil types other than those analyzed during the preliminary geotechnical study. The geotechnical consultant shall be consulted to evaluate the suitability of any such soils for use as compacted fill. 5.3. Where imported materials are to be used on site, the geotechnical consultant shall be notified three working days in advance of importation in order that it may sam- ple and test the materials from the proposed borrow sites. No imported materials shall be delivered for use on site without prior sampling, testing, and evaluation by the geotechnical consultant 5.4. Soils imported for on-site use shall preferably have very low to low expansion po- tential (based on UBC Standard 18-2 test procedures). Lots on which expansive soils may be exposed at grade shall be undercut 3 feet or more and capped with very low to low expansion potential fill. Details of the undercutting are provided ]n the Transition .and Undercut Lot Details, Figure B of these guidelines. In the event expansive soils are present near the ground surface, special design and construction considerations shall be utilized in general accordance with the recommendations of the geotechnical consultant 5.5. FiB materials shal1 be moisture conditioned to near optimum moisiure content prior to placement The optimum moisture content will vary w·ith material type and other 5 Rt"V 12'05 La Costa Avenue Slope Failure Carlsbad, Califomia Appendix C Project No. 10627000 I ···---------·---------· .......................... __ _ factors. Moisture conditioning of fill soils shall be generally unitotm m the soil mass. 5.6 Prior to placement of additional compacted fill material following a delay in the grading operations, the exposed surface of previously compacted fill shall be pre- pared to receive filL Preparation may include scarification, moisture conditioning, and recompaction. 5. 7. Compacted fill shall be placed in horizontal hfis of approximately 8 inches in loose thickness. Prior to compaction, each lift shall be watered or dried as needed to achieve near optimum moisture condition, mixed, and then compacted by mechani- cal methods, using sheepsfoot rollers, multiple-wheel pneumatic-tired rollers, or other appropriate compacting rollers, to the specified relative compaction. Succes- sive lifts shall be treated in a like mmmer until the desired finished grades are achieved. 5.8. Fill shall be tested in the field by the geotechnical consultant for evaluation of gen- eral compliance with the recommended relative compaction and moisture conditions. Field density testing shall conform to ASTM D 1556-00 (Sand Cone method), D 2937-00 (Drive-Cylinder method), and/or D 2922-96 and D 3017-96 (Nuclear Gauge method). Generally, one test shall be provided for approximately every 2 vertical feet of fill placed, or for approximately every I ,000 cubic yards of fill placed. In addition, on slope faces one or more tests shall be taken for approxi- mately every 10,000 square feet of slope face and/or approximately every 10 vertical feet of slope height. Actual test intervals may vary as field conditions dic- tate. Fill found to be out of conformance with the grading recommendations shall be removed, moisture conditioned, and compacted or otherwise handled to accom- plish general compliance with the grading recommendations. 5.9. The contractor shall assist the geotechnical consultant by excavating suitable test pits for removal evaluation and/or for testing of compacted fill. 5.1 0. At the request of the geotechnical consultant, the contractor shall '"shut down" or restrict grading equipment from operating in the area being tested to provide ade- quate testing time and safety for the field technician. 5.11. The geotechnical consultant shall maintain a map with the approximate locations of field density tests. Unless the client provides for surveying of the test locations, the locations shown by the geotechnical consultant will be estimated. The geotechnical consultant shall not be held responsible for the accuracy of the horizontal or verti- cal local ion or elevations. 5.12. Grading operations shall be perfom1ed under the observation of the geotechnical consultant Testing and evaluation by the geotechnical consultant does not preclude the need for approval by or other requirements of the jurisdictional agencies. 6 La Costa Avenue Slope Failure Carlsbad, Cali fomia Appendix C Project No. l 0627000 I 5.13. Fill materials shall not be placed, spread or compacted during unfavorable weather conditions. When work is intem1pted by heavy rains, the tilling operation shall not be resumed until tests indicate that moisture content and density of the fill meet the project specifications. Regrading of the near-surface soil may be needed to achieve the specified moisture content and density. 5.14. Upon completion of grading and termination of observation by the geotechnical consultant, no further filling or excavating, including that planned for footings, foundations, retaining \Valls or other features, shall be performed without the in- volvement of the geotechnical consultant. 5.15. Fill placed in areas not previously viewed and evaluated by the geotechnical con- sultant may have to be removed and recompacted at 1the contractor's expense. The depth and extent of removal of the unobserved and undocumented fill will be de- cided based upon review of the field conditions by the geotechnical consultant. 5.16. Off-site fiJI shall be treated in the same marmer as recommended in these specifica- tions for on-site fills. Off-site fill subdrains temporarily terminated (up gradient) shall be surveyed for future locating and connection. 5.17. Prior to placement of a canyon fill, a subdrain shall be installed in bedrock or com- pacted fill along the approximate aligmnent of the canyon bottom if recommended by the geotechnical consultant. Details of subdrain placement and configuration have been provided in the Canyon Subdrain Detail, Figure C, of these guidelines. 5.18. Transition (cut/fill) lots shall generally be undercut 3 feet or more below finished grade to provide a generally uniform thickness of fill soil in the pad area. Where the depth of filJ on a transition lot greatly exceeds 3 feet, overexcavation may be in- creased at the discretion of the geotechnical consultant. Details of the undercut for transition lots are provided in the Transition and Undercut Lot Detail, Figure B, of these guidelines. 6. OVERSIZED MATERIAL Oversized material shall be placed in accordance with the following recommendations. 6.1. During the course of grading operations, rocks or similar irreducible materials greater than 6 inches in dimension (oversized material) may be generated. These materials shall not be placed within the compacted fill unless placed in general ac- cordance with the recommendations of the geotechnical! consultant. 6.2. Where oversized rock (greater than 6 inches in dimension) or similar irreducible material is generated during grading, it is recommended, where practical, to waste such material ofT site, or on site in arens designated as "nonstructural rock disposal 7 La Costa Avenue Slope Failure Carlsbad. California Appendix C Project No. I 062 70001 areas." Rock designated for disposal areas shaJl be placed with sufficient sandy soil to generally fill voids. The disposal area shall be capped with a 5-foot thickness of Jill which is generally free of oversized materiaL 6.3. Rocks 6 inches in dimension and smaller may be utilized within the compacted fiiJ, provided they are placed in such a manner that nesting of rock is not permitted. Fill shall be placed and compacted over and around the rock. The amount of rock greater than 3/4-inch in dimension shall generally not exceed 40 percent of the total dry weight of the fill mass, unless the fill is specially designed and constmcted as a "rock filL" 6.4. Rocks or similar irreducible materials greater than 6 inches but less than 4 feet in dimension generated during grading may be placed in windrows and capped with finer materials in accordance with the recommendations of the geotechnical con- sultant, the approval of the governing agencies, and the Oversized Rock Placement Detail, FigureD, of these guidehncs. Selected native or imported granular soil (Sand Equivalent of 30 or higher) shaH be placed and flooded over and around the windrowed rock such that voids are filled. Windrows of oversized materials shall be staggered so that successive windrows of oversized materials are not in the same vertical plane. Rocks greater than 4 feet in dimension shall be broken down to 4 feet or smaller before placement, or they shall be disposed of off site. 7. SLOPES The following sections provide recommendations for cut and fill slopes. 7 .I. Cut Slopes 7 .1.1. Unless otherwise recommended by the geotechnical consultant and accepted by the building official, permanent cut slopes shall not be steeper than 2:1 (horizontal:vertical). The recommended height of a cut slope shall be evalu- ated by the geotechnical consultant. Slopes in excess of 30 feet high shall be provided with terrace drains (swales) in accordance with the recommenda- tions presented in the Unifonn Building Code, Section 33 L 5 and the details provided in Figure E of these guidelines. 7 .1.2. The geotechnical consultant shall observe cut slopes during excavation. The geotechnical consultant shall be notified by the contractor prior to beginning slope excavations. 