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Nature's Image; 2008-02-12; PWS08-14ENG
FIRE STATION #6 COASTAL SAGE SCRUB MITIGATION CONTRACT NO. PWS08-14ENG NATURE'S IMAGE INC. c c CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS & GENERAL PROVISIONS FOR FIRE STATION NO. 6 COASTAL SAGE SCRUB MITIGATION CONTRACT NO. 3901-A BID NO. PWS08-14ENG Revised 11/01/06 Contract No. 3901-A Page 1 of 100 Pages TABLE OF CONTENTS Item Page Notice Inviting Bids 6 Contractor's Proposal 10 Bid Security Form 15 Bidder's Bond to Accompany Proposal 16 Guide for Completing the "Designation Of Subcontractors" Form 18 Designation of Subcontractor and Amount of Subcontractor's Bid Items 20 Bidder's Statement of Technical Ability and Experience 21 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation 22 Bidder's Statement of Re Debarment 23 Bidder's Disclosure of Discipline Record 24 Non-Collusion Affidavit to Be Executed by Bidder and Submitted with Bid 26 Contract Public Works 27 Labor and Materials Bond 33 Faithful Performance/Warranty Bond 35 Optional Escrow Agreement for Surety Deposits in Lieu of Retention 37 0Revised 11/01/06 Contract No. 3901-A Page 2 of 100 Pages GENERAL PROVISIONS Section 1 Terms, Definitions Abbreviations and Symbols 1-1 Terms 40 1-2 Definitions 41 1-3 Abbreviations 45 1-4 Units of Measure 48 Section 2 Scope and Control of The Work 2-1 Award and Execution of Contract 50 2-2 Assignment 50 2-3 Subcontracts 50 2-4 Contract Bonds 51 2-5 Plans and Specifications 52 2-6 Work to be Done 55 2-7 Subsurface Data 55 2-8 Right-of-Way 56 2-9 Surveying 56 2-10 Authority of Board and Engineer 57 2-11 Inspection 58 Section 3 Changes in Work 3-1 Changes Requested by the Contractor 58 3-2 Changes Initiated by the Agency 58 3-3 Extra Work 60 3-4 Changed Conditions 62 3-5 Disputed Work 63 Section 4 Control of Materials 4-1 Materials and Workmanship 67 4-2 Materials Transportation, Handling and Storage 71 Section 5 Utilities 5-1 Location 72 5-2 Protection 72 5-3 Removal 73 5-4 Relocation 73 5-5 Delays 74 5-6 Cooperation 74 Section 6 Prosecution, Progress and Acceptance of the Work 6-1 Construction Schedule and Commencement of Work 74 6-2 Prosecution of Work 74 6-3 Suspension of Work 75 6-4 Default by Contractor 75 6-5 Termination of Contract 76 6-6 Delays and Extensions of Time 76 6-7 Time of Completion 77 6-8 Completion, Acceptance, and Warranty 78 6-9 Liquidated Damages 78 6-10 Use of Improvement During Construction 79 Revised 11/01/06 Contract No. 3901-A Page 3 of 100 Pages Section 7 Responsibilities of the Contractor 7-1 Contractor's Equipment and Facilities 79 7-2 Labor 79 7-3 Liability Insurance 80 7-4 Workers' Compensation Insurance 80 7-5 Permits 80 7-6 The Contractor's Representative 81 7-7 Cooperation and Collateral Work 81 7-8 Project Site Maintenance 82 7-9 Protection and Restoration of Existing Improvements 84 7-10 Public Convenience and Safety 84 7-11 Patent Fees or Royalties 88 7-12 Advertising 89 7-13 Laws to be Observed 89 7-14 Antitrust Claims 89 Section 8 Facilities for Agency Personnel (Not Applicable) Section 9 Measurement and Payment 9-1 Measurement of Quantities for Unit Price Work 90 9-2 Lump Sum Work 90 9-3 Payment 90 Revised 11/01/06 Contract No. 3901-A Page 4 of 100 Pages SUPPLEMENTAL PROVISIONS TO PARTS 2 AND 3 OF THE SSPWC Part 2 Construction Materials Section 212 Landscape and Irrigation Materials 212-1 Landscape Materials 94 Part 3 Construction Methods Section 308 Landscape and Irrigation Installation 308-2 Earthwork and Topsoil Placement 97 308-4 Planting 98 308-8 Measurement and Payment 100 TECHNICAL SPECIFICATIONS Section 02930 - Coastal Sage Scrub Mitigation Area Landscape Specification APPENDICES Appendix A U.S. Fish and Wildlife Service and California Department of Fish and Game Minor Adjustment to the City of Carlsbad Habit Conservation Plan, issued on January 17, 2007. Appendix B Coastal Sage Scrub Mitigation Plan for Carlsbad Fire Station No. 6, dated May 2007 Revised 11/01/06 Contract No. 3901-A Page 5 of 100 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS UNTIL 2:00 PM ON DECEMBER 20, 2007, 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: FIRE STATION NO. 6 COASTAL SAGE SCRUB MITIGATION CONTRACT NO. 3901-A BID NO. PWS08-14ENG 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 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The 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 and specifications as approved by the City Council of the City of Carlsbad on file with the Engineering Department. The specifications for the work include City of Carlsbad Technical Specifications and the Standard Specifications for Public Works Construction. Sections 2 & 3. 2006 Edition, all hereinafter designated "SSPWC" as issued by the Southern California Chapter of the American Public Works Association, as amended. Specification Reference is hereby made to the plans and specifications for full particulars and description of the work. The General Provisions (Part 1) to the SSPWC do not apply. The 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. Revised 11/01/06 Contract No. 3901-A Page 6 of 100 Pages BID DOCUMENTS The documents which comprise the Bidder's proposal and that must be completed and properly executed including notarization where indicated are: 1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit 4. Designation of Subcontractor and Amount of Subcontractor's Bid 5. Bidder's Statement of 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 City's Estimate of the cost of this project is $50,000. 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: C-27 - Landscaping. ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS Sets of plans, 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. Revised 11/01/06 Contract No. 3901-A Page 7 of 100 Pages INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, ^^ specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the 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. 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. Revised 11/01/06 Contract No. 3901-A Page 8 of 100 Pages BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the 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. Date / Deputy Clejk xH PUBLISH: November 17, 2007 Revised 11/01/06 Contract No. 3901-A Page 9 of 100 Pages Natures Image, Inc. CITY OF CARLSBAD FIRE STATION NO. 6 COASTAL SAGE SCRUB MITIGATION CONTRACT NO. 3901 -A CONTRACTOR'S PROPpS^NED,vmNESSEDAND City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DATE SIGNATURE 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. 3901-A 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: Approximate Item Quantity Unit No. Description and Unit Price 1 Soil Preparation and LS $ L.S. Application of Hydroseed Mix for Coastal Sage Scrub Areas at Eight Thousand Four Hundred ninety Dollars (Lump Sum) 2 5-Year Maintenance Period LS S L.S. $ 17,601.00 for CSS Mitigation Areas atSeventeen Thousand Six Kiind-red and One Dollars (Lump Sum) Installation and Removal of LS $ LS. $ 8,102.00 Temporary Irrigation System for 0.31 Ac. Mitigation Area atEight Thousand One and Twn Dollars (Lump Sum) Revised 11/01/06 Contract No. 3901-A Page 10 of 100 Pages Natures Image, Inc. Approximate Item Quantity Unit No. Description and Unit Price Total 4 Installation and Removal of 1.200LF $ 3.50 $ 4,200.00 4-Foot High Temporary Chain Link Fence at Three Dollars and Fifty Cents Dollars per Lineal Foot Total amount of bid in words:Thirty Eight Thousand Three Hundred Ninety Three Dollars Total amount of bid in numbers: $ 38, 393 . 00 Price(s) given above are firm for 90 days afterdate of bid opening. Addendum(a) No(s). N/A has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number 720513 , classification C27 which expires on 3/31/08 , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. 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 Bidder's Bond (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. Revised 11/01/06 Contract No. 3901-A Page 11 of 100 Pages Check A License: Contractor's License Detail Skip to: CSLB Home | Content Footer [ Accessibility Page 1 of2 Search CSLB .Gbv CONTRACTORS STATE LICENSE BOARD 01 CONSUMERS CONTRACTORS 03 APPLICANTS 04 JOURNEYMEN 05 PUBLIC WORKS ye or BUILDiNG OFFICIALS : GENERAUNFQ About CSLB CSLB Newsroom Board and Committee Meetings Disaster Information Center CSLB Library Frequently Asked Questions Online Services . Check A License or HIS Registration . Filing a Construction Complaint . Processing Times . Check Application Status • Search for a Surety Bond Insurance Company . Search for a Workers' Compensation Company How to Participate DISCLAIMER: A license status check provides information taken from the CSLE license database. Before relying on this information, you should be aware of the folio limitations. . CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is subject to pi complaint disclosure, a link for complaint disclosure will appear below. Click on the link o obtain complaint and/or legal action information. . Per B&P 7071.17, only construction related civil judgments reported to the CSLB are dis' . Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitr . Due to workload, there may be relevant information that has not yet been entered onto ft license database. License Number: Business Information: Entity: Issue Date: Expire Date: License Status: Classifications: Bonding: Workers' 720513 Extract Date: 12/207: NATURES IMAGE INC 20472 CRESCENT BAY SUITE 102 LAKE FOREST, CA 92630 Business Phone Number: (949) 454-1225 Corporation 03/27/1996 03/31/2008 This license is current and active. All information below she be reviewed. CLASS DESCRIPTION C27 LANDSCAPING CONTRACTOR'S BOND This license filed Contractor's Bond number 6138920 in the amount of $12,500 with the bonding company SAFECO INSURANCE COMPANY OF AMERICA. Effective Date: 01/01/2007 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) MICHELLE l\ COLLOM CARUANA certified that he/she owns 10 perc or more of the voting stock/equity of the corporation. A t of qualifying individual is not required. Effective Date: 05/08/1998 This license has workers compensation insurance with the http://www2.cslb.ca.gov/General-Information/interactive-tools/... 12/20/2007 Check A License: Contractor's License Detail Page 2 of 2 Compensation: DEPARTMENT OF INDUSTRIAL RELATIONS Policy Number: 4503-068 Effective Date: 07/01/2005 Expire Date: None Workers' Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. Personnel List Other Licenses Consumers | Contractors | Applicants | Journeymen | Public Works | Building Officials | General Ir CSLB Home | Conditions of Use | Privacy | Contact CSLB Copyright © 2007 State of California http://www2.cslb.ca.gov/General-Information/interactive-tools/... 12/20/2007 Natures Image, Inc. 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: N/A (1) Name under which business is conducted (2) Signature {given and surname) of proprietor (3) Place of Business (Street and Number) City and State (4) Zip Code Telephone No. (5) E-Mail IF A PARTNERSHIP. SIGN HERE: (1) Name under which business is conducted. (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business. (Street and Number) City and State (4) Zip Code Telephone No. _ (5) E-Mail Revised 11/01/06 Contract No. 3901-A Page 12 of 100 Pages IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted Natures image, inc. XSignature) President (Title) Impress Corporate Seal here (3) incorporated under the laws of the State of California (4) Place of Business 20472 Crescent bay Drive, Suite 102 (Street and Number) City and State Lake Forest, CA (5) Zip Code 9263° Telephone No. (949) 454~1225 ,-, — y ., ni@naturesiraage.net NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED Revised 11/01/06 Contract No. 3901-A Page 13 of 100 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of &/2\ ft A On DUO' £0, ^007 . Date personally appeared " before me ss. , AJiL? /-/" Name and Title of Officer (e.g., "Jane Doe, Notary Public") Name(s) of Signer(s) NIKI H. HOWREY COMM...1 643298 n NOTARYPUBUC-CALIFORNIA H ORANGE COUNTY U My Term £xp. March 2, 2010 | D personally known to me ^proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)(1s^bfe-subscribed to the within instrument and acknowledged torne that tre/shjp/tlrcy executed the same in hrs/^/trreir autnofized capacity(ies), and that by bis(her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:. Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Signer Is Representing: Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder. Call Toll-Free 1-800-876-6827 Natures Image, Inc. List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: Michelle Caruana - President, Secretary, Treasurer John Caruana - Vice President Revised 11/01/06 Contract No. 3901-A Page 14 of 100 Pages Natures Image, Inc. BID SECURITY FORM (Check to Accompany Bid) FIRE STATION NO. 6 COASTAL SAGE SCRUB MITIGATION CONTRACT NO. 3901-A (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 N/A dollars ($ ), this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. . BIDDER 'Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed—the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) Revised 11/01/06 Contract No. 3901-A Page 15 of 100 Pages natures image Natures Image, Inc. 20472 Crescent Bay Dr. Suite 102 Lake Forest, CA. 92630 P 949 454 1225 F 949 454 1215 www.naturesimage.net CL720513 CORPORATE RESOLUTION I hereby certify that a meeting duly called, of the Board of Directors of Natures Image. Inc.. a corporation, held on the 15th day of February. 2002 at which said meeting a quorum was present and acting throughout, the following preamble and resolution was adopted and ever since has been and now is in full force effect. RESOLVED: The President, Vice-President, the Secretary and/or Treasurer of this Corporation are authorized to execute contract documents or to execute a bid submittal. In witness whereof, I hereunto set my hand and affix the seal of this Corporation on this 12th day of June, 2003. Signature of Secretary Corporate Seal BIDDER'S BOND TO ACCOMPANY PROPOSAL FIRE STATION NO. 6 COASTAL SAGE SCRUB MITIGATION CONTRACT NO. 39D1-A KNOW ALL PERSONS BY THESE PRESENTS: we, NATURES IMAGE, INC. _ > as principal, and FIRST NATIONAL INSURANCE COMPANY OF AMERICA as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) TEN PERCENT OF THE TOTAL AMOUNT BID for ^\^ payment, well and truly made, we bfnd ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents, THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that If the proposal of the above- bounden Principal for FIRE STATION NO. 6 COASTAL SAQE SCRUB MITIGATION CONTRACT NO. 3901-A In the City of Carlsbad, Is accepted by the City Council, and if the Principal shall duly enter Into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of satd award, then this obligation shall become null and void; otheiwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. Revised 11/01/06 Contract No. 1901-A page 16 of 100 Pages In the event Principal executed this bond as an individual, ft Is agreed that the death of Principal shall not exonerate the Surety from Its obligations under this bond. Executed by PRINCIPAL this. PRINCIPAL: NATURES IMAGE, INC. day of DECEMBER § 2p 07 (print name here) f Signatory) ^T" (print name here) Executed by SURETY this Of DECEMBER ' 17TH -.2007 .day (title and organization of signatory) SURETY: FIRST NATIONAL INSURANCE COMPANY OF AMERICA (name of Surety) 120 VANTIS, ALISO VIEJO, CA 92656 (address of Surety) 949-860-6620 (telephone number of Surety) "^ (signature of Attomey-in-Fact) ^-—- J3WIGHT REILLY_ (printed name of Attomey-Jn-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By. City Attorney Revised 11/01/06 Contract No. 3901-A Poge 17 of 100 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT personally known to me D proved to me on the basis of satisfactory evidence to be the personfs) whose name^e) is/are subscribed to the within instrument and acknowledged to me that he/oho/thoy executed the same in his/her/their authorized capacity(ie3), and that by his/her/thoir signature^on the instrument the persortfe), or the entity upon behalf of which the person^ acted, executed the instrument. WITNESS my hand and official seal. State of California County of ALLISON RITTO, NOTARY PUBLICOn DECEMBER 17th 2007. before me, Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") DWIGHT REILLYpersonally appeared ALLISON RITTO Commission* 1537464 Notary PubHc - California Orange County My Comm. Expires Dec 23,2008 Place Notary Seal Above OPTIONAL Description of Attached Document Title or Type of Document: DECEMBER 17th, 2007Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: D Individual DWIGHT REILLY D Corporate Officer — Title(s): D Partner — D Limited D General Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: Signature of Notary Public ALLISON RITTO Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Number of Pages:. FIRST NATIONAL INSURANCE COMPANY OF AMERICA Top of thumb here SAFECO*POWER F|RST NATIONAL INSURANCE COMPANY OF AMERICA OF ATTORNEY PO BOX 34526 FIRST NATIONAL SURETY SEATTLE. WA 98124-1526 PO BOX 34526 SEA'ITIJi, WA 98124-1526 No. 9551 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint .,,,„,.,.„,,,.».,,,,,,.,,*t,,,,.,,,.„*,,„.,,,,, j DUECK; DWIGHT REILLY; Anaheim, California""*** its true and lawful attomey(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this Ilih day of January , 2005 CHRISTINE MEAD, SECRETARY _ MIKE HCGAVICK, PRESIDENT CERTIFICATE Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business.. . On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seat shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL-INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 1 3 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Christine Mead, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 17th _ dayof DECEMBER . 2007 . CHRISTINE MEAD, SECRETARY S-1049/FNEF 7/98 ® A registered trademart of SAFECO Corporation 01/11/2005 PDF CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ss. On ~ . Date/ personally appeared - before me,, D iLi tf> NIKIH. HOWREY COMM...1 643298 NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY My Tena By. March 2. 2010 HW Name{s) of Signer(s) D personally known to me ^C proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) (\$)afe subscribed to the within instrument and acknowledged to me thaLte/^Fje/they executed the same in hHS^nejhrtetr authorized capacity(ies), and that by kie/£er$hetr signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ,.e* */• ""sTgnature of Pfotary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:. Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: IRIGHTTHUMBPRINTOF SIGNER Top of thumb here Signer Is Representing:_ © 1999 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 Company Profile Page 1 of 2 Company Profile FIRST NATIONAL INSURANCE COMPANY OF AMERICA SAFECO PLAZA SEATTLE, WA 98185-0001 800-332-3226 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 24724 NAIC Group #: 0163 California Company ID #: 0978-7 Date authorized in California: January 03, 1929 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: WASHINGTON Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area http://interactive.web.insurance.ca.gov/webuser/idb_co_prof_ut... 12/20/2007 Company Profile Page 2 of 2 Financial Rating Organizations Last Revised - December 11, 2007 03:32 PM Copyright © California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_cojprof_ut... 12/20/2007 Natures Image, Inc. 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 Genera! Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be preformed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor- installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Revised 11/01/06 Contract No. 3901-A Page 18 of 100 Pages Natures Image, Inc. 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. 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 11/01/06 Contract No. 3901-A Page 19 of 100 Pages Natures Image, Inc. DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) FIRE STATION NO. 6 COASTAL SAGE SCRUB MITIGATION CONTRACT NO. 3901-A The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency, SUBCONTRACTOR'S BID ITEMS Portion of Work Hydros eedinq Subcontractor Name and Location of Business HydroSprout Subcontractor's License No. and Classification* C27-582303 Amount of ,Work by Subcontractor in Dollars* $ 1, 848.50 Page 1 of 1_ pages of this Subcontractor Designation form Pursuant lo 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." oRevised 11/01/06 Contract No. 3901-A Page 20 of 100 Pages Natures Image, Inc. BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) FIRE STATION NO. 6 COASTAL SAGE SCRUB MITIGATION CONTRACT NO. 3901-A The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. Provide a minimum of 3 references. !Date, Contract Completed See Attac < i. Name and Address of the Employer ied « ?%1 > ( *' Name and Phone No", of Person to' Contract Type of Work / Amount of Contract Revised 11/01/06 Contract No. 3901-A Page 21 of 100 Pages NATURES IMAGE, INC. BIDDERS REFERNCES * Sanfa Barabara Airfield Area I Restoration and Creek Corridor Clearing ****** Santa Barbara, CA Owner: City of Santa Barbara Contact: Owen Thomas, City of Santa Barbara Phone: (805) 692-6018 Fax: (805)964-1380 601 Firestone Road, Santa Barbara, CA 93117 Project Dates: 9/05 - 3/07 Contract Amount: $2,047,474.03 Type of services performed: 12 acres of creek corridor clearing, grading, BMP Installation, site preparation, irrigation installation, fence installation, planting, seeding and maintenance »:* Tonner Hills Brea, CA Owner: Nuevo Energy Company / PXP / Shea Homes Contact: John Ullom, Ullom Associates Phone:(425)836-2728 Fax: (425)836-2870 16149 Redmond Way, Suite 401, Redmond, WA 98052 Project Dates: 2/03 - Present (in ongoing maintenance) Contract Amount: $2,523,397.18 Type of services performed: 5 projects totaling 132.5 acres of riparian, coastal sage scrub and walnut woodland restoration including site preparation, planting, seeding, design and installation of irrigation system and maintenance. * Hill Canyon WWTP Thousand Oaks, CA Owner: City of Thousand Oaks Contact: James Gorham, CH2M Hill (714) 429-2020 Phone: (714)429-2020 Fax: (714)429-2050 3 Hutton Centre Drive, Santa Ana, CA 92707 Project Dates: 9/03 - Present (in ongoing maintenance) Contract Amount: $793,516.00 Type of services performed:8 acres of wetland, march and riparian restoration including Arundo removal, irrigation installation, planting, seeding, erosion control and maintenance. «:» Serrano Creek Habitat Restoration Lake Forest, CA Owner: County of Orange Contact: Ralph Maples, County of Orange Phone: (714)567-7826 Fax: (714)567-7813 P.O. Box 4048, Santa Ana, CA 92702-4048 Project Dates: 3/03 - 6/04 Contract Amount: $325,762.50 Type of services performed: 9.2 acres of riparian, sycamore woodland, upland oak woodland, coastal sage scrub, willow mulefat scrub restoration including site ***"*' preparation, Arundo donax eradication, planting, seeding, erosion control, irrigation system installation and maintenance. Page 1 of2 Sunny Creek Carlsbad, CA Owner: Harry Gateway Ivy Ranch Contact: Sally Davis, Biologist, Glenn Lukos Associates Phone: (949)837-0404 Fax:(949)837-5834 29 Orchard, Lake Forest, CA 92630 Project Dates: 1/01 - 12/05 Contract Amount: $112,791.50 Type of services performed: 1.84 acres of riparian restoration including planting, seeding, irrigation system and maintenance. City ofLaauna Hills Wetland-Southwestern Turtle Pond Migration Plan Laguna Hills, CA Owner: City of Laguna Hills Contact: Pam DeVries, Bonterra Consulting Phone (626) 351-2000 Fax (626) 351-2030 320 N. Halstead Street, Pasadena, CA 91107 Project Dates: 3/02 - 5/03 Contract Amount: $103,787.16 Type of service performed: irrigation installation, planting riparian and wetland species, hydroseeding, and maintenance. Page 2 of2 Natures Image, Inc. BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) FIRE STATION NO. 6 COASTAL SAGE SCRUB MITIGATION CONTRACT NO. 3901-A As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: D Comprehensive General Liability D Automobile Liability D Workers Compensation D Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids 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. Revised 11/01/06 Contract No. 3901-A Page 22 of 100 Pages ACORD^ CERTIFICATE OF LIABILITY INSURANCE (£ggDUCER (949)852-0909 FAX: (949)852-1131 .