7.1.3. If excavations for cut slopes expose loose, cohesionless, significantly trac-· tured, or otheiWise unsuitable materials, overexcavation of the unsuitable material and replacement with a compacted stabilization fill shall be evalu- ated and may be recommended by the geotechnical consultant. Unless 8 La Costa Avenue Slope Failure Carlsbad, California Appendix C Project No. 106270001 otherwise specified by the geotechnical consultant, stabilization fill constmc- tion shall be in general accordance with the details provided on Figure F of these guidelines. 7. I .4. If; during the course of grading, adverse or potentially adverse geotechnical conditions are encountered in the slope which were not anticipated in the pre- liminary evaluation report, the geotedmica) consultant shall evaluate the conditions and provide appropriate recommendations. 7.2. Fill Slopes 7 .2.1. When placing fill on slopes steeper than 5: 1 (horizontal:verticaJ), topsoil, slope wash, colluvium, and other materials dleemed unsuitable shall be re- moved. Near-horizontal keys and near-vertical benches shall be excavated into sound bedrock or firm fill material, in accordance with the recommenda- tion of the geotechnical consultant. Keying and benching shall be accomplished in general accordance with the dletails provided on Figure A of these guidelines. Compacted fi]) shall not be placed in an area subsequent to keying and benching until the area has been observed by the geotechnical consultant. Where the natural gradient of a slope is less than 5: 1 , benching is generally not recommended. However, fill shall not be placed on compressi- ble or otherwise unsuitable materials left on the slope face. 7.2.2. Within a single fill area where grading procedures dictate two or more sepa- rate fills, temporary slopes (false slopes) may be created. When placing fill adjacent to a temporary slope, benching shall be conducted in the manner de- scribed in Section 7.2.1. A 3-foot or higher near-vertical bench shall be excavated into the documented fill prior to plac•~ment of additional fill. 7.2.3. Unless otherwise recommended by the geotechnical consultant and by the building official, permanent fill slopes shal1 nott be steeper than 2:1 (horizon- tal:vertical). The height of a fill slope shall be evaluated by the geotechnical consultant. Slopes in excess of 30 feet high shall be provided with terrace drains (swales) and backdrains in accordance with the recommendations pre- sented in the Uniform Building Code, Section 3315 and the details provided in Figure E of these guidelines. 7.2.4. Unless specifically recommended otherwise, compacted fill slopes shall be overbuilt and cut back to grade, exposing firm compacted fiJI. The actual amount of overbuilding rna y vary as field conditions dictate. lf the desired re- sults are not achieved, the existing slopes shaH be overexcavated and reconstmcted in accordance with the recommendations of the geotechnical consultant. The degree of overbuilding may be increased until the desired compacted slope face condition is achieved. Care shall be taken by the con- 9 La Costa Avenue Slope Failure Carlsbad, Califomia Appendix C Project No. 10627000 I tractor to provide mechanical compaction as close to the outer edge of the overbuilt slope surface as practical. 7.2.5. If access restrictions, property line location, or other constraints limit over- building and cutting back of the slope face, an altemative method for compaction of the slope face may be attempted by conventional construction procedures including backmlling at intervals of 4 feet or less in ve11ical slope height, or as dictated by the capability ofthe available equipment, whichever is less. Fill slopes shall be backrolled utilizing a conventional sheeps foot-type roller. Care shaH be taken to maintain the specified moisture condi- tions and/or reestablish the same, as needed, prior to backrolling .. 7.2.6. The placement, moisture conditioning and compaction of fill slope materials shall be done in accordance with the recommendations presented in Sec- tion 5. oflhese guidelines. 7.2.7. 'l11e contractor shall be ultimately responsible for placing and compacting the soil out to the slope face to obtain a relative compaction of 90 percent as evaluated by ASTM D 1557 and a moisture content in accordance with Sec- tion 5. The geotechnical consultant shall perform field moisture and density tests at intervals of one test for approximately every 10,000 square feet of slope face and/or approximately every 10 feet of vertical height of slope. 7.2.8. Backdrains shall be provided in fill slopes in accordance with the details pre- sented on Figure A of these guidelines, or as recommended by the geotechnical consultant. 7.3. Top-of-Slope Drainage 7.3.1. For pad areas above slopes, positive drainage shall be established away from the top of slope. This may be accomplished utilizing a berm and pad gradient of 2 percent or steeper at the top-of-slope areas. Site runoff shall not be per- mitted to flow over the tops of slopes. 7.3.2. Gunite-lined brow ditches shall be placed at the top of cut slopes to redirect surface nmoff away from the slope face where drainage devices are not oth- erwise provided. 7.4. Slope Maintenance 7.4.1. In order to enhance surficial slope stability, slope planting shall be accom- plished at the completion of grading. Slope plants shall consist of deep- rooting, variable root depth, drought-tolerant vegetation. Native vegetation is generally desirable. Plants native to semiarid and arid areas may also be ap- propriate. Large-leafed ice plant should not be used on slopes. A landscape 10 La Costa Avenue Slope Failure Carlsbad, California Appendix C Project No. l 06270001 architect shall be consulted regarding the actual types of plants and planting configuration to be used. 7.4.2. Irrigation pipes shall be anchored to slope faces and not placed in trenches excavated into slope faces. Slope irrigation shall be maintained at a level just sufficient to support plant growth. Property owners shall be made aware that over watering of slopes is detrimental to slope stability. Slopes shall be moni- tored regularly and broken sprinkler heads and/or pipes shall be repaired immediately. 7.4.3. Periodic observation oflandscaped slope areas shall be planned and appropri- ate measures taken to enhance growth oflandscape plants. 7.4.4. Graded swales at the top of slopes and terrace drains shall be installed and the property owners notified that the drains shall be periodically checked so that they may be kept clear. Damage to drainage improvements shall be repa1red immediately. To reduce siltation, terrace drains shall be constructed at a gra- dient of 3 percent or steeper, in accordance with the reconunendations of the project civil engineer. 7.4.5. If slope failures occur, the geotechnical consultant shall be contacted immedi- ately for field review of site conditions and development of recommendations for evaluation and repair. 8. TRENCH BACKFU,L The following sections provide recommendations for backfilling of trenches_ 8_1. Trench backfill shall consist of granular soils (bedding) extending from the trench bottom to 1 or more feet above the pipe_ On-site or imported fill which has been evaluated by the geotechnical consultant may be used above the granular backfill. The cover soils directly in contact with the pipe shall be classified as having a very low expansion potential, in accordance with UBC Standard 18-2, and shall contain no rocks or chunks of hard soil larger than 3/4-inch in diameter_ 8.2. Trench backfill shall, unless otherwise recommended, be compacted by mechanical means to 90 percent relative compaction as evaluated in accordance with ASTM D 1 557 _ Backfill soils shall be placed in loose lifts 8-inches thick or thinner, mois- ture conditioned, and compacted in accordance with the recommendations of Section 5_ of these guidelines. The backfill sha]] be tes1ted by the geotechnical con- sultant at vertical intervals of approximately 2 feet of backfill placed and at spacings along the trench of approximately l 00 feet in the same lift. )] La Costa Avenue Slope Failure Carlsbad, California Appendix C Project No. I 0627000 I 8.3. Jetting of trench backfill materials is generally not a recommended method of dcn- sification, unless the on-site soils are sufficiently fi·ee-draining and provisions have been made for adequate dissipation of lhc \Vater utilized in the jetting process. 8.4. If it is decided that jetting may be utilized, granular material with a sand equivalent greater than 30 shall be used for backfilling in the areas to be jetted. Jetting shall generally be considered for trenches 2 feet or narrower in width and 4 feet or shal- lower in depth. FoHowing jetting operations, trench backfill shall be mechanically compacted to the specified compaction to finish grade. 8.5. Trench backfill which underlies the zone of influence of foundations shall be me- chanically compacted to 90 percent relative compaction, as evaluated in accordance with ASTM D 1557. The zone of influence of the foundations is generally defined as the roughly triangular area within the limits of a 1:1 projection from the inner and outer edges of the foundation, projected down and out from both edges. 8.6. Trench backfill within slab areas shall be compacted by mechanical means to a relative compaction of 90 percent relative compaction, as evaluated in accordance with ASTM D 1557. For minor interior trenches, density testing may be omitted or spot testing may be performed, as deemed appropriate by the geotechnical consult- ant. 8.7. When compacting soil in close proximity to utilities, care shall be taken by the grading contractor so that mechanical methods used to compact the soils do not damage the utilities. If the utility contractors indicate that it is undesirable to use compaction equipment in close proximity to a buried conduit, then the grading con- tractor may elect to use light mechanical compaction equipment or, with the approval of the geotechnical consultant, cover the conduit with clean granular ma- terial. These granular materials shall be jetted in place to the top of the conduit in accordance with the recommendations of Section 8.4 prior to initiating mechanical compaction procedures. Other methods of utility trench compaction may also be appropriate, upon review by the geotechnical consultant and the utility contractor, at the time of construction. 8.8. Clean granular backfill and/or bedding materials are not recommended for use in slope areas unless provisions are made for a drainage system to mitigate the poten- tial for buildup of seepage forces or piping of backfill materials. 8.9. The contractor shall exercise the specified safety precautions, in accordance with OSHA Trench Safety Regulations, while conducting trenching operations. Such precautions include shoring or laying back trench excavations at 1: l or flatter, de- pending on material type, for trenches in excess of 5 feet in depth. The geotechnical consultant is not responsible for the safety of trench operations or stability of the trenches. 1 f"rt270f.XH TEG 4.1'; 12 La Costa Avenue Slope Failure Carlsbad, California 9. DRAINAGE Appendix C Project No. l 06270001 The following sections provide recommendations pertaining to site drainage. 9.1. Canyon subdrain systems recommended by the geotechnical consultant shaH be in- stalled in accordance with the Canyon Subdrain Detail, Figure C, provided in these guidelines. Canyon subdrains shall be instal1ed to conform to the approximate alignment and details shown on project plans. The actual subdrain location shall be evaluated by the geotechnical consultant in the field during grading. Materials specified in the attached Canyon Subdrain Detail shall not be changed or modified unless so recommended by the geotechnical consuhant. Subdrains shall be sur- veyed by a licensed land surveyor/civil engineer for line and grade after installation. Sufficient time shall be allowed for the surveys prior to commence- ment of filling over the subdrains. 9.2. Typical backdrains for stability, side hill, and shear key fills shaJl be installed in accordance with the details provided on Figure A, Figure F, and Figure G of these guidelines. 9.3. Roof, pad, and slope drainage shall be such that it is away from slopes and struc~ tures to suitable discharge areas by nonerodible devices (e.g., gutters, downspouts, concrete swales, etc.). 9.4. Positive drainage adjacent to structures shall be established and maintained. Posi- tive drainage may be accomplished by providing drainage away from the foundations of the structure at a gradient of 2 percent or steeper for a distance of 5 feet or more outside the building perimeter, further maintained by a graded swale leading to an appropriate outlet, in accordance with the recommendations of the project civil engineer and/or landscape architect. 9.5. Surface drainage on the site shall be provided so that water is not permitted to pond. A gradient of 2 percent or steeper shall be maintained over the pad area and drainage patterns shall be established to remove water from the site to an appropri- ate outlet 9.6. Care shal1 be taken by the contractor during finish grading to preserve any berms, drainage terraces, interceptor swales or other drainage: devices of a permanent na- ture on or adjacent to the property. Drainage pattems established at the time of finish grading shall be maintained for the life of the project. Property owners shalJ be made very clearly aware that altering drainage patterns may be detrimental to slope stability and foundation perfom1ance. 1%270001 TT-!G dur: 13 La Costa Avenue Slope Failure Carlsbad, California I 0. SITE PROTECTION The site shall be protected as outlined in the following sections. Appendix C Project No. I 0627000 I l O.l. Protection of the site during the period of grading shall be the responsibility of the contractor unless other provisions are made in writing and agreed upon among the concerned parties. Completion of a portion of the project shall not be considered to preclude that portion or adjacent areas from the need for site protection, until such time as the project is finished as agreed upon by the geotechnical consultant, the client, and the regulatory agency. 1 0.2. The contractor is responsible for the stability of temporary excavations. Recom- mendations by the geotechnical consultant pertaining to temporary excavations are made in consideration of stability of the finished project and, therefore, shall not be considered to preclude the responsibilities of the contractor. Recommendations by the geotechnical consultant shall also not be considered to preclude more restrictive requirements by the applicable regulatory agencies. 1 0.3. Precautions shall be taken during the performance of site clearing, excavation, and grading to protect the site from Hooding, ponding, or inundation by surface runoff. Temporary provisions shall be made during the rainy season so that surface runoff is away from and off the working site. Where low areas cannot be avoided, pumps shall be provided to remove water as needed during periods of rainfall. 1 0.4. During periods of rainfall, plastic sheeting shall be used as needed to reduce the po- tential for unprotected slopes to become saturated. Where needed, the contractor shall install check dams, desilting basins, riprap, sandbags or other appropriate de- vices or methods to reduce erosion and provide the recommended conditions during inclement weather. 1 0.5. During periods ofrainfall, the geotechnical consultant shall be kept informed by the contractor of the nature of remedial or precautionary work being performed on site (e.g., pumping, placement of sandbags or plastic sheeting, other labor, dozing, etc.). 1 0.6. Following periods of rainfall, the contractor shall contact the geotechnical consult- ant and arrange a walk-over of the site in order to visually assess rain-related damage. The geotechnical consultant may also recommend excavation and testing in order to aid in the evaluation. At the request of the geotechnical consultant, the contractor shal1 make excavations in order to aid in evaluation of the extent of rain-related damage. 1 0.7. Rain-or irrigation-related damage shall be considered to include, but may not be limited to, erosion, silting, saturation, swelling, structural distress, and other ad- verse conditions noted by the geotechnical consultant. Soil adversely affected shall be classified as "Unsuitable Material" and shall be subject to overexcavation and 14 Rt:"· 12>'(15 La Costa Avenue Slope Failure Carlsbad, Cali fomia Appendix C Project No. !06270001 replacement with compacted fill or to other remedial grading as recommended by the geotechnical consultant. l 0.8. Relatively level areas where saturated soils and/or erosion gullies exist to depths greater than I foot shall be overexcavated to competent materials as evaluated by the geotechnical consultant. Where adverse conditions extend to less than 1 foot in depth, saturated and/or eroded materials may be processed in-place. Overexcavated or in-place processed materials shall be moisture conditioned and compacted in ac- cordan.ce with the recommendations provided in Section 5. If the desired results are not achieved, the affected materials shall be overexcavated, moisture conditioned, and compacted until the specifications are met. 10.9. Slope areas where saturated soil and/or erosion gullies exist to depths greater than l foot shall be overexcavated and replaced as compacted fill in accordance with the applicable specifications. Where adversely affected materials exist to depths of 1 foot or less below proposed finished grade, remedial grading by moisture condi- tioning in-place and compaction in accordance with the appropriate specifications may be attempted. If the desired results are not achieved, the affected materials shall be overexcavated, moisture conditioned, and compacted unti) the specifica- tions are met. As conditions dictate, other slope repair procedures may also be recommended by the geotechnical consultant. 10.1 0. During construction, the contractor shall grade the site to provide positive drainage away from structures and to keep water from ponding adjacent to structures. Water shaH not be allowed to damage adjacent properties. Positive drainage shall be main- tained by the contractor until permanent drainage and erosion reducing devices are installed in accordance with project plans. 15 Rc10 12105 La Costa Avenue Slope Failure Carlsbad, Cali fixnia 11. DEFINITIONS OF TERMS ALLUVHJM: AS-GRADED (AS-BUILT): BACK CUT: BACK DRAIN: BEDROCK: BENCH: BORROW (IMPORT): BUTTRESS FILL: CIVIL ENGINEER: CLIENT: COLLUVIUM: COMPACTION: Appendix C Project No. 10627000 l Unconsolidated detrital deposits deposited by flO\ving water; includes sediments deposited in river beds, canyons, flood plains, lakes, fans at the foot of slopes, and in estuaries. 