^lestone Risk Management & Insurance Agency License No. OB72766 8 Corporate Park, Ste 130 Irvine CA 92606 INSURED Natures Image, Inc. 20472 Crescent Bay, Ste. 102 Lake Forest CA 92630 DATE (MM/DD/YYYY) 1/8/2008 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURER A: AXIS Specialty Insurance INSURER B: Hartford Fire Ins Co 19682 iNSURERC:AXIS Surplus Insurance INSURER D. INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRLTR A B C B ADD'L NSRD X X TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY 1 CLAIMS MADE | X | OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: 1 POLICY 1 X I JECT 1 | LOC AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON-OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS/UMBRELLA LIABILITY X 1 OCCUR 1 | CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below OTHER Leased/Rented Equipment POLICY NUMBER EAU73362607 72UTJNVZ8030 EAU733634012007 72HSVZ8446 POLICY EFFECTIVEDATE (MM/DD/YY) 7/1/2007 7/1/2007 7/1/2007 7/1/2007 POLICY EXPIRATIONDATE (MM/DD/YY) 7/1/2008 7/1/2008 7/1/2008 7/1/2008 LIMITS EACH OCCURRENCE DAMAGE TO RENTEDPREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT OTHER THAN EAACC AUTO ONLY: AQG EACH OCCURRENCE AGGREGATE E.L. E.L. WC STATU- OTH-TORY LIMITS ER EACH ACCIDENT DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ 1,000,000 $ 50,000 $ 5,000 $ 1,000,000 $ 2,000,000 $ 2,000,000 $ 1,000,000 $ $ $ $ $ $ $ 5,000,000 $ 5,000,000 $ $ $ $ $ $ Max Limit $100,000 Deductible $500 RE: Firestation No. 6. The City of Carlsbad, its officials, employees and volunteers are named as additional insured hereunder as respects liability arising out of activities performed by or on behalf of the Named Insured. Coverage under this policy shall be primary and non- contributing with any other insurance available to the City of Carlsbad. Endorsements attached. *10 days notice of cancellation for non-payment of premium. CERTIFICATE HOLDER CANCELLATION W ^, City of Carlsbad Public Works Purchasing Department Attn: Kevin Davis 1635 Faraday Avenue Carlsbad, CA 92008-7314 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL * 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE _ C Sariana/TEMP L/2£/l£St^CH-£s ^O/t^C^HG~^ ACORD 25 (2001/08) INS025(Oi08).08a © ACORD CORPORATION 1988 Page 1 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) INS025(0108).08a Page2of2 EAU733626207 TfflS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED. OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Location(s) Of Covered Operations Name Of Additional Insured Person(s)Or Organization(s): Any person or organization that the insured is required by written contract to name as an Additional Insured. It is agreed that such insurance as is afforded by this policy for the benefit of the Additional Insured shall be primary insurance as respects any claim, loss or liability caused in whole or in part by the Named Insured(s) operations, and any other insurance maintained by the Additional Insured shall be excess and non-contributory with the insurance provided hereunder Locations(s) of Covered Operations 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", "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 additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. 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 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended 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. CG 2010 07 04 ISO Properties, Inc. 2004 Page 1 of 1 Policy Number: EAU73362607 Commercial General Liability CG 20 37 10 01 THIS ENDORESMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization that the insured is required by written contract to name as an additional insured. Location And Description of Completed Operations: Additional Premium: Included (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II - Who is an Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described hi the schedule of this endorsement performed for that insured and included in the "products - completed operations hazard". CG 20 37 07 04 COMMERCIAL AUTOMOBILE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED A. Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown in the Declara- tions is amended to include: (1) Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is a partnership, joint venture or limited liability company (b) That is an "insured" under any other policy, (c) That has exhausted its Limit of Insurance under any other policy, or (d) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.1. - WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add: d. Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Lessors as Insureds Paragraph A.1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: e. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor and (2) The "auto" is leased without a driver. Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. 2. AUTOS RENTED BY EMPLOYEES Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. The OTHER INSURANCE Condition is amended by adding the following: If an "employee's" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. Form HA 99 16 03 02 © 2001, The Hartford (Includes copyrighted material of ISO Properties, Inc., with its permission.) Page 1 of 3 3. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FELLOW EMPLOYEE - of SECTION II - LIABILITY COVERAGE does not apply if you have workers' compensation insurance in-force covering all of your "employees". Coverage is excess over any other collectible insurance. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow, subject to the following limit. The most we will pay for "loss" to any hired "auto" is: (1) $50,000; (2) The actual cash value of the damaged or stolen property at the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover 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, subject to a maximum of $1000 per "accident". This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. 5. PHYSICAL DAMAGE - ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provided a limit of $50 per day and a maximum limit of $1,000. 6. LEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, if a long-term leased "auto" is a covered "auto" and the lessor is named in the policy as a Loss Payee, we will pay in the event of a total "loss" your additional legal obligation to the lessor for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the lease. "Outstanding balance" means the amount you owe on the lease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees. 7. AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. 8. SOUND RECEIVING AND TRANSMITTING EQUIPMENT - BROADENED COVERAGE Paragraphs B.4.c. & d. - EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE do not apply to equipment designed solely for receiving or transmitting sound and accessories used with such equipment, provided such equipment is permanently installed in the covered "auto" at the time of the "loss" or such equipment is removable from a housing unit which 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". 9. EXTRA EXPENSE - BROADENED COVERAGE Under Paragraph A. - COVERAGE - of SECTION III - PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. 10. GLASS REPAIR - WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. Form HA 99 16 03 02 Page 2 of 3 11. TWO OR MORE DEDUCTIBLES Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: If another Hartford Financial Services Group, Inc. company policy or coverage form that is not an automobile policy or coverage form applies to the same "accident", the following applies: (1) If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; (2) If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 14. HIRED AUTO - COVERAGE TERRITORY Paragraph e. of GENERAL CONDITIONS 7. - POLICY PERIOD, COVERAGE TERRITORY - of SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: e. For short-term hired "autos", the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "insured's" responsibility to pay damages for "bodily injury" or "property damage" is determined in a "suit," the "suit" is brought in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. 15. WAIVER OF SUBROGATION TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - of SECTION IV - BUSINESS AUTO CONDITIONS is amended by adding the following: We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. 16. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" in SECTION V- DEFINITIONS is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. 17. EXTENDED CANCELLATION CONDITION Paragraph 2. of the COMMON POLICY CONDITIONS - CANCELLATION - applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. Form HA 99 16 03 02 Page 3 of 3 ACORD^ CERTIFICATE OF LIABILITY INSURANCE OPID^ DA™7 D/^' PRODUCER California Contractors Network , Inc . 3J,51 Convention Center Wy #203 tario CA 91764 *fnone : 800-592-0047 Fax : 800-592-2541 INSURED Natures Image , Inc .20472 Crescent Bay Ste 102 Lake Forest CA 92S30 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: California Contractors Network INSURER B: INSURER C: INSURER D: INSURER E: NAIC* COVERAGES MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN5RLTR A AQO'LNSRC TYPE OF INSURANCE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY | CLAIMS MADE [ | OCCUR GEN'L AGGREGATE LIMIT APPLIES PER:n i 1 PRO 1 1POLICY 1 | JECT 1 1 LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS/UMBRELLA LIABILITY | OCCUR | | CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? If yes, describe underSPECIAL PROVISIONS below OTHER POLICY NUMBER 4503-068 POLICY EFFECTIVEDATE (MM/DD/YY) 11/01/07 POLICY EXPIRATIONDATE (MM/DD/YY) 12/31/09 LIMITS EACH OCCURRENCE UAMAUb 1 U KbN 1 bUPREMISES (Ea occurence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE(Per accident) AUTO ONLY - EA ACCIDENT DTHFR THAN EA ACC AUTO ONLY: AGQ EACH OCCURRENCE AGGREGATE „ WC STATU- OTH-X TORY LIMITS ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $2,000,000 $2,000,000 $2,000,000 Re: Fire Station Authorized by State of California-Department of Industrial Relations -Office of the Director -Certificate to Self Insure #4503 CERTIFICATE HOLDER CANCELLATION CITCARL City of Carlsbad 1635 Faraday Ave. Carlsbad CA 92008-7314 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. f\ ZL7jE™eUf\TJj)KJU^O (JttMliUZL ACORD 25 (2001/08)© ACORD CORPORATION 1988 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) FIRE STATION NO. 6 COASTAL SAGE SCRUB MITIGATION CONTRACT NO. 3901-A 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the 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: Nature£"[mage, Inc. By: (sign here) Michelle Caruana/President (print name/title) Page 1 of 1 pages of this Re Debarment form Revised 11/01/06 Contract No. 3901 -A Page 23 of 100 Pages Natures Image, Inc. BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) FIRE STATION NO. 6 COASTAL SAGE SCRUB MITIGATION CONTRACT NO. 3901-A Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? N/A yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? N/A 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 of pages of this Disclosure of Discipline form Revised 11/01/06 Contract No. 3901-A Page 24 of 100 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) FIRE STATION NO. 6 COASTAL SAGE SCRUB MITIGATION CONTRACT NO. 3901-A 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: Natures Image, Inc. By: _ (sign Viere) Michelle Caruana/President (print name/title) Page 2 of 2 pages of this Disclosure of Discipline form oRevised 11/01/06 Contract No. 3901-A Page 25 of 100 Pages NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 FIRE STATION NO. 6 COASTAL SAGE SCRUB MITIGATION CONTRACT NO. 3901 -A State of California County Of Orange Michelle Caruana ) ) ss, ) {Name of Bidder)^ bejng ^ du|y and says that he or she is President (Title) _<Natures Image, Inc. (Name of Firm) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct and that this affidavit was executed on the 19 day of December , 20 °7 . Signatifce of Bidder Subscribed and sworn to before me on the \ c{ day of w6Cg.'C^\)e.C 20 O~l . •*»»' (A Signature of Notary Revised 1 1/01/06 Contract No. 3901 -A Page 26 of 1 00 Pages CONTRACT PUBLIC WORKS This agreement is made this /o3 — day of \?^Qff bju^tajL^ , 20d 6. by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City), and NATURE'S IMAGE. INC. whose principal place of business is 20472 Crescent Bay Suite 102 Lake Forest CA 92630 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: FIRE STATION NO. 6 COASTAL SAGE SCRUB MITIGATION CONTRACT NO. 3901-A (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, 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. Revised 11/01/06 Contract No. 3901-A Page 27 of 100 Pages 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 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. Revised 11/01/06 Contract No. 3901-A Page 28 of 100 Pages 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 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: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite oroffsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the 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. Revised 11/01/06 Contract No. 3901-A Page 29 of 100 Pages 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. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the 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 20104) 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 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. Revised 11/01/06 Contract No. 3901 -A Page 30 of 100 Pages (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above. init 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. Revised 11/01/06 Contract No. 3901-A Page 31 of 100 Pages 15. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 16. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 17. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: Nat"nrvc>s Tnr; ctor) CITY OF C the State of By: on of (sigrTrTgfe) Michelle Caruana, President (print name and title) By: (sign here) (print name and title) President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL City Attorney Revised 11/01/06 Contract No. 3901-A Page 32 of 100 Pages State of California) County of Orange) On January 25, 2008 before me, Sara Koenig, Notary Public, personally appeared Michelle Caruana who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her 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. Signature (Seal) SARA KOENIG Commteton # 1668579 Noftxy Public - CoWomto Orange County MyComm. fxptw Jun II. 20U H»-r LABOR AND MATERIALS BOND BOND #6533324 PREMIUM INCLUDED ON PERFORMANCE BOND WHEREAS, the City of Carlsbad, State of California, has administratively awarded to NATURE'S IMAGE. INC. (hereinafter designated as the 'Principal"), a Contract for: FIRE STATION NO. 6 COASTAL SAGE SCRUB MITIGATION CONTRACT NO. 3901-A in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, NATURE'S IMAGE. INC. , as Principal, (hereinafter designated as the "Contractor"), and FIRST NATIONAL INSURANCE COMPANY OF AMERICA as Surety, are held firmly bound unto the City of Carlsbad in the sum of THIRTY EIGHT THOUSAND THREE HUNDRED NINETY THREE Dollars ($38,393.00), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 3181, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 3248. This bond shall inure to the benefit of any of the persons named in California Civil Code section 3181, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised 11/01/06 Contract No. 3901 -A Page 33 of 100 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this 18th day of January , 20 08. CONTRACTOR: Natures Image, Inc. Michelle Caruana (print name here) President , Natures Image , Inc. (title and organization of signatory) By:. (sign here) Executed by SURETY this 17TH day Of JANUARY , 20 08 , SURETY: FIRST NATIONAL INSURANCE COMPANY OF AMERICA (name of Surety) 120 VANTIS, ALISO VIEJO, CA 92656 (address of Surety) 949-860-6620 (print name here) (telephone number of Surety) ^ (signature of Attorney-in-Fact) DWIGHT REILLY (printed name of Attomey-in-Fact) (attach corporate resolution showing current power of attorney) (title and organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney I Revised 11/01/06 Contract No. 3901-A Page 34 of 100 Pages State of California) County of Orange) On January 18, 2008 before me, Sara Koenig, Notary Public, personally appeared Michelle Caruana who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her 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. Signature (Seal) SARA KOENIG Commission* 1668579 Notary Public - CaMorrta Orange County My Comm. Expire* Jun1».20U ACKNOWLEDGMENT State of California County of ORANGE On January 17th 2008 before me, ALLISON RITTO, NOTARY PUBLIC (insert name and title of the officer) DWIGHT REILLYpersonally appeared who proved to me on the basis of satisfactory evidence to be the personfe) whose namefs) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity{<es), and that by his/her/their signature^) on the instrument the person(s), 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. Signature ALLISON RITTO Commission # 1537464 Notary Public - California Orange Countyorange County r My Comm. Expires Dec 23,2008f (AtLISON RITTO (Seal) SAFECO*POWER F|RST NATIONAL INSURANCE COMPANY OF AMERICA OF ATTORNEY PO BOX 34526 FIRST NATIONAL SURETY SEATTLE. WA 98124-1526 PO BOX 34526 SEATTU;, WA 98124-1526 No. 9SS1 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint„„..,.,.„,„,,.„,,,»„*„.,.„„„„,,,.„,,,,L j DUECK; DWIGHT REILLY; Anaheim, California""*** its true and lawful attomey(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this Ilih day of January , 2005 CHRISTINE MEAD. SECRETARY _ MIKE MCGAVICK, PRESIDENT CERTIFICATE Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA; "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of Its business.. . On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seat shall not be necessary to the validity of any such instrument or undertaking." Extract from_a Resolution of the Board of Directors of FIRST NATIONAUNSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Christine Mead, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 17TH _ dayof JANUARY . 2008 . CHRISTINE MEAD, SECRETARY S-1049/FNEF 7*98 ® A registered trademark of SAFECO Corporation 01/11/2005 PDF natures image CORPORATE RESOLUTION Natures Image, Inc. 20472 Crescent Bay Dr. Suite 102 Lake Forest, CA. 92630 P 949 454 1225 F 949 454 1215 www.naturesimage.net CL720513 I hereby certify that a meeting duly called, of the Board of Directors of Natures Image. Inc.. a corporation, held on the 15th day of February, 2002 at which said meeting a quorum was present and acting throughout, the following preamble and resolution was adopted and ever since has been and now is in full force effect. RESOLVED: The President, Vice-President, the Secretary and/or Treasurer of this Corporation are authorized to execute contract documents or to execute a bid submittal. In witness whereof, I hereunto set my hand and affix the seal of this Corporation on this 12th day of June. 2003. Signature of Secretary Corporate Seal PREMIUM IS FOR CONTRACT TERM AND l§ SUBJECT TO ADJUSTMENT 8ASEO ON FINAL CONTRACT PRICE BOND #6533324 PREMIUM: $1,344 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City of Carlsbad, State of California, has administratively awarded to NATURE'S IMAGE. INC. (hereinafter designated as the 'Principal"), a Contract for FIRE STATION NO. 6 COASTAL SAGE SCRUB MITIGATION CONTRACT NO. 3901 ^A in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, NATURE'S IMAGE. INC. , as Principal, (hereinafter designated as the "Contractor"), and FIRST NATIONAL INSURANCE COMPANY^F AMERICA as Surety, are held firmly bound unto the City of Carlsbad in the sum of THIRTY EIGHT THOUSAND THREE HUNDRED NINETY THREE Dollars ($38,393.00), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified 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, alteration or addition to the terms of the Contract, or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised 11/01/06 Contract No. 3901 -A Page 35 of 100 Pages In the event that Contractor is an Individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this 1 day of January _ ( 20Q8 . CONTRACTOR: Natures Image. Jnc. (name of Contractor) day of Michelle Caruana (print name here) President, Natures Image, Inc. Executed by SURETY this 17TH _ JANUARY _ . 20 08 SURETY: FIRST NATIONAL INSURANCE COMPANY OF AMERICA (name of Surety) 120 VANTIS, ALISO VIEJO, CA 92656 _ (address of Surety) 949-860-6620 _ (telephone number of Surety) By: (Title and Organization of Signatory) By: (sign here) (print name here) (signature of Attomey-in-Fact) DWIGHT REILLY (printed name of Attomey-in-Fact) (Attach corporate resolution showing current power of attorney.) (Title and Organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By. D6pu Revised 11/01/06 Contract No. 3901-A Page 36 of 100 Pages State of California ) County of Orange) On January 18, 2008 before me, Sara Koenig, Notary Public, personally appeared Michelle Caruana who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her 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. Signature (Seal) 8ARAKOENIG Committton # 1668579 Notary Public - Calltomta Orange County MyComm. Expires Jun 1», 201C ACKNOWLEDGMENT State of California County of ORANGE On January 17th 2008 _ before me, ALLISON RITTO, NOTARY PUBLIC _ (insert name and title of the officer) personally appeared DWIGHT REILLY __ who proved to me on the basis of satisfactory evidence to be the person(s) whose namefs) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(tes), and that by his/her/their signature^) on the instrument the person^, or the entity upon behalf of which the personfs) 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. *~~~^ ALLISON RITTO Commission # 1 537464 WITNESS my hand and official seal. Signature ^X^L^^rrjy/^^TO (Seal) AttlSON RITTO SAFECO'POWER FIRST NATIONAL INSURANCE COMPANY OF AMERICA OF ATTORNEY POBOXM526 FIRST NATIONAL SURETY SEATTLE. WA 93124-1526 PO BOX 34526 SEATTU-:. WA 98124-1526 No. 9551 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint*»*«..