'Il1e site conditions upon completion of grading. A temporary construction slope at the rear of earth-retaining structures such as buttresses, shear keys, stabilization fills, or retaining walls. Generally a pipe-and-gravel or similar drainage system placed behind earth-retaining structures such as buttresses, stabilization fills, and retaining walls. Relatively undisturbed in-place rock, either at the surface or beneath surficial deposits of soiL A relatively level step and near-vertical riser excavated into sloping ground on which fill is to be placed. Any fill material hauled to the project site from off-site areas. A fiH mass, the configuration of which is designed by engi- neering calculations, to retain slopes containing adverse geologic features. A buttress is generaJiy specified by a key width and depth and by a backcut angle. A buttress normally contains a back drainage system. The Registered Civil Engineer or consulting finn responsible for preparation of the grading plans and surveying, and evaluating as-graded topographic conditions. The developer or a project-responsible authorized represen- tative. The client has the responsibility of reviewing the findings and recommendations made by the geotechnical consultant and authorizing the contractor and/or other con- sultants to perform work and/or provide services_ Generally loose deposits, usually found on the f~1ce or ncar the base of slopes and brought there chiefly by gravity through slow continuous downhill creep (see also Slope Wash). The densification of a fill by mechanical means. 16 La Costa Avenue Slope Failure Carlsbad, Califi:m1ia CONTRACTOR: DEBRIS: ENGINEERED FILL: Appendix C Project No. l 06270001 A person or company under contract or othenvise retained by the client to perform demolition, grading, and other site improvements. The products of clearing, grubbing, and/or demolition, or contaminated soil material unsuitable for reuse as compacted fill, and/or any other material so designated by the geotech- nical consultant. A fill which the geotechnical consultant or the consultant's representative has observed and/or tested during placement, enabhng the consultant to conclude that the fill has been placed in substantial compliance with the recommendations of the geotechnical consultant and the governing agency re- quirements. ENGINEERING GEOLOGIST: A geologist registered by the state licensing agency who ap- plies geologic knowledge and principles to the exploration and eva1uation of naturally occurring rock and soil, as re- lated to the design of civil works. EROSION: The wearing away of the ground surface as a result of the movement of wind, water, and/or ice. EXCAVATION: The mechanical removal of earth materials. EXISTING GRADE: The ground surface configurati1on prior to grading; original grade. FILL: Any deposit of soil, rock, soil-rock blends, or other similar materials placed by man. FINlSH GRADE: The as-graded ground surface elevation that conforms to the grading plan. GEO:FABRIC: An engineering textile utilized in geotechnical applications such as subgrade stabilization and filtering. GEOTECHNICAL CONSULTANT: The geotechnical engineering and engineering geology con- sulting firm retained to provide technical services for the project. For the purpose of thes1:: specifications, observations by the geotechnical consultant include observations by the geotechnical engineer, engineering geologist and other per- sons employed by and responsible to the geotechnical consultant 17 La Costa Avenue Slope Failure Carlsbad, California GEOTECHNICAL ENGINEER: GRADING: LANDSLIDE DEPOSITS: OPTIMUM MOISTURE: RELATIVE COMPACTION: ROUGH GRADE: SHEAR KEY: SITE: SLOPE: SLOPE WASH: SLOUGH: SOIL: J 06~1000l TEG dor Appendix C Project No. l 062 70001 A licensed civil engineer and geott:chnical engineer, regis- tered by the state licensing agency, who applies scientific methods, engincc1ing principles, and professional experience to the acquisition, interpretation, and use of knowledge of materials of the earth's crust to the resolution of engineering problems. Geotechnical engineering encompasses many of the en!,>ineering aspects of soil mechanics, rock mechanics, geology, geophysics, hydrology, and related sciences. Any operation consisting of excavation, filling, or combina- tions thereof and associated operations. Material, often porous and of low density, produced from instability of natural or manmade slopes. The moisture content that is considered optimum to compac- tion operations. The degree of compaction (expressed as a percentage) of a material as compared to the dry density obtained from ASTM test method D 1557. The grorn1d surface configuration at which time the surface elevations approximately conform to the approved plan. Similar to a subsurface buttress; however, it is generally con- structed by excavating a slot within a natural slope in order to stabilize the upper portion of the slope without encroach- ing into the lower portion ofthe slope. The particular parcel of land where grading is being per- formed. An inclined ground surface, the steepness ofwhich is gener- ally specified as a ratio ofhorizontal units to vertical units. Soil and/or rock material that has been transported down a slope by gravity assisted by the action of water not confined to channels (see also Colluvium). Loose, uncompacted fill material generated during grading operations. Naturally occurring deposits of sand, silt, clay, etc., or com·· binations thereof. IS La Costa Avenue Slope Failure Carlsbad, California STABILIZATION FILL SUBDRAIN: TAILINGS: TERRACE: TOPSOIL: WINDROW: Appendix C ProjcctNo. 106270001 A fill mass, the configuration of which is typically related to slope height and is specified by the standards of practice for enhancing the stability of locally adverse conditions. A stabi- lization fill is normally specified by a key width and depth and by a baekcut angle. A stabilization fill may or may not have a back drainage system specified. Generally a pipe-and-gravel or similar drainage system placed beneath a fill along the alignment of buried canyons or former drainage channels. Non-engineered fill which accumulates on or adjacent to equipment haul roads. A relatively level bench constmcted on the face of a graded slope surface for drainage and maintenance purposes. The upper zone of soil or bedrock materials, which is usually dark in color, loose, and contains organic materials. A row of large rocks buried within engineered fill in accor- dance with guidelines set forth by the geotechnical consultant. 19 Rc\' 1::uns La Costa Avenue Slope Fai lure Carlsbad, California FLL SLOPE OVER NATlRAL GIROUNO 9ACKORAIH AND T -<:OitHECTIOH (SEE DRAIN DETAIL FIGURE G) FU SLOPE OVER CUT NATURAl GROUND ) ___ --- 9ACI<:ORAIN AND T-CONHE:CTION (SCC ORAIH OCIAIL, FIGUI~E G) •11111111U11 KCY WIOTI< ~NENSIO/f. ACTUAL WIDTH SltOUU) DC PIIO'iiDCD OT C)(OlCC:IftUC.t.L COI<5UU41<T ii."S(O ON (VALUATION Of' snt-SrlCIIIC Gt"OT£CI!HICAl COHOITIONS. NOTES· cur stDPt SH.AU 8[ C~NSTRUClCO PRIOI! TO PLACtll(llf or nu. Appendix C Project No. I 0627000 I SWAL£ AT TOP or SLOP( / FILL._/ SWAL£ AT TOP OF' SLOPE SLOP£ ORAINAGC SHOULD 8( PROVIOCO IK M:CORDNIC( W~ RECOIIII(I«<'AnONS PMSOH£0 ON r!CUR£ E 101>2701NI TF.G do< NOT TO SCAL( FILL SLOPIE OVER NATURAL GROUND OR CUT La Costa Avenue Slope Failure Carlsbad, Californi a Appendix C Project No. I 06270001 TRANSITION (CUT-FILL) LOT "''"''' '"'"'~ t-------- f COMPACTED T -------OV£R£XCAVATE AHO RECOUPACT ---BEDROCK OR COMPETENT MATERIAL, ; ____.-AS EVALUATED BY THE ___.., / GEOTE:CHNICAL CONSULTANT UNDERCUT LOT ~ N~~ .. ~Al CROUNO .....-~ / FILL _I 3' WIN. T OVEREXCAVAT£ AND RECOMPACT BEDROCK OR COMPETENT MATERIAL, ;- __..---AS EVALUATED BY THE _.--/ / GEOTECHNICAL CONSULTANIT NOT£: DIW[HSI()II$ PROVI0£0 m THC OtlAllS A90VE AAt APPI!OXIW.H IUIO loCAY II£ ~001nro 1>1 111£ rt£lD 8Y lHE CEOT£CIUIICAl CONSVI.TAHI AS CONOiliOHS OICIAI[ e_ 106110001 T£(i doc NOT TO SCALE TRJ~NSITION AND UNDERCUT LOT DETAILS FlG\R a La Costa Avenue Slope Failure Carlsbad, California Appendix C Project No. I 0627000 I CANYON SUBDRAJ N NATURAL GROUND - S[[ FIGURE A FOR OET~LS or OEHCHES LOWEST BEHCH INCLINED TOWARD OR~N COMPACTED fiLL --- SUBORAIN (SEE DRAIN DETAIL, nGURt G) DETAIL OF CANYON SUBDRAIN TEFlMINATION ~OMPACT£0 FILL) CUTOFf WAll CONSTRUCTED DESIGN FINISH GRAD£ - SUBORAIN PIP[ OUTLET PIP£ OWNS TO A SUITABLE OUTLET IH ACCORDANCE WITH THE or GROUT, CONCRETE, BENTONITE, _..------OR OTHER SUTTABlE WATERIAL AS EVALUAT£0 BY THE GEOTECHNICAL COHSULTANT RECOI.IWENOATIOHS or THE CIVIl ENGINEER · • . · -":---nLTER MATERIAL ~=====:::::::m~·-:5:· .. '·~=~~ 1-NON-PERFORATED PIP[~ P£1RFORATEO PIPE r-20' MIN, ·I . Jt;..-1 NOT TO SCALE CANYON SUBDRAIN DETAIL f'lGI.R: c La Costa Avenue Slope Failure Carlsbad, California Appendix C Project No. 1 0627000 I WINDROW SECTION JO S.C. SOIL (fLOOOCO) -~ ""........... I -'1- L..::-~ r --_J---- ~-:!_J "V" OR ACCT~GU~ JRCNCH A. lolltllloiiJN ~. or 1 rtct occr AM> :> rccr Wilt fJCAV,UfO IIIJD COUI'ACTfD nu.. OR NATUIW. GROUND PAD SECTION nNtSH ~RAOC ~rrr ... . . . .. ZOIIC a t.IAltRIAL <::> <::> 1011r Jc COWNCft'O nu. W11'11 IIOCK rwA«>UrlftS 110 G .. A1rll niAH I INCW'S IN IIIMArTrW. 10Nr It COU~D n u. WITH ROCk fllo\CiW .... lll'lWrnc I AND ._ ~ 1111 ....,m tM'r If PLAI:nt IN SJAQGI'IrD Wl.