*.»«..*»*.*.,M...«.*.«*..«»...«.*....*»...|| j. DUECK; DWIGHT REILLY; Anaheim, California""*********"***"""******"**""""****** its true and lawful attomey(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this Illh day of January , 2005 CHRISTINE MEAD. SECRETARY _ MIKE MCGAVICK, PRESIDENT CERTIFICATE Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA "Article V, Section 1 3. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint Individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seat shall not be necessary to the validity of any such instrument or undertaking." Extract frorna Resolution of the Board of Directors of FIRST NATIONAL-INSURANCE COMPANY OF AMERICA adopted July 28, 1 970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 1 3 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (ill) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I. Christine Mead, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney Issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 17TH _ dayof JANUARY , 2008 . CHRISTINE MEAD, SECRETARY S-1049/FNEF 7/98 ® A resistered trademark of SAFECO Corporate! 01/11/2005 PDF OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and whose address is hereinafter called "Contractor" and whose address is hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for FIRE STATION NO. 6 COASTAL SAGE SCRUB MITIGATION CONTRACT NO. 3901-A in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. Revised 11/01/06 Contract No. 3901 -A Page 37 of 100 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: Title FINANCE DIRECTOR Name Signature Address 1635 Faraday Avenue. Carlsbad. CA 92008 For Contractor: Title Name Signature Address _ For Escrow Agent: Title Name Signature Address At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. oRevised 11/01/06 Contract No. 3901-A Page 38 of 100 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City:Title MAYOR Name Signature Address 1200 Carlsbad Village Drive. Carlsbad. CA 92008 For Contractor:Title Name Signature Address For Escrow Agent:Title Name Signature Address oRevised 11/01/06 Contract No. 3901-A Page 39 of 100 Pages GENERAL PROVISIONS FOR FIRE STATION NO. 6 COASTAL SAGE SCRUB MITIGATION CONTRACT NO. 3901-A 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. Revised 11/01/06 Contract No. 3901-A Page 40 of 100 Pages 1-2 Definitions. The following words, or groups of words, shall be exclusively defined by the ^^ definitions assigned to them herein. ^^ 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. Revised 11/01/06 Contract No. 3901-A Page 41 of 100 Pages Contract Documents - Including but not limited to; the Contract, any Addendum (which pertain to the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the general conditions, permits from other agencies, the Special Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. Contractor - The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor. The term "prime contractor" shall mean Contractor. Contract Price - The total amount of money for which the Contract is awarded. Contract Unit Price - The amount stated in the Bid for a single unit of an item of work. County Sealer - The Sealer of Weights and Measures of the county in which the Contract is let. Days - Days shall mean consecutive calendar's days unless otherwise specified. Deputy City Engineer, Construction Management & Inspection - The Construction Manager's immediate supervisor and second level of appeal for informal dispute resolution. Dispute Board - persons designated by the City Manager of the City of Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution. Electrolier - Street light assembly complete, including foundation, standard, 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. Revised 11/01/06 Contract No. 3901-A Page 42 of 100 Pages Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original /-""*S Contract Price bid. ^*/ Modification - Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. Notice of Award - The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract. Notice to Proceed - A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1. Person - Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans - The drawings, profiles, cross sections, working drawings, and supplemental drawings, ^m*. or reproductions thereof, approved by the Engineer, which show the location, character, j dimensions, or details of the Work. ' Private Contract - Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project Inspector - the Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Proposal - See Bid. Reference Specifications - Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. Roadway - The portion of a street reserved for vehicular use. Service Connection - Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer - Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Revised 11/01/06 Contract No. 3901-A Page 43 of 100 Pages Specifications - Standard Specifications, Reference Specifications, Special Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Special Provisions - Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. Standard - The shaft or pole used to support street lighting 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. Street - Any road, highway, parkway, freeway, alley, walk, or way. Subbase - A layer of specified material of planned thickness between a base and the subgrade. Subcontractor - An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. Subgrade - For roadways, that portion of the roadbed on which pavement, surfacing, base, subbase, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision - Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement - A written amendment of the Contract Documents signed by both parties. Surety - Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. Tonne - Also referred to as "metric ton". Represents a unit of measure in the International System of Units equal to 1,000 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. Revised 11/01706 Contract No. 3901 -A Page 44 of 100 Pages 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the "Manual of Steel Construction" published by the American Institute of Steel Construction, Inc. 1-3.2 Common Usage Abbreviation Word or Words ABAN Abandon ABAND Abandoned ABS Acrylonitrile - butadiene - styrene AC Asphalt Concrete ACP Asbestos cement pipe ACWS Asphalt concrete wearing surface ALT Alternate ARTS Apartment and Apartments AMER STD American Standard AWG American Wire Gage (nonferrous wire) BC Beginning of curve BCR Beginning of curb return BDRY Boundary BF Bottom of footing BLDG Building and Buildings BM Bench mark BVC Beginning of vertical curve B/W Back of wall C/C Center to center CAB Crushed aggregate base CAL/OSHA California Occupational Safety and Health Administration CalTrans California Department of Transportation CAP Corrugated aluminum pipe CB Catch Basin Cb Curb CBP Catch Basin Connection Pipe CBR California Bearing Ratio CCR California Code of Regulations CCTV Closed Circuit TV CES Carlsbad Engineering Standards CF Curb face CF Cubic foot C&G Curb and gutter CFR Code of Federal Regulations CFS Cubic Feet per Second CIP Cast iron pipe CIPP Cast-in place pipe CL Clearance, center line CLF Chain link fence CMB Crushed miscellaneous base CMC Cement mortar-coated CML Cement mortar-lined CMWD Carlsbad Municipal Water District CO Cleanout (Sewer) COL Column COMM Commercial CONG Concrete CONN Connection CONST Construct, Construction COORD Coordinate CSP Corrugated steel pipe CSSD Carlsbad Supplemental Standard Drawings CTB Cement treated base CV Check valve CY Cubic yard D Load of pipe dB Decibels DBL Double DF Douglas fir DIA Diameter DIP Ductile iron pipe DL Dead load DR Dimension Ratio DT Drain Tile DWG Drawing DWY Driveway DWY APPR Driveway approach E Electric EA Each EC End of curve ECR End of curb return EF Each face EG Edge of gutter EGL Energy grade line El Elevation ELC Electrolier lighting conduit ELT Extra long ton ENGR Engineer, Engineering EP Edge of pavement ESMT Easement ETB Emulsion-treated base EVC End of vertical curb EWA Encina Wastewater Authority EXC Excavation EXPJT Expansion joint EXST Existing F Fahrenheit F&C Frame and cover F&l Furnish and install FAB Fabricate FAS Flashing arrow sign FD Floor drain FDN Foundation Revised 11/01/06 Contract No. 3901-A Page 45 of 100 Pages FED SPEC Federal Specification FG Finished grade FH Fire hydrant FL Flow line FS Finished surface FT-LB Foot-pound FTG Footing FW Face of wall G Gas GA Gauge GAL Gallon and Gallons GALV Galvanized GAR Garage and Garages GIP Galvanized iron pipe GL Ground line or grade line GM Gas meter GNV Ground Not Visible GP Guy pole GPM gallons per minute GR Grade GRTG Grating GSP Galvanized steel pipe H High or height HB Hose bib 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 INSP Inspection INV Invert IP Iron pipe JC Junction chamber JCT Junction JS Junction structure JT Joint L Length LAB Laboratory LAT Lateral LB Pound LD Local depression LF Linear foot LH Lamp hole LL Live load LOL Layout line LONG Longitudinal LP Lamp post LPS Low pressure sodium (Light) LS Lump sum LTS Lime treated soil LWD Leucadia Wastewater District MAINT Maintenance MAX Maximum MCR Middle of curb return MEAS Measure MH Manhole, maintenance hole MIL SPEC Military specification MISC Miscellaneous MOD Modified, modify MON Monument MSL. Mean Sea Level (Reg. Standard Drawing M-12) MTBM Microtunneling Boring Machine MULT Multiple MUTCD.... Manual on Uniform Traffic Control Devices MVL Mercury vapor light NCTD North County Transit District NRCP Nonreinforced concrete pipe OBS Obsolete OC On center OD Outside diameter OE Outer edge OHE Overhead Electric OMWD Olivenhain Municipal Water District OPP Opposite ORIG Original PB Pull box PC Point of curvature PCC Portland cement concrete or point of compound curvature PCVC Point of compound vertical curve PE Polyethylene PI Point of intersection PL Property line PMB Processed miscellaneous base POC Point on curve POT Point on tangent PP Power pole PRC Point of reverse curve PRVC Point of reverse vertical curve PSI Pounds per square inch PT Point of tangency PVC Polyvinyl chloride PVMT Pavement PVT R/W Private right-of-way Q Rate of flow in cubic feet per second QUAD Quadrangle, Quadrant R Radius R&O Rock and oil R/W Right-of-way RA Recycling agent RAC Recycled asphalt concrete RAP Reclaimed asphalt pavement RBAC Rubberized asphalt concrete RC Reinforced concrete RGB Reinforced concrete box RCE Registered civil engineer RCP Reinforced concrete pipe RCV Remote control valve REF Reference REINF Reinforced or reinforcement RES Reservoir RGE Registered geotechnical engineer ROW Right-of-Way RR Railroad RSE Registered structural engineer RTE Registered traffic engineer S Sewer or Slope, as applicable SCCP Steel cylinder concrete pipe SD Storm drain 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 Revised 11/01/06 Contract No. 3901-A Page 46 of 100 Pages SEC Section SF Square foot SFM Sewer Force Main SI International System of Units (Metric) SPEC Specifications SPPWC Standard Plans for Public Works Construction SSPWC Standard Specifications for Public Works Construction STHWY State highway STA Station STD Standard SIR Straight SIR GR Straight grade STRUG Structural/Structure SW Sidewalk SWD Sidewalk drain SY Square yard T Telephone TAN Tangent TC Top of curb TEL Telephone TF Top of footing TOPO Topography TR Tract TRANS Transition TS Traffic signal or transition structure TSC Traffic signal conduit TSS Traffic signal standard TW Top of wall TYP Typical UE Underground Electric USA Underground Service Alert VAR Varies, Variable VB Valve box VC Vertical curve VCP Vitrified clay pipe VERT Vertical VOL Volume VWD Vallecitos Water District W Water, Wider or Width, as applicable WATCH Work Area Traffic Control Handbook Wl Wrought iron WM Water meter WPJ Weakened plane joint XCONN Cross connection XSEC Cross section o 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 O Revised 11/01/06 O Contract No. 3901-A Page 47 of 100 Pages 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 SI 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 SI units shall control. S.I. 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 SI system and a more extensive set of conversion factors. 1 -4.2 Units of Measure and Their Abbreviations. U.S. Customary Unit (Equal To) SI Unit (Abbreviations) (Abbreviations) 1 mil (=0.001 in) 25.4 micrometer (urn) 1 inch (in) 25.4 millimeter (mm) 1 inch (in) 2.54 centimeter (cm) 1 foot (ft) 0.3048 meter (m) 1 yard (yd) 0.9144 meter (m) 1 mile (mi) y 1.6093 kilometer (km) 1 square foot (ft) 0.0929 square meter (irr) 1 square yard (yd ) 0.8361 square meter (m ) 1 cubic foot (ft3) 0.0283 cubic meter (nrO 1 cubic yard (yd ) 0.7646 cubic meter (m) 1 acre 0.4047 hectare (ha) 1 U.S. gallon (gal) 3.7854 Liter (L) 1 fluid ounce (fl. oz.) 29.5735 millileter (mL) 1 pound mass (Ib) (avoirdupois) 0.4536 kilogram (kg) 1 ounce mass (oz) 0.02835 kilogram (kg) 1 Ton (=2000 Ib avoirdupois) 0.9072 Tonne (= 907 kg) 1 Poise 0.1 pascal second (Pa s) 1 centistoke (cs) 1 square millimeters per second (mm /s) 1 pound force (Ibf) 4.4482 Newton (N) 1 pounds per square inch (psi) 6.8948 Kilopascal (kPa) 1 pound force per foot (Ibf/ft) 1.4594 Newton per meter (N/m) 1 foot-pound force (ft-lbf) 1.3558 Joules (J) 1 foot-pound force per second ([ft-lbf]/s) 1.3558 Watt (W) 1 part per million (ppm) 1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit (°F): Degree Celsius (°C): °F = (1.8 x °C) + 32 °C = (T - 32)/1.8 SI Units (abbreviation) Commonly Used in Both Systems 1 Ampere (A) 1 Volt (V) 1 Candela (cd) 1 Lumen (Im) 1 second (s) Revised 11/01/06 Contract No. 3901-A Page 48 of 100 Pages Common Metric Prefixes kilo(k) 103, centi(c) 10", milli(m) 10-? micro (n) 10 nano(n) 10 pico(p) 10 1-5 SYMBOLS -9,-12 A Delta, the central angle or angle between tangents Z Angle % Percent Feet or minutes Inches or seconds1 Number / per or (between words) Degree PL Property line CL Centerline SL Survey line or station line Revised 11/01/06 Contract No. 3901-A Page 49 of 100 Pages 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 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in 4104: "(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater." "(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid." If the Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for the same portion of the work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor's total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as otherwise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. Revised 11/01706 Contract No. 3901 -A Page 50 of 100 Pages Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the 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 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. Revised 11/01/06 Contract No. 3901-A Page 51 of 100 Pages The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifications, to which the Engineer shall have access at all times. The specifications for the work include the project technical specifications, Carlsbad Engineering Standards (CES), Standard Specifications for Public Works Construction, 2006 Edition (Part 2 & 3), hereinafter designated "SSPWC", as written and promulgated by Joint Cooperative Committee of the Southern California Chapter American Public Works Association and Southern California Districts Associated General Contractors of California, and as amended by the Supplemental Provisions section of this contract. 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 as issued by the City of Carlsbad and the Carlsbad Municipal Water District, hereinafter designated as CES. Revised 11/01 /06 Contract No. 3901 -A Page 52 of 100 Pages 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) Carlsbad General Provisions. 3) Technical Specifications 4) City of Carlsbad Engineering Standards, 2004 Edition. 5) San Diego Regional Standard Drawings 6) State of California Department of Transportation Standard Plans 7) Standard Specifications for Public Works Construction 8) Reference Specifications 9) Manufacturer's Installation Recommendations Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have precedence over general plans. 2-5.3 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. Revised 11/01/06 Contract No. 3901-A Page 53 of 100 Pages The Contractor shall allow a minimum of 20 working days for review of submittals unless otherwise specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal. Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: Title: Date: Company Name: 2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to clearly show all necessary details. Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be returned to the Contractor. If revisions are required, the Engineer will return one copy along with the reproducible for resubmission. Upon acceptance, the Engineer will return two of the copies to the Contractor and retain the remaining copies and the reproducible. 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions. Revised 11/01/06 Contract No. 3901-A Page 54 of 100 Pages 2-5.3.4 Supporting Information. Supporting information is information required by the Specifications for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless otherwise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items for the system. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions: 1) List of Subcontractors per 2-3.2. 2) List of Materials per 4-1.4. 3) Certifications per 4-1.5. 4) Construction Schedule per 6-1. 5) Confined Space Entry Program per 7-10.4.4. 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 (10) days of completion of the work. Payment for performing the work required by Section 2-5.4 shall be included in the various bid items and no additional payment will be made therefore. 2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish all materials, equipment, tools, labor, and incidentals necessary to complete the Work. 2-7 SUBSURFACE DATA. All soil and test hole data, water table elevations, and soil analyses shown on the drawings or included in the Specifications apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are available for inspection at the office of the Engineer. Any additional subsurface exploration shall be done by Bidders or the Contractor at their own expense. The indicated elevation of the water table is that which existed on the date when test hole data was determined. It is the Contractor's responsibility to determine and allow for the elevation of groundwater at the date of project construction. A difference in elevation between groundwater shown in soil boring logs and groundwater actually encountered during construction will not be considered as a basis for extra work. Revised 11/01/06 Contract No. 3901-A Page 55 of 100 Pages 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. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers. The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by §§ 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.2 Survey Service. The Contractor shall hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. 2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to the requirements of Section 2-5.3.3, "Submittals", herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (81/2" by 11") paper. The field notes, calculations and supporting data shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labeled with name of the Surveyor, the party chief, the field crewmembers and the author of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in conformance with the CALTRANS "Surveys Manual". The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with §§ 8700 - 8805 of the State of California Business and Professions Code when the Surveyor performs any surveying that such map is required under §§ 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and nails Revised 11/01/06 Contract No. 3901-A Page 56 of 100 Pages (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer's review and approval before submittal to the County Surveyor and before submittal to the County Recorder. 2-9.2.2 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 comer records, including filing fees, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made. 2-9.3 Private Engineers. Surveying by private engineers on the Work shall conform to the quality and practice required by the Engineer. 2-9.4 Line and Grade. All work shall conform to the lines, elevations, and grades shown on the Plans. Three consecutive points set on the same slope shall be used together so that any variation from a straight grade can be detected. Any such variation shall be reported to the Engineer. In the absence of such report, the Contractor shall be responsible for any error in the grade of the finished work. Grades for underground conduits will be set at the surface of the ground. The Contractor shall transfer them to the bottom of the trench. 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. oRevised 11/01/06 Contract No. 3901-A Page 57 of 100 Pages 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Contractor shall notify the Engineer before noon of the working day before inspection is required. Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized representatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these specifications. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract. SECTION 3 - CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the interests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency. 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are involved, shall provide for the Contractor's signature indicating acceptance. Revised 11/01/06 Contract No. 3901-A Page 58 of 100 Pages 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 25 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid quantity by more than 25 percent, payment will be made per 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 25 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 25 percent, payment for the quantity in excess of 125 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per 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 125 percent of the Bid quantity at the Contract Unit Price. 3-2.2.3 Decreases of More Than 25 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 75 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per 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 75 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents 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. Revised 11/01/06 Contract No. 3901-A Page 59 of 100 Pages 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 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. Revised 11/01/06 Contract No. 3901-A Page 60 of 100 Pages (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer's ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer. The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site. (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, services, material, and equipment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the Contractor or Subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors' invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor 20 2) Materials 15 3) Equipment Rental 15 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. Revised 11/01/06 Contract No. 3901-A Page 61 of 100 Pages 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. 