-oiDWS UP 10 wo· L.Ofl. lie lltt ZIOMt IIIG • .WIIDC» n 9MIIIUI.Hl 5VI\. (» $i.NO tiMYALtlll) OCICSWICP •1 r\.QO!IIfta IIOCK 11WNUT5 LDI5 THNI • lflltlla Ill IPIIWcYU 1Mf IK f'\Aieto Ill C!UirM<~D riLL 5011.. lto6270001 rEG doc NOT TO SCAlf OVERSIZED ROCK PLACEMENT DETAIL nGURE 0 La Costa Avenue Slope Fai lure Carlsbad, California Appendix C Project No. 106270001 106270001 TEG<I<>. SWAL( AI TOP Of SLOP( MID-SLOP£ 8ACKDRAIN (S££ DRAIN DETAIL, FIGURE C) ---~ NON-PERfORATED OUTLET PIPE 2.X - WAXIMUI.I VERTICAL SLOPE HEIGHT, H {f£ET) USS THAN 30 60 120 GREATER THAN 120 BEDROCK OR COMPETENT I.IJITERIAl AS EVALUATED BY TH( GEOTECHNICAL CONSULtANT WHEN POSSIBl£. LOWEST BACICDRAIN SHOULD 9( PLACED IN THE BASE Of K£Y (SEC O~!AIN DETAIL, FIGURE C) • TERRACE WIDTH AND lOCATION ~10 TERRACE R£0UIRED OH( TERRACE AT lEAST 6 HET WIDE AT loiiDH£1GHT ONE T£RRA.CE AT LEAST 12 fEET WIDE AT APPROXIMATt:lY I.IIOIIEICHT .AND 6-FOOT WIDE TERRACES ICENTEREO IN REMAINING SLOPES D£SIOHI£0 9\" CIVIL ENGINEER WITH APPROV.tJl Of GOVERNING AUTHORITIES NOTtso I. lltii~SI.OPt BACKOIIAII<S SIIOUlD II[ f'UCCl) Ill nu SlOI'l$ IPI C0KJ UNCTION WITH [AOI I(JIRAC(. l. T(I!RMXS SHOUl.D HAY( ~T LlAS1 • 5-l'tRCOIT CIWliLI<f • ...U lltJII orr SHOULD K ~Cl[l) 10 AM AI'I'JtOI'IIlloTl SUIII"AC£ OIIAIM40( COULCTOit. :J. T(llll.t.Cts S>IOULD 9( CtLUI[O or OEMIS ~ vtWATlON TO .W.O"' U>IUSTR ClEO ll.OW or WATCR. •• lrn.<Cn SHOUW II( ICI:PI 1M COOP RtJ'AIR. 5. RU[ll TO U8C O'.AI'T[R ?1) 1'0!1 ADOITOHAL lllOIJ!R(H(HTS. H NOT TO SCALE SLOPE DRAINAGE DET All La Costa Avenue Slope Failure Carlsbad, California COMPACTED FILL --------......... Appendix C Project No. 106270001 ---PROPOS(D CRADCD SURf4Cf r--EXISTING CROUNO SURr.4C( ....... UNSTABLE_) f MATERIAL BENCH INCUN£0 ......... SUCHllY INIO SLOP£ ........ (SEE fiGURE A) ~LA.: 0~ =K~E7 - BEDROCK OR I COMPETENT MATERIAL, f AS EVALUATED BY THE GEOTECHNICAL CONSULTANT BACK DRAIN (SEE DRAIN OCTAl!.. riGURE G) COMPACTIED fiLL NON-PERfORATED OUlLET PIPE HOlES: 1. lH£ OlPlM AND WIDTH Of K£J Will 8( PR<WI0£0 8Y THE CEOTEC'tiNICAl COHSULTANT BAS£0 OH ANAlYSIS Of" SITE-SPECIFIC CEOTECHHICAl COHOITIOHS. 2. All ADDITIONAl loiiO-SLOP£ BACI<OAArH .. HO lllliiACE DRAIN WY BC RECO..,M(HD£0 fOR SlOPES OV£R lO fEET HIClH. SEE SLOP£ OIWNACE DETAil. riCURE [. l. SLOPE DRAlHACC SHOULD BC PROVIDED IN ACCORDANCE Willi RECO..,II£NO .. l10NS PRESOITEO ON fiCUII£ (. NOT TO SCALE SHEAR KEY DETAIL La Costa Avenue Slope Failure Carlsbad, California SUBDRAIN CONFIGURATION ALTERNATIVE A• ALTERNATIVE B riLT(R MATlRIAL {9 CUSIC r£(T PER IJN(AJ! PE:Rf'ORAT[D PIPE IHSTAlJ..£D WITH P£Rf'ORATIOH DOWN {SEE SCHEDULE BELOW) * AlTERNATIVE A SUBORAIH CONflct.IRATIOH WAY 8£ USED IH nus lESS THA.'f 2S tEO OCEP Appendix C ProJeCt No. 10627000 I BACKDRAIN CONFIGURATION rtlTER IU.TERIAL (l CUBIC F'HT POl li.'IEAA roon l-COHHE CTIOH (S£E DETAIL) - ._. MJH. P£Rf'ORATEO PiPE, ... WIN. SCH[011l£ .W PVC OR EQUIVALENT INSTAllED WITH P£Rf'ORATIOHS DOWN T-CONNECTION DETAL PERF'ORAYED PIPE SLOP£0 AT t" loiiH. L 10. MIN -I TOWARD OUTlCf PIPE ---::\ jEACH SIDE NOH-"""'"'"0 """" "" OP TO~ toO C" 100' ON CENTER HORIZONTAllY FL TEA MATERIAl rlllER MATERW. SHALL 9t ClASS II PERioi[ABL( IIAlERlAL PER STATE or CAUfORHIA STANDARD SPECifiCATIONS OR APPROVED AlTERNATE GlOfABRIC DRAIN SYSTEiol. SIEVE SIZ( ,. l/•· 3/8" llo. ' Ho. II No. 30 Ho.:.O No. 200 CLASS II QUDAliONS PERCENT PASSIHC 100 90-100 40-100 25-<10 111-33 5-!S 0-7 0-3 HOT£: 4S AN ALT(ANA11V( THE fiLTER MATERIAL MAT COMSIST Of UP ro 1• DIAIICT£11 OP£11-CRADCD GRAVEL WRAPPED IH AH APPROVCD C[OfA8RIC WfTII 6-lt/CH OR IIOR( OV(~LAP. PPE SCHEDULE PtRfORAli:O AND HOH-PERTORAT£0 PIP[ SHAll B£ SCHEDUlE <10 POLYVINYL CHLORIDE (PVC) OR ACRYlONITRilE IUTAOIENE STYR£11[ (AI~) 011 EQUIVALENT. AHO Will HAVE A WIHINUN CIIUSHiliG STROIG'TH OF 1000 t>SI TOR DePTHS Of flU IU' TO SO fEET. roR DElP£11 OllS, PERfORATED AND NOH-PtRfCiUT£0 PIP£ ~ It DCSIGN£0 WITH AO(OIJAT£ CRUSHIHC STRtMGlH. THE PIP( DW.I£T£R W1U. C(H(RALI. Y II EEl THE fOUOWINC CRffERIA, BUT WAY 9( IIOOifltO I" lHE 0£LO BY TH£ CtOT£CtfHICAl COHSULTAifl AS COHOmON$ DICTATE. IN£ lOICl H lW I!UH IS NEASUR£0 TROY THE lfiCII(Sl El£V.lTION. L(lfClH Of RUN PIPE OWIEIER --·---o-soo· SOCI-I SOD' > 1SOO· DRAIN DETAIL 4" 6- 8" NOT TO SCALE APPENDIX I STANDARD FORM-TIER 2 STORM WATER POLLUTION PREVENTION PLAN FORM E-30 AND TEMPLATE (city of Catlsbad STORM WATER COMPLIANCE FORM - TIER 2 CONSTRUCTION SWPPP E-30 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www .ca rlsbadca .gov I am applying to the City of Carlsbad for one or more of the following type of construction permit(s): D Grading Permit D Building Permit D Right-of-Way Permit My project does not meet any of the following criteria for a project that poses a significant threat to storm water quality: ./ My project does not include clearing, grading or other ground disturbances resulting in soil disturbance totaling one or more acres including any associated construction staging, equipment storage, stockpiling, pavement removal, refueling and maintenance areas; and, My project is not part of a phased development plan that will cumulatively result in soil disturbance totaling one or more acres including any associated construction staging, equipment storage, stockpiling, pavement removal, refueling and maintenance areas; and, My project is not located inside or within 200 feet of an environmentally sensitive area and will not have a significant potential for contributing pollutants to nearby receiving waters by way of storm water runoff or non-storm water discharge(s). My project requires preparation and approval of a Tier 2 Construction Storm Water Pollution Prevention Plan (SWPPP) because my project meets one or more of the following criteria demonstrating that the project potentially poses a moderate threat to storm water quality: 0 My project requires a grading plan pursuant to the Carlsbad Grading Ordinance (Chapter 15.16 of the Carlsbad Municipal Code); and/or, D My Project will result in 2,500 square feet or more of soils disturbance including any associated construction staging, stockpiling, pavement removal, equipment storage, refueling and maintenance areas and, my project meets one or more of the following additional criteria: • Project is located within 200 feet of an environmentally sensitive area or the Pacific Ocean; • Project's disturbed area is located on a slope with a grade at or exceeding 5 horizontal to 1 vertical; • Project's disturbed area is located along or within 30 feet of a storm drain inlet, an open drainage channel or watercourse; and/or • Project will be initiated during the rainy season or will extend into the rainy season (Oct. 1 through April 30). I CERTIFY TO THE BEST OF MY KNOWLEDGE THAT THE ABOVE CHECKED STATEMENTS ARE TRUE AND CORRECT. I AM SUBMITTING FOR CITY APPROVAL A TIER 2 CONSTRUCTION SWPPP PREPARED IN ACCORDANCE WITH THE REQUIREMENTS OF CITY STANDARDS. I UNDERSTAND AND ACKNOWLEDGE THAT I MUST ADHERE TO, AND AT ALL TIMES, COMPLY WITH THE CITY APPROVED TIER 2 CONSTRUCTION SWPPP THROUGHOUT THE DURATION OF THE CONSTRUCTION ACTIVITIES UNTIL THE CONSTRUCTION WORK IS COMPLETE AND APPROVED BY THE CITY OF CARLSBAD. Af1P/icant Information and Signature Box This Box for City Use Only Address: Assessor's Parcel Numbers: Yes No City Concurrence: Applicant Name: Applicant Title: By: Applicant Signature: Date: Date: Project ID: E-30 Page 1 of 1 REV 07/14 Tier 2 Construction SWPPP Preparation Template This document has been prepared to identify the various components that make up a Tier 2 Construction Storm Water Pollution Prevention Plan (SWPPP). A complete Tier 2 Construction SWPPP is composed of the following components: 1. A set of storm water pollution plan drawings meeting all the requirements ofthe Construction SWPPP Checklist items as contained in the Tier 2 Construction SWPPP Review Checklist attached as Appendix G to Section 3 (Construction SWPPP Standards and Requirements) in the City Storm Water Standards Manual. 2. A completed and signed Storm Water Compliance Form for a Tier 2 Construction SWPPP (E-30) as contained in Appendix B to Section 3 (Construction SWPPP Standards and Requirements) in the City Storm Water Standards Manual. 3. A completed and signed Tier 2 Construction SWPPP Site Assessment Form (attached) 4. All supporting documentation, studies and reports as required to comply with the Municipal Permit and City Standards including any needed hydrology and hydraulic calculations, soils and geotechnical reports, spill prevention plan and manufacturers information and other data needed to clarifY and support of the proposed storm water pollution prevention plan. Tier 2 Construction SWPPP Preparation Template 3/24/08 Tier 2 Construction SWPPP Site Assessment Form Pr~ectiD: ________________ _ Project Information: Pr~ectName: ________________________________________________________ _ Project Address/Location; -------------------------------------- Responsible Parties/Contact Information: Name ofPreparer: ------------------------------- Qualification of Preparer (Registration/Certification): ________________ _ Address: ______________________________________________ ___ City/State/Zip Code: _________________ ___ Phone Number: __________ _ Name of Owner/Owner's Agent: ___________________________ __ Address: ____________________________________ ___ City/State/Zip Code: _________________ _ Phone Number: ____________ _ Name ofEmergency Contact:--------------------------------- (during construction) Adilless: _______________________________________ ___ City/State/Zip Code: __________________ _ Phone Number: _____________ _ Page 1 of 10 Tier 2 Site Assessment Form 3/24/08 Site and Construction Activity Description: Construction Start Date: End Date: ------------------ If work begins in rainy season or extends into rainy season, explain how project work can be scheduled can be altered to avoid rainy season impacts or to lessen exposure of site during rainy se~on: _________________________________________________________________ __ Grading Quantities: Cut: _____ CY; Fill: _______ CY; Import: ______ CY; Export: ______ CY Any Stockpile Proposed? If yes, then estimate quantity: ______ CY Estimated duration of stockpile: _____________ Months Soils types: ________________ __ Does site contain a preponderance of soils with USDA-NRCS erosion factor kf greater than or equal to 0.4? _____ __ Is a staging area proposed (yes/no)? _____ _ If yes, then where is it located?----------------------------------------------- Is concrete w~hout required (yes/no)? __ _ Where is it located? ------------------------------------------------------- Any existing site contan1ination (yes/no)? ___ _ Where is it located? ------------------------------------------------------- Any vehicle storage, maintenance or fueling area proposed (yes/no)? ____ _ Where is it located? ------------------------------------------------------- Any de-watering operation proposed (yes/no)? _____ _ Where is it located? ------------------------------------------------------ Any other special operations proposed that may impair water quali~y (yes/no)? ____ _ What and where? -------------------------------------------------------- Page 2 of 10 Tier 2 Site Assessment Fonn 3/24/08 Watershed Basin project drains to: 0 Buena Vista Lagoon 0 Agua Hedionda Lagoon 0 Encinas Creek 0 Batiquitos Lagoon 0 Pacific Ocean Is project drainage tributary to a CW A section 303( d) listed water body impaired for sediment (includes Buena Vista and Agua Hedionda Lagoons) (yes/no): ---- If yes, describe additional controls that will be used on project site to mitigate for sediment impairments (if any):---------------------------- Is project inside or within 200 feet of an Environmentally Sensitive Area (yes/no): ---- Ifyes, describe additional controls that will be used on project site to mitigate for potential storm water impacts (if any):--------------------------- Are any agency permits required (yes/no)? ___ _ Check off permit types required: 0 Army Corps 404 permit 0 Regional Board Water Quality 401 Certification 0 Coastal Commission Certification 0 U.S. Fish and Wildlife Section 7 0 Fish and Game Stream Alteration Agreement 0 Other list: ----------------------------------------------------- Page 3 of 10 Tier 2 Site Assessment Fonn 3/24/08 List materials that will be used on construction site and their handling and storage requirements Material Characteristics/Toxicity Handling requirements If any toxic or hazardous materials are proposed, then a spill prevention plan is required. spill prevention plan required (yes/no)? If yes, attach spill prevention plan. Perceived Threat to Storm Water Quality rating: Using the Construction Threat Assessment Worksheet for determination of the projects Perceived Threat to Storm Water Quality rating (E-33): Is a The Construction Threat to Storm Water Quality rating for this project is: 0 High 0 Medium Signature of Plan Preparer: Signarure: _______________________________________________ ___ Date: --------- Print Name: --------------------------------- Attachments: D Storm Water Compliance Form-Tier 2 0 Spill Prevention Plan D Hydrology and/or hydraulic study 0 Solis and/or geotechnical report(s) 0 Other. List: Title: ------------------------------- Page 4 of 10 Tier 2 Site Assessment Form 3/24/08 BMP Selection: The following tables are provided to help identifY and select appropriate site specific BMPs for the proposed project. Review the list of potential site construction activities and site conditions described along the left hand column of each sheet. Then, for each activity or site condition that is included in the proposed project, pick one or more of the BMPs described at the top of the form and place an X(s) in the box(es) that fonn(s) an intersection between the activity/site condition row and BMP column(s). All structural (physical facility) BMP's should be shown on the site plan in the Construction SWPPP drawing set. Any proposed no-structural BMP should be noted in the Special Notes on the Construction SWPPP drawing set. Page 5 of 10 Tier 2 Site Assessment Form 3/24/08 Wind Erosion Control BMPs Erosion BMPs 0 c (/) c I... 0 ro .Q c '+--~ (/) ro 0 .c 2 OJ "0(() (() 0 0 ..... .Q c-a. (() OJ o6 c C1l C1l "ii) "0 :::J (/) c BMP Description -7 g g. 2 c (/) .c .c (/) 3: (/) c ~ c .E 0 OJ "0 I... () (/) .Q (()(/) 0 "(ii c 0 C1l "ii) c "iii > g (() (() :::J ..\!! :::J 6g (1)~ ~ 0 (() "0 ~ 2 I... .oro "S 2: g 2 c 0 I... :::J (/) c E -~ () w "0 ill·-C1l 0 i:D 3: (() "0 .c c T5 (() ro= C1l (() (f)(j) I... I... 0 0 0 a. (().0 >. "0 .c "0 "0 C1l t ·-c (() ·-"6 I... (() ~ C1l ~ Qi 0 I... C1l 0 () '-X >. >. ~ (/) o..w I I (/) U5 (.9 wo > U5 U5U5 Q_ CASQA .,.... N ("') "<:t 1.{) <.0 t-co en 0 .,.... N ("') .,.... I I I I I I I I I .,.... .,.... .,.... .,.... I Designation -7 0 0 0 0 0 0 0 0 0 I I I I w w w w w w w w w w 0 0 0 0 5: w w w w Construction Activity or Site Condition Cleared Areas Flat pad graded areas Graded slope areas Trenching/Excavation Stockpiling Drilling/Boring ConduiUPipe Installation Substructure/Pad Installation Staging Area Existing onsite vegetated areas Drainage flow onto site Drainage flows off of site Drainage at top of slope Other (list): Page 6 of 10 Tier 2 Site Assessment Form 3/24/08 Sediment Control BMPs -a ..... c c ro '-Q) E '-Q) ]? E Ol ·c c '-c Q) '--ro "iii 0.. Q) ·a.. ·c ro c BMP Description ~ ro ro ro '-ro -Q) '-Q) ro '-ro 1-E .!!2 Ol ~ .~ Ill Q) .!: 1-Q) c c ro ro ro ro c (.) 0 0 Ill Ol '-0 ro c Q) Q) 0:: (/)E ro ro 0:;:::; .S::! Q) E E .::.:: ill ..... :::J ..0 ~ E ~ E LL ·-(.) '-> Q) :::J -a -a -a Q) Q) ro Q) (.) c ro '-..... Q) ..... Q) Q) ..c ..0 '-.= ro ro '-0 0 ..c ..... ..... '-i:/5 (/) (/) 0 u::: (9 (/)> (/) (/) (/)Q_ 0 CASQA Designation ~ ..-N (") "<t l{) CD 1'-co (J) 0 ..-I I I I I I I I I ..-..-w w w w w w w w w I I (/) (/) (/) (/) (/) (/) (/) (/) (/) w w (/) (/) j Construction Activity Or Site Condition Cleared Areas Flat pad graded areas Graded slope areas Trenching/Excavation Stockpiling Drilling/Boring Conduit/Pipe Installation Substructure/Pad Installation Paving Staging Area Existing onsite vegetated areas Drainage flow onto site Drainage flows off of site Drainage at top of slope Other (list): Page 7 of 10 Tier 2 Site Assessment Form 3/24/08 Tracking Control BMPs c c 0 0 u ·a ~ :::J :::J '-'-f.= (j)(/) 1i) (/) c (/) c (/) BMP Description ~ 0 Q) 0 ~ 0'-0 "00> 0> "0>, w a>!:!:! Q) cu -.. N (f) .!:::! ?: (/) =(/) (/)_c ·-Q) =-o ~ (/) .o.._ .oro CUe» !!lo ~~ ...... c (f)_ (/)0:: CASQA Designation ~ ..-N ("') I I I Construction Activity 0:: 0:: 0:: I-I-I- v Site Access point(s) Staging area access point(s) Maintenance access roads to BMPs Other (list): Page 8 of 10 Tier 2 Site Assessment Fonn 3/24/08 Non-Storm Water Management BMPs Q) (.) c en Ol ro ,!;; Ol c c 2 en 0 c ,!;; (jj Q) ~ Ol ro (jj c Q) (.) c Q) Q) '(ii en ~ u ·u; Ol u :::J :2: ::> Q) I-u.. BMP Description ~ ro 0.. en ro c 'E en I-en 0 0 .!::. 0 'E 'E 'E en .8 'E a.. c I-c c Q) 0 u 0 (.) ~ Q) Q) Q) 0 E ro c Ol en E E E 'E a: 0 ~ ,!;; E ·u; e Ol ~ Ol 0.. I-0.. .9-.9-Q) ~ (jj '0 ro Q) .E I-c :::J (.) .!::. c Q) .2: c "E: :::J :::J :::J Q) Ol :.c 0' ro (.) ~ 0.. ·;:: I-0 0 0' 0' 0' 0.. c .!!.! w ~ 1U 0 C.9 i7) u Q) w w w 0 ·;:: Q) c Ill en I-~ :::J '0 c Ol '0 ~ 2 Q) '0 '0 '0 Ol u u::: c ~ c c c c c c c ro c 0 ·;:: ro ro ~ c ro ro ro ·;;; Q) Q) 0 ro u Q) I-0 Q) Q) Q) Q) ~ 1ii "iii :-2 I- Ol 0 ·;:: 0 I-1U c 0.. I-u :0 :§ 0 :§ 0 I-·;:: 0 0.. 2 (.) (.) * ~ ·;;; E ro ~ ro .!::. :.c .!::. ~ c c E E ~ Q) ro Q) Q) 0 ~ Q) ~ 0 0 Q) ~ 0 a.. 1-u a.. > c:: u u :2: 0 CASQA Designation ~ N ("') "¢ LO (!) r--co Ol 0 ~ N ("') "¢ LO (!) I I I I rh I I rh I ~ ~ ~ ~ ~ ~ ~ ~ (/) (/) (/) (/) (/) (/) (/) I rh I I I I I z z z z z z z z z (/) (/) (/) (/) (/) (/) z z z z z z z Construction Activity & Site Conditions Landscaping & Irrigation Drilling/Boring Concrete/Asphalt Sawcutting Concrete flatwork Paving Wire, Cable & Connector Installation Site Housekeeping St<!_g_ing Area Equipment Maintenance and Fueling Hazardous Substance Management Dewatering Steam crossing Material delivery_ Solid waste handling including trash and debris removal Concrete or stucco work Other (list): Page 9 of 10 Tier 2 Site Assessment Form 3/24/08 Waste Management and Materials Pollution Contrc>l BMPs c Q.) c c E Q.) Q.) Q.) Q.) c Ol Ol E E cu 0 Q.) c cu Q.) Q.) E cu c ..... ..... c Ol .8 -Ol ::2: Q.) c cu Q.) (/) 0 Q.) cu c Ol E c 0 E c cu cu 2 cu Q.) BMP Description ~ "0 Q.) Q.) ::2: ::2: c (/) Ol c E "0 Ol cu ~ cu c ::2: cu Q.) cu cu Q.) "(5 c ~ Ol c ii) cu cu c cu (/) Q.) (.) 2 Q.) 0 2 ~ ii) li .<:: c "0 Q) Q.) cu ~ Q.) Q.) ~ Q.) 2 (/) 2 Q.) ii) (/) -ro (/) (/) 0 ::;) ~ > ~ c ~ Q.) ~ 0 Q.) ~ ro ro ·a. ..... "0 E Q) ·c ·c .!><: Cl... ..... cu ..... -~ :g 2 Q.) (.) :g cu c (.) -ro N c c ~ cu 0 ·a. 0 cu 0 0 cu .!2" ::2: ::2: U5 (/) (/) I 0 0 (/) _J CASQA Designation~ 0 .....-N (") ~ I() <0 t-co (J) .....