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the following Work site conditions (hereinafter called changed conditions), in writing, upon their discovery and before they are disturbed: 1. Subsurface or latent physical conditions differing materially from those represented in the Contract; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that conditions are changed conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees. The Contractor's failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. Revised 11/01/06 Contract No. 3901-A Page 62 of 100 Pages 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. "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. Revised 11/01/06 Contract No. 3901-A Page 63 of 100 Pages Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer, Construction Management & Inspection 4. City Engineer 5. City Manager 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. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1,1991. Revised 11/01/06 Contract No. 3901-A Page 64 of 100 Pages 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 0Revised 11/01/06 Contract No. 3901-A Page 65 of 100 Pages 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3. Revised 11/01/06 Contract No. 3901-A Page 66 of 100 Pages 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. ^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. Revised 11/01/06 Contract No. 3901-A Page 67 of 100 Pages 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, 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. Revised 11/01/06 Contract No. 3901-A Page 68 of 100 Pages 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. 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. Revised 11/01/06 Contract No. 3901-A Page 69 of 100 Pages 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 investigation shall allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available information and, when necessary, gather new and additional information in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the cooperative investigation concluded. Whenever the cooperative investigation is unable to reach resolution, the investigation may then either conclude without resolution or continue by written notification of one party to the other requesting the implementation of a resolution process by committee. The continuance of the investigation shall be contingent upon recipient's agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledgement, the investigation shall conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first two engineers previously selected shall then select one of the four Revised 11/01/06 Contract No. 3901-A Page 70 of 100 Pages 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. 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. Revised 11/01/06 Contract No. 3901-A Page 71 of 100 Pages SECTION 5 - UTILITIES 5-1 LOCATION. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the Contractor shall assume that every property parcel will be served by a service connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall contact the regional notification center (Underground Service Alert of Southern California) and obtain an inquiry identification number. The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for location of its subsurface installations. The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-2 PROTECTION. The Contractor shall not interrupt the service function or disturb the support of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with 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. Revised 11/01/06 Contract No. 3901-A Page 72 of 100 Pages 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 as provided in the Standard Specifications for Public Works Construction, Section 301-1.6, 2006 Edition. 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, ajtered 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. 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. omW Revised 11/01/06 Contract No. 3901-A Page 73 of 100 Pages 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. 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 10 calendar days after receipt of the "Notice to Proceed". 6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to restore street and other work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligently prosecute the Work to completion. If the Engineer determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as described herein shall be included in the Contractor's Bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps. As soon as possible under the provisions of the Specifications, the Contractor shall backfill all excavations and restore to usefulness all improvements existing prior to the start of the Work. Revised 11/01/06 Contract No. 3901-A Page 74 of 100 Pages If Work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability. 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. The work includes 6-2.3 Project Meetings. The Engineer will establish the time and location of bi-weekly Project Meetings. The Contractor's Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under Section 7-6, "The Contractor's Representative". No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as otherwise specified in 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 fails to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency's interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. The Contract may be canceled by the Board without liability for damage, when in the Board's opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board's consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. Revised 11/01/06 Contract No. 3901-A Page 75 of 100 Pages 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. If delays beyond the Contractor's control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. The Contractor will not be entitled to damages or additional payment due to such delays, except as provided in Section 6-6.3. If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. Revised 11/01/06 Contract No. 3901-A Page 76 of 100 Pages 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 Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7 TIME OF COMPLETION. 6-7.1 General. The Contractor shall complete the Work within the time set forth in the Contract. The Contractor shall complete each portion of the Work within such time as set forth in the Contract for such portion. Unless otherwise specified, the time of completion of the Contract shall be expressed in working days. The Contractor shall diligently prosecute the work to completion within 45 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 associa- tion, 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. Revised 11/01/06 Contract No. 3901-A Page 77 of 100 Pages 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. 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. 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 two hundred fifty Dollars ($250.00). 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 $250.00 per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. Revised 1 1/01/06 Contract No. 3901 -A Page 78 of 100 Pages 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 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. Revised 11/01/06 Contract No. 3901-A Page 79 of 100 Pages 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 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. Revised 11/01/06 Contract No. 3901-A Page 80 of 100 Pages The Contractor shall pay all business taxes or license fees that are required for the work. ^± s«*r 7-5.1 Resource Agency Permits. Resource agency permits for the Work are included in the Appendices to these general provisions. Resource agency permits pertaining to this project include: 1) United States Fish and Wildlife Service and California Department of Fish and Game Minor Adjustment to the City of Carlsbad Habit Conservation Plan, issued on January 17, 2007, referenced as FWS-SDG-3386.2. 7-6 THE CONTRACTOR'S REPRESENTATIVE. Before starting work, the Contractor shall designate in writing a representative who shall have complete authority to act for it. An alternative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. In order to communicate with the Agency, the Contractor's representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. '^j 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. oRevised 11/01/06 Contract No. 3901-A Page 81 of 100 Pages 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall furnish and operate a self- loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. Revised 11/01/06 Contract No. 3901-A Page 82 of 100 Pages 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. 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. Revised 11/01/06 Contract No. 3901 -A Page 83 of 100 Pages 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. 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. Revised 11/01/06 Contract No. 3901-A Page 84 of 100 Pages The Contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. Grading operations, roadway excavation and fill construction shall be conducted by the Contractor in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is completed, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic. Unless otherwise authorized, work shall be performed in only one-half the roadway at one time. One half shall be kept open and unobstructed until the opposite side is ready for use. If one-half a street only is being improved, the other half shall be conditioned and maintained as a detour. The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City's contracted waste disposal company, Coast Waste Management at 929-9417. During overlay operations, the Contractors schedule for overlay application shall be designated to provide residents and business owners whose streets are to be overlaid sufficient paved parking within an 800 foot distance from their homes or businesses. Seventy-two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24-hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. An example of such notice is provided in Appendix "A". In addition to the notifications, the contractor shall post no parking signs 48 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 48 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 48 hours in advance of the rescheduled work. Revised 11701/06 Contract No. 3901-A Page 85 of 100 Pages 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) The Engineer (760) 602-2720 2) Carlsbad Fire Department Dispatch (760) 931-2197 3) Carlsbad Police Department Dispatch (760) 931-2197 4) Carlsbad Traffic Signals Maintenance (extension 2937) (760) 438-2980 5) Carlsbad Traffic Signals Operations (760) 602-2752 6) North County Transit District (760) 967-2828 7) Waste Management (760) 929-9400 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's written approval prior to deviating from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. 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. Revised 11/01/06 Contract No. 3901-A Page 86 of 100 Pages 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. 7-10.4 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. 