- Construction Activity I I I I I I I I I I 2 2 ::2: ::2: 2 ::2: ::2: ::2: ::2: ::2: And Site Conditions s s s s s s s s s s Landscaping & Irrigation Drilling/Boring Concrete/Asphalt Sawcutting Concrete flatwork Paving Wire, Cable & Connector ~nstallation Site Housekeeping Staging Area Equipment Maintenance and Fueling Hazardous Substance Management Dewatering Steam crossing Material delivery Solid waste handling including trash and debris removal Concrete or stucco work Temporary porta-potties Other (list): Page 10 of 10 Tier 2 Site Assessment Form 3/24/08 APPENDIXJ RIGHT OF WAY PERMIT APPLICATION RIGHT OF WAY PERMIT OWNER/BUILDER APPLICATION E-12 Development Services land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov NO FEE PERMIT-6604 ROMERIA I 6024 LA COSTA AV JOB ADDRESS: DRAINAGE CHANNEL & SLOPE REPAIR OF LA COSTA AVE NEAREST CROSS STREET: ROMERIA STREET ASSOCIATED PROJECT NO.: 6604 ASSESSOR PARCEL NO(S): 223-120-33-000 DRAWING NO. (if applicable): DWG 455-5 & DWG 455-5A BRIEF DESCRIPTION OF WORK: REMOVE & REPLACE DRAINIAGE CHANNEL; CONSTRUCT ACCES ROAD & REPAIR SLOPE PROPOSED START DATE: ESTIMATED COMPLETION DATE: PERMITTEE NAME (Print or Type): CONTACT PERSON: MAILING ADDRESS: PHONE NUMBER: 24 HOUR EMERGENCY TELEPHONE: By its signature below, permittee agrees to indemnify, hold harmless, and defend the City of Carlsbad or its officers or employees from all claims, damage or liability to persons or property arising from or caused by an activity or work done pursuant to this permit unless the damage or liability was caused by the salle active negligence of the city or its officers or employees. This agreement is a condition of the issuance of a right-of-way permit. SIGNATURE DATE The same name must appear on th1s application, the Insurance Certificate, the Cash Security Agreement and the request for refund as the permittee. CITY USE ONLY PERMIT NO.: ENTERED INTO COMPUTER BY: TCP APPROVED BY: INSURANCE CHECKED BY: E-12 DATE: EXP. DATE: Page 1 of 1 DATE STAMP APPLICATION RECEIVED REV 07114 APPENDIX K STANDARD TRAFFIC 1CONTROL PLAN APPENDIX L STANDARD DRAWINGS VOLUME 3-STANDARD DRAWINGS & SPECIFICATIONS CHAPTER 2 -CITY OF CARLSBAD MODIFICATIONS TO THE SAN DIEGO REGIONAL STJ~NDARD DRAWINGS Note: The minimum allowable concrete mix design for all concrete placed within public right- of-way shall be 560-C-3250 as specified in the Standard Specifications for Public Works Construction. DWG. MODIFICATION D-2 Enlarge curb inlet top to width of sidewalk (n•ot to exceed 5'6") by length of inlet including wings. Existing reinforcing steel shall be extended across enlarged top to clear distances shown. D-20 Delete. D-27 Add: A maximum of three (3) combined outlets in lieu of Std . D-25. D-40 Add: "T' dimension shall be a minimum of three (3) times size of rip rap. D-70 Minimum bottom width shall be 6' to facilitate cleaning. D-71 Minimum bottom width shall be 6' to facilitate cleaning. D-75 Delete "Type-A" Add: 6" x 6" x #1 0 x #1 0 welded wire mesh, instead of stucco netting. E-1 Delete direct burial foundation. Add: The light standard shall be pre-stressed concrete round pole. E-2 Grounding per note 2. Attachment of the grounding wire to the anchor bolt shall be below the light standard base plate with an approved connection. G-3 Delete. G-5 Add: Note 4. Tack coat shall be applied betwe·en dike and existing asphalt concrete surface as specified in Section 302-5.4 SSPWC. G-6 Type 8-1 not used. When specified, Type 8-2 sh;all have a curb height of8", width of 6", with a 3: 1 batter. When specifically approved by the City Engineer, Type 8-3 shall have a curb height of 8", width of 6", a 3:1 batter with tlhe hinge point eliminated. G-11 Add: Remove curb/gutter and sidewalk frorn score-mark to score-mark or from joint-to-joint or approved combination. Volume 3 -Chapter ~2 1 of 2 CITY OF CARLSBAD MODIFICATIONS TO THE SAN DIEGO REGIONALSTJ,NDARD DRAWINGS (CONTINUED) DWG. MODIFICATION G-12 Add: smooth trowel flow line (typical) 7-1/2" thit:;k with a minimum of 6" of aggregate base per City of Carlsbad Standard GS-17. G-13 Add: smooth trowel flow line (typical), 7 -1/2" thick, with a minimum 6" of aggregate base per City of Carlsbad Standard GS-17. G-14 Change: Residential Thickness= 5-1/2" Commerciai/Multi-F amily Residential Thickness :: 7 -1/2" G-15 Delete requirement 3 G-24 Replaced with Carlsbad Standard Drawing GS-2!5 G-25 "Type-C" only (delete "TypeD") G-26 Change thickness from 5-1/2" to 7-1/2" and add minimum 4" Class II base under curb/gutter (to 6" past back of curb). G-33 Delete G-34 "Type-C" only (delete "TypeD") G-35 "Type-F'' only (delete "Type E") M General: Agency shall be "City of Carlsbad" M-2 Add: To be used only with specific approval of the City Engineer. Volume 3-Chapter :2 2 of2 May be open channel~~~~~ #4 0 6" OC both ways continuous Dimensions shown on plan:> PLAN #4 o 3" oc 1 8 Manhole frame and cover, see M-2 4" min I #4 0 3" OC total 4 #4 0 6" OC both ways continuous Monolithic gutter ~-~Curb line · ...... 1tt1/2" 1----.--...L-:'..L..:.' ·.....;,· . . • : •: .. !•.. <.0 ~ ...... -. T La SECTION A-A 3" X 3" Construction joint 1o ~ Remove existing curb and gutter and construct gutter monolithic with curb outlet ANCHOR DETAIL 2-1/2" )( 2" )( 1/4" x 4' galvanized steel angle SECTION 8-8 NOTES 1. Concrete shall be 560-C-3250. 2. D=inside diameter of pipe or depth of channel. 3. Section to be sloped laterally with top conforming to the grades of the existing sidewalk and curb. 4. Manhole frame and cover may be deleted with open channel. 5. Trowel finish top surface and reproduce markings of existing sidewalk and curb. 6. Trowel finish floor of outlet. 7. Provide 1/4" tooled groove in top slab in line with back of curb. SAN DIEGO REGIONAL STANDAHD DRAWING T.Stonton 03 03 T.Stonton 04/06 CURB OUTLET -TYPIE A Revised T.Stonton 11/08 Edited S.S. T. Regello 3/11 LEGEND ON PLANS ---~o ---~ RECOMMENDED BY lliE SAN DIEGO REGIONAL STANDARDS COMMITTEE DRA'MNG NUMBER 7/M/ZOIZ D-25 ~ I II T \_ Sidewalk cuts A -----_ P" H/ ------~--J ----r f- 8 J 4> :.§ A~ >. "t: PLAN 4> a. 1/i' e 0... f ; I min :r .. • .. t ' . . . 6 SECTION .--F·. t:z:z::z::z::~:zz:zz:z::z:.\ T . • ... .... 6 1/2" min Pipe to be finished flush with curb. Gutter SECllON 8-8 APPROVED DRAIN PIPE SIZES .. PIPE SIZE CURB HEIGHT AT CURB FACE 3. 6" to 8" 4" a· 6" 10" NOTES 1. Pipe shall be one continuous length from property line to curb line. 2. Multiple pipes to be set a minimum distance of D/2 aport (3 max). 3. Concrete shall be 520-C-2500. 4. Pipe shall be circular rigid plastic, or approved equal. 5. Coring of existing curb may be used as on alternative. 6. Provide 1/4" tooled groove in top slob in line with bock of odjocenl curb. 6" typ 4> ~ -e :::> (.) I ~·· .. Gutter . N ........... I SECllON A-A Drain shall not occupy the hatched area BLOCK CORNER Revision SAN DIEGO REGIONAL STANDARD DRAWING RECOMMENDED BY lHE SAN DIEGO REGIONAL STANDARDS COMMITTEE SIDEWALK UNDERDRAIN PIPE DRA'MNG NUMBER D-27 FRONT ELEVATION SINGLE HEADWALL 9"-rit~ FRONT ELEVATION DOUBLE HEADWALL Ro""dod p;pe ends, II ~ t see D-61 ~I 7 1;2• D 7 1/2"~ ~ ! }.;-~~ , Flowline elev shown on plans -,-~~~ SECTION, SINGLE & DOUBLE HEADWALLS SINGLE DOUBLE D H L lt~~ Concrete L lbes~ (.;oQcrete C.Y. C.Y. 12" 2'-8· 5' 35 0.60 8' 50 0.94 15" 2'-11" 6' 40 0.75 9'-6" 60 1.17 18" 3'-2" 7' 50 0.91 10'-6" 75 1.35 21" 3'-5" 7'-6" 60 1.02 11'-6" 90 1.52 24" 3'-8" 8'-6" 75 1.20 12'-6" 100 1.72 27" 3'-11" 9'-6" 85 1.39 14' 115 2.00 30" 4'-2" 10' 85 1.52 15' 126 221 33" 4'-5" 11' 100 1.73 16' 130 2.42 36" 4'-8" 12' 105 1.95 17' 145 265 39" 4'-11" 12'-6" 130 2.09 18' 170 2.88 42" 5'-2" 13'-6" 140 234 19' 185 3.13 45" 5'-5" 14'-6" 150 2.60 20' 195 3.38 48" 5'-8" 15' 160 2.75 21' 200 3.64 51" 5'-11" 16' 180 3.03 22'-6" 225 4.02 54" 6'-2. 17' 190 3.31 23'-s· 240 4.30 NOTES 1. Concrete shall be 560-C-3250. 2. All reinforcing shall be #4 bars. All vertical and horizontal tie bars ti» 18" maximum spacing. LEGEND ON PLANS -------fl 3. Exposed corners shall be 3/ 4" chamfered. ------u Revision By Approved Dote RECONMENOED BY THE SAN DIEGO ORIGINAL 2/75 SAN DIEGO REGIONAL ST ANDA,RD ORA WING RE~ CONMITIEE Kercheval Add Metric T. Stanton 03/03 f7A r/./_,aV\1.) 7IZ6/ZOIZ STRAIGHT HEADWALL -TYPE A ......... .471'="'"'"" Reformatted T. Stanton 04/06 Chairperson R.C.E. 19246 Dote Edited T. Stanton 02/09 !CIRCULAR PIPEII DRAWING D-30 Edited s.s. T. Regello 03/11 NUMBER Face of drainage structure Face of drainage structure Face of drainage structure BELL END SPIGOT END CUT END R = Thickness of pipe Face of drainage structure 6" Corrugated steel pipe CUT END R Inside diameter of pipe 10 NOTE The rounded areas may be built up of cement mortar or poured in place: with the drainage structure. Revision ORIGINAL Add Metric Reviewed T. Stanton 04/06 Edited S.S. T. Regello 03/11 SAN DIEGO REGIONAL STANDA.RD DRAWING ROUNDED PIPE ENDS IN DRAINAGE STRUCTURES RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE DRAWING NUMBER D-61 <t I Elev shown on plans ' I 1-----Fence {see Note 4) 560-C-3250 concrete or air placed concrete reinforced with 6 x 6-W1.4 x W1.4 WWR NOTES 4" dio perforated/ slotted cop 4" dio plastic weep holes at 1 o· oc ' ........_ When depth exceeds 3' weep holes must be added at 10' OC {see detail below) lYPICAL SECTION 3/16" premolded joint material or 1 /8" sowed join WEAKENED PLANE JOINT 1" max crushed ~ock filter material placed o minimurn of 18" each side of weep hole ~ Optional construction joint 1-1/2" EXPANSION JOINT 1. AC or cloy pipe may be substituted for plastic pipe ot weep holes. 2. Weakened plane joints shall be placed every 12' to 15'. Expansion joints !lholl be placed ot all changes of section ond ot ends of curves. 3. Cutoff walls shall be constructed at each end of the channel along the full width of section. See 0-72. 4. Choinlink fence shall be as required by Agency. 5. For bottom widths greater than 8 feet see 0-71. 6. Reinforcement shown is minimum. LEGEND ON PLANS &i :~ .®ii@tr.i!iij if 7. Alternate invert: 2% cross sectional slope toward one side of channel. Revision ORIGINAL SAN DIEGO REGIONAL STANDARD DRAWING Add Metric Reformatted T. Stanton D4/06 MINOR DRAINAGE CHA •• NEL Edited S.S. T. Regello D3/11 RECOMNENDED BY THE SAN DIEGO REGIONAL STANDARDS COWMITlEE DRA~NG NUMBER 7/Z6/ZOIZ D-70 Bottom may be rounded at the option of the contractor ------l 0\ c '6 c ::J e 8. .2 ' (II 2min lYPE A 5' min Bottom may be rounded at the option of the contractor lYPE C NOTES 0\ ~ ~~---.~--------4--~ § ~-=~ e §. -.;; c l ~?e 3" 470-C-2000 concrete or 3" 2500 psi air placed concrete with 6 x 6-W1.4 x W1.4 WWR 17 gage galvanized stucco nettimg BROW DITCH 0'> .E -o c ::J e 8. .2 X 0 E . N X 0 E lYPE 8 6" (II • 3' min 6" .e 2 min l 15~-~ I. .I. .I. c ··~--~-----~--.-----. :. ·~ 3" 470-C-2000 concrete or 3" 2500 psi air placed concrete with 6 x 6-W1.4 x W1.4 WYIIR ----' lYPE D TERRACE DITCH . <0 1. Longitudinal slope of lined ditch shall be 2% minimum. 2. Over slope down ditches shall employ 6" thickened edge section at both sides of ditch. SAN DIEGO REGIONAL STANDAIRD DRAWING Reviewed T. Stanton 04/06 DRAINAGE DITCHES Edited S.S. T. Regello 03/11 LEGEND ON PLANS RECOMWENDED BY "!liE SAN otEGO REGIONAL STANDARDS COMMIT1£E DRAWING NUUBffi' D-75 I 6" w z :::i £D cr ::::> (..) I 2" WEAKENED ~ 1/2" R p " \ .. • . ~:: :OINT \ ·. . ·_ -.. •• ~---------~llj -----'--~ ![!__• --w k NOTES: ~~~G~PE~--~;~4·----~----~1~.;~:~ t........:H~.l.-_....:3:.:.0_" __ ...~.--__ ...;.1.:..::..6.;:..0 ~ " 6" CURB FACE 1. CONCRETE SHAlL BE 520-C-2500. 2. SEE STANDARD DRAWINGS G-9 AND G-1 0 FOR JOINT DETAILS. 3. SLOPE TOP OF CURB 2% MAX TOWARD GUTIER. REVISION BY APPROVI:D DATE ORIGINAL KERCHEVAL 12/75 ADO METRIC T. STANTON 03/03 ~EFORMATI£1 T. STANTON 04/06 UPDATED MR MR/01 11/11 SAN DIEGO REGIONAL ST ANDAnD ORA WING CURB AND GUTTER -COMBINED LEGEND ON PLANS RECOM~ENDED BY THE SAN DIEGO REGIONAL STANDARDS COM~ITTEE ' Ct(AIRPERSON R.C.E. 19246 DATE DRAWING NUMBER G-2 2· x r diamond mot, 1/8" deep 3/4" radius Jug slot in both sides of rim 15" Open position mark, 1 /8" deep groove in both sides of rim and cover. TOP OF FRAME & COVER Letters 1" high, 3/4" no other inscriptiion to appear on exposed surfaces. SECTION THROUGH RIM SECTION THROUGH FRAME & COVER 1/4" -II= 7/a·-1 3/8"----1 SECTION THROUGH LUG Machined Surface 5/8" R BOTIOM OF COVER SECTION THROUGH RIB AT MID RADIUS NOTES 1. Frome and cover shoJI be cost iron. Cost iron shall conform to ASTt.l 48, Closs 30. 2. Frome and cover for use in non-traffic area only. 3. Weights: Frame 29 lbs -33 lbs. Cover 95 lbs. -110 lbs. 4. Imported frames and covers shoJI hove the country of origin marked in compliance with federal regulations. @ r---------------------~ FOR Sewer Projects Storm Drain Projects Water Projects Sewer Storm Drain Water Revision SAN DIEGO REGIONAL STANDARD DRAWING RECOJ.tJ.tENDED BY THE SAN DIEGO REG10NAL. STANDARDS CDJ.tMimE 0. Ger'$CI>offe 05/1 2 24• MANHOLE FRAME A~m COVER LIGHT DUTY DRA'MNG NUMBER 7!Z6/Z()IZ M-2 -'y-22.69" Dio. Cover Drill and top for 0.625" X 20 UNC Thread, 1.50" Deep Cbore 1.625" Dia. X 0.625" Deep :I> I> • " • I> Drill ond top for 0.625" X 20 ur~c Theord, 1.50" Cbore 1 .625" Dla. X Outer Cover .. • p . . ~. .. . . M-1 Detail: .. • p COVER TO FRAME Drill and top for 0.625" X 20 I UNC Thread, 1.50" Deep Cbore 1.625" Dio. X 0.625" Deep t--...:._ ___ 6.94" ----..; M-3A Detail: INNER COVER TO OUTER COVER M-1 COVER AND FRAME BOLT PlACEMENT (See Note 3) Frome rBolt Position / Indicator ~::::::f~:::,.._ Outer Cover M-3 CONCENTRIC COVERS AND FRAME BOLT PlACEMENT (See Note 3) -Ay--36" Dio. (Ref.) -~ 36.32" Dio. .. . .. .. M-38 Detail: OUTER COVER TO FRAME NQITES: NEOPRENE 0-RING GROOVE DETAIL 0.125" R Groove 1. 0.625" X 20 UNC THREAD, 316 STAINLESS STEEL SOCKET HEAD CAP SCREW AND 1.50" O.D. X 0.6B7" 1.0. X D.078" THICK 316 STAINLESS STEEL WASHER. 2. 0.25" NEOPRENE 0-RING GASKET SHALL BE .. , ... GLUED INTO MACHINED GROOVE. GLUE SHALL MEET THE REQUIREMENTS OF MIL-M-81288 (AMEND. 1) 3. BOLTOOWN PATTERNS: • M-1 DETAIL (24" COVER & FRAME): INSTALL TWO (2) BOLTS AT 180 DEGREES. • M-3A DETAIL (CONCENTRIC COVERS): BETWEEN INNER AND OUTER COVERS INSTALL TWO (2) BOLTS AT 180 DEGREES. • M-3B DETAIL (OUTER COVER & FRAME): BETWEEN OUTER COVER & FRAME INSTALL FOUR (4) BOLTS AT 90 DEGREES. SAN DIEGO REGIONAL STANDAI~D DRAWING RECOMIAENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE MANHOLE COVER -LOCKI~IG DEVICE ORA'MNG NUMBER 7(Z6/ZOIZ Dote M-4 TYPE CORD ;tJRRA~CE::....:....DR---A---IN ___ ~ <fMcxfJs PsJ Norr 4) NATURAL GROUND SURFACE TYPICAL CUT SLOPE REMOVE SOIL MANTLE TO COMPETENT MATERIAL NATURAL GROUND SURFACE FINISHED GRADE '----5,; TYPICAL FILL SLOPE H in feet 0 less than 10' 2' 10'-20' (H/5)' MIN. 10 b 3.5' 4' in N SUBOI\1SION BOUIC>RY over 20' 4+H/10' (10' MAX) H/5'(10'mox.} SETBACKS SEE TABLE BELOW FOR L VALUES 4' 2% H IN FEET LIN FEET o'-5' - 5'-20' 2.5' · SEE DETAJL A 20'-40' 5' OVER 40' 10' SLOPE ROUNDING DETAIL (DOES NOT APPLY TO SIDE SLOPES BETWEEN RESIDENTIAL UNITS) in N BENCHES REQUIRED FOR NATURAL GROUND SLOPE GREATER THAN 5: 1 NC)TES ,.., :J: 5 z ~ 1). ALL FILL MUST BE COMPACTED TO A MINIMUM or 90,; or THE MAXIMUM DENSITY WITH THE EXCEPTION OF THE OUTER s• or THE SLOPE SURFACE YttiiCH MAY BE GRID ROLLED TO 857. DEN Sin'. DETAIL A 2). CUT SLOPES TO 40' REQUIRE NO BENCH. CUT SLOPES OVER 100' REQUIRE ONE MIN. 20' BENCH MIDWAY ON SILOPE. 3). FILL SLOPES TO 30' REQUIRE NO BENCH. FILL SLOPES OVER 100' REQUIRE ONE MIN. 210' BENCH MIDWAY ON SLOPE. 4}. AS MODIFIED BY CITY OF CARLSBAD ENGINE:ERING STANDARDS. ~R~E~V.~AP~P~R~OV~E~D ~D~A~TE~----~C~IT~Y~O~F~C~A~R~L~S1;•3~AD~--~~~ 62_._· ~6-~04~ GRADING OF SLC)PES AND REQUIRED SETBACKS CITY ENGINEER DATE SUPPLEMENTAL GS 14 STANDARD NO. - APPENDIX M CITY OF CARLSBAD STANDARD NOTES SIGNING AIND STRIPING PLANS CITY OF CARLSBAD STANDARD NOTES FOR SIGNING AND STRIPING PLANS GENERAL NOTES: 1. The contractor is responsible for installation/replacement of all signing and striping. 2. All signing, striping and pavement markings shall confo)rm to the California Manual on Uniform Traffic Control Devices (latest version), the Caltrans St;andard Plans and Specifications (latest version), these plans and the Special Provisions. 3. All signing and striping is subject to the approval of the Transportation Director or his representative, prior to installation. 4. Any deviation from these signing and striping plans shall be approved by the Transportation Director or his representative prior to any change in the field. 5. All striping shall be reflective per Caltrans specificatie>ns. Striping shall be repainted two weeks after initial painting. 6. All signage shall be reflective per ASTM Designation 104956 and shall use Type IV prismatic reflective sheeting (High Intensity Prismatic or equal) unless otherwise specified. R1-1 "STOP", R1-2 "YIELD", R2-1 "SPEED LIMIT" and :street name signs shall use Type IX prismatic cube-corner reflective sheeting (Diamond Grade VIP or equal). 7. Prior to final acceptance of street improvements, all st1reet striping and markings within a 500' perimeter of the construction project will be restored to a "like new" condition, in a manner meeting the approval of the City Inspector. 8. Exact location of striping and stop limit lines shall be approved by the Transportation Director or his representative prior to installation. 9. Contractor shall remove all conflicting painted lines, markings and pavement legends by grinding. Debris shall be promptly removed by the contractor. 10. All pavement legends shall be the latest version of the Caltrans stencils. 11 . Limit lines and crosswalks shall be field located. Crosswalks shall have 1 0' inside dimension unless otherwise specified. 12. All crosswalks, limit lines, stop bars, pavement arrows and pavement legends shall be thermoplastic unless otherwise specified. Preformed thermoplastic arrows and legends shall not be acceptable. 13. All signs shall be standard size as shown in the California MUTCD unless otherwise specified. 14. Sign posts shall be square perforated steel tubing with breakaway base per San Diego Regional Standard Drawing M-45. 15. When a sign is attached to a pole, it shall be mount•ed using a standard City of Carlsbad approved mounting bracket with straps. 16. Existing signs removed by the contractor shall be deliivered by the contractor to the City of Carlsbad Public Works Yard at 405 Oak Avenue. 17. All signs shown on these plans shall be new signs pmvided and installed by the contractor except those signs specifically shown as existing to be relocated or to remain. 18. Fire hydrant pavement markers shall conform to the California MUTCD and San Diego Regional Standard Drawing M-19. 19. Lettering on ground-mounted street name signs on multi-lane streets with a speed limit greater than 40 mph shall be 8" upper case and 6" lower-easeL Lettering on ground-mounted street name signs on streets with a speed limit of 25 mph or less shall be 4" upper case and 3" lower case. Lettering on all other ground-mounted street name signs shall be 6" upper-case and 4.5" lower-case. Lettering font shall be Clearview. Supplemental lettering such as suffixes, block numbers and directional arrows shall be at least 3" high. 20. Street name sign blanks shall be flat (non-extruded!) and street name posts shall be a minimum 12-gage, 1%" square tubing per San Diego Hegional Standard Drawing M-45. 21 . Where R6-1 "ONE WAY" signs are installed in a raised median, the bottom of the sign shall be 18" above the finished surface of the median. 22. Where OM1-3 object markers are installed in a raised median, the bottom of the sign shall be 24" above the finished surface of the median. 23. Where R4-7 sign and OM1-3 object marker are to be installed in a median less than 3 feet wide, the R4-7 sign shall be 18"x24" and the OM1 -3 object marker shall be 12"x12". 24. All median noses and flares shall be painted yellow. 25. Existing "STOP" and "STOP AHEAD" signs and pavement legends shall not be removed until traffic signals are operational or until directed by the Transportation Director or his representative. 26 . New "SIGNAL AHEAD" signs and pavement legends shall not be installed until traffic signals are operational or until directed by the Transportation !Director or his representative.