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. Revised 11/01/06 Contract No. 3901-A Page 87 of 100 Pages 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 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. Revised 11/01/06 Contract No. 3901 -A Page 88 of 100 Pages 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 - NOT APPLICABLE - Revised 11/01/06 Contract No. 3901-A Page 89 of 100 Pages SECTION 9 - MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9-1.1 General. Unless otherwise specified, quantities of work shall be determined from measurements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis. Unless otherwise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension. The planimeter shall be considered an instrument of precision adapted to measurement of all areas. 9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sections involved. 9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with duplicate licensed weighmaster's certificates showing actual net weights. The Agency will accept the certificates as evidence of weights delivered. 9-1.4 Units of Measurement. The system of measure for this contract shall be the U.S. Standard Measures. 9-2 LUMP SUM WORK. Items for which quantities are indicated "Lump Sum", "L.S.", or "Job", shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of work and all work appurtenant thereto. When required by the Specifications or requested by the Engineer, the Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This schedule shall equal the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum. 9-3 PAYMENT 9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accordance with the Plans and Specifications. Upon completion of construction, if the actual quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of 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. Revised 11/01/06 Contract No. 3901-A Page 90 of 100 Pages Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such contract was awarded. Whenever any portion of the Work is performed by the Agency at the Contractor's request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or becoming due from the Agency. Whenever immediate action is required to prevent injury, death, or property damage, and precautions which are the Contractor's responsibility have not been taken and are not reasonably expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Payment shall not be construed as the transfer of ownership of any equipment or materials to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or structure for which payment has been made; or replace any materials or '"^ equipment required to be provided under the Contract which may be damaged, lost, stolen or "—<"/ otherwise degraded in any way prior to acceptance of the Work, except as provided in 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. Revised 11/01/06 Contract No. 3901-A Page 91 of 100 Pages 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 (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. From each progress estimate, 10 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from remaining progress estimates and from the final estimate may be limited to $500 or 10 percent of the first half of total Contract amount, whichever is greater. No progress payment made to the Contractor or its sureties will constitute a waiver of the liquidated damages under 6-9. As provided in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract. After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. Revised 11/01/06 Contract No. 3901-A Page 92 of 100 Pages If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in 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. 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. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress pay 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. Revised 11/01/06 Contract No. 3901 -A Page 93 of 100 Pages SUPPLEMENTAL PROVISIONS TO "GREEN BOOK" STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 212 - LANDSCAPE AND IRRIGATION MATERIALS 212-1 LANDSCAPE MATERIALS. 212-1.2.3 Commercial Fertilizer, add the following: Preplant fertilizer shall be granular commercial fertilizer 7-7-7 or approved equal. Postplant fertilizer shall be 12-4-6 or approved equal with Ca, Fe, Zn, and Mn and with the majority of nitrogen in nonammoniac form to prevent acidification of soil. Planting tablets shall be compressed fertilizer tablets with a 20-10-5 analysis. 212-1.2.4 Organic Soil Amendment. Add the following: For all types of Organic Soil Amendment mulch materials produced from pine trees grown in Alameda, Monterey, Santa Clara, Santa Cruz or San Mateo Counties shall not be used in the Work. Type 1A Organic Soil Amendment shall conform to the requirements for type 1 Organic Soil Amendment except as modified hereinafter. Type 1A Organic Soil Amendment shall be a wood or rice residual product derived from the bark of pine, white fir, or red fir or cedar or redwood shavings or rice hulls. Type 1A Organic Soil Amendment shall be manufactured from clean wood, free from clods coarse objects and rocks and shall conform to the properties shown in Table 212-1.2.4(6): Table 212-1.2.4(8) SOIL AMENDMENT PROPERTIES Property Dry Weight Nitrogen Dry Weight Passing 25 mm (1") Sieve Dry Weight Passing #4 Sieve Dry Weight Passing #16 Sieve Dry Weight Passing #30 Sieve Dry Weight Passing #50 Sieve Dry Weight Passing #100 Sieve Salinity Iron ( Dilute acid soluble on dry weight basis) Ash (dry weight basis) PH Wettability Minimum (1) 100% 95% 45% 30% 0% 0% (1) 0.08% 0% 6.0 (D Maximum (1) 100% 100% 65% 40% 10% 2% (1) — 6.0% 7.0 (D (1) (As Required by Table 212-1.2.4(A) SSPWC) 0Revised 11/01/06 Contract No. 3901-A Page 94 of 100 Pages For all types of Organic Soil Amendment the Contractor shall supply the Engineer a sample of the proposed amendment accompanied by an analytical analysis from a qualified agricultural laboratory certifying compliance to the requirements herein. Qualified agricultural laboratories shall have an ongoing quality assurance program that fulfills the requirements of the most recent version of the "Western States Laboratory Proficiency Testing Program Soil and Plant Analytical Methods". Certificates of compliance shall contain a statement attesting that the organic soil amendment meets the requirements of these specifications and that the testing agricultural laboratory does fulfill the requirements of "Western States Laboratory Proficiency Testing Program Soil and Plant Analytical Methods". Said submittal shall be in accordance with Section 2-5.3.3. 212-1.2.5 Mulch for Hydraulic Method Seed Lawn Planting. Add the following: The terms Hydroseeding and Hydroseed shall be synonymous with Hydraulic for the purposes of Section 212. Disturbed Areas, planting areas shall be mulched, fertilized and seeded using method B. Mulch shall be manufactured from virgin wood cellulose fiber mulch and shall not contain growth or germination inhibitors. When mixed with water, the mulch shall remain in uniform suspension and when blended with the seed, fertilizer, and other approved additives, shall form a homogeneous slurry. When applied, the fibers shall form a moisture absorbing membrane with adequate percolation properties sufficient to allow one hundred percent of water applied at the rate of 3.1 liters per minute per square meter (0.075 gallons per minute per square foot) onto a surface inclined at a 2:1 (horizontal: vertical) slope to pass through the membrane. A non-phyto-toxic wetting agent shall be added to the slurry mixture. A water soluble, non-toxic green dye shall be added in sufficient quantity to clearly delineate the planted areas. When required, binder shall be added to the slurry mixture and shall be "CPA 4000", "AZTAC", "Ecology Control", "M-Binder", or approved equal. Add the following section: 212-1.2.5.1 Disturbed Area Mulch Fertilizer and Additives. In addition to the seed mix shown in the table for Disturbed Areas the slurry mixture shall be applied at the rates shown in Table 212- 1.2.5.1 (A) Table 212-1.2.5.1 (A) DISTURBED AREA MULCH FERTILIZER AND ADDITIVES Component Virgin Wood Cellulose Fiber Mulch Binder - Az-Tac or approved equal (1 ) Fertilizer (6-20-20-XB) Ammonium Phosphate Sulfate, Plus 15% Soil Sulfur Agricultural Gypsum Wetting Agent Green Colorant Applicati grams per sq. meter 225 12 76 113 on Rate (pounds per acre) (2000) (100) (650) (1000) Per Mfg. Recommendation Per Mfg. Recommendation (1) Required to be incorporated only when applied between the months of Nov. through Feb. Revised 11/01/06 Contract No. 3901-A Page 95 of 100 Pages Add the following section: 212-1.2.6 Herbicides and Pesticides. Shall be used in their appropriate applications with strict adherence to manufacturer's specifications and instructions. Postemergent herbicide for all areas shall be Glyphosate, N-(phosphonomethyl) glycine, in the form of its isopropylamine salt such as Roundup Pro, Diquat, Montar, or approved equal. Preemergent herbicide for shrubs and groundcover areas planted from flats shall be Treflan, Surflan, Eptan, or approved equal. Add the following section: 212-1.2.7 General Soil Conditioners. Agricultural-grade gypsum shall be a calcium sulfate (CaSO4 H20) product - 94.3 percent. 90 percent shall pass a 50-mesh screen. Control of dust during application is mandatory. Iron Sulfate shall be ferrous sulfate in palletized or granular form containing not less than 20.0 percent iron expressed as metallic iron. Iron Sulfate pellets shall be of size and gradation such that 98 percent is retained on a 10-mesh screen. Add the following section: 212-1.2.8 Stabilizing Emulsion. Stabilizing emulsion shall be a concentrated liquid chemical that forms a plastic film upon drying and allows water and air to penetrate. The film shall be nonflammable and shall have an effective life of at least one year. Stabilizing emulsion shall be nontoxic to plant and animal life and nonthinking to concrete or painted surfaces. In the cured state the stabilizing emulsion shall not be re-emulsifiable. The material shall be registered with, and licensed by the California, Department of Food and Agriculture, as an "auxiliary soil chemical". Stabilizing emulsion shall be miscible with water at time of mixing and application. 212-1.3 Seed. Add following: The quantity of pure live seed supplied shall meet or exceed the quantity shown in the specified mixes. Seed shall not contain more than 0.5 percent weed seed by volume Seed types shall be as specified on the plans and planting legends, and shall be applied at the rates indicated. All brand-name, patented seed must be received by Contractor in original manufacturer's bag. Seed shall be received by Contractor in separate containers specifying kind, quantity, purity, and germination. Contractor shall provide the Engineer with each seed bag label used in the Work. Add the following section: 212-1.3.1 Seed for Disturbed Areas. Hydroseeding mix for Disturbed Areas shall comply with the minimum requirements specified in Table 1 , "Coastal Sage Scrub Seed Mix" included in Part 6 of the attached Landscape Specifications. Add the following section: 212-1.6 Erosion Control Matting. Erosion control matting shall be made of 100-percent- biodegradable, weed-free wheat straw of thickness and density yielding 270 grams per square meter (0.50 Ib./sy) with photodegradable polypropylene netting with a density of 0.89 grams per square meter (1.64 lb/1000 sy) having an approximate mesh interval of 50 mm x 50 mm (2" x 2") on each face of the straw mat. The straw mat shall be sewn together with unidirectional lines of cotton or polypropylene thread spaced approximately 50 mm (2") apart. Erosion control matting shall be "North American Green, DS150", "BonTerra S2", or approved equal. Add the following section: 212-1.7 Erosion Control Mat Staples. Erosion control mat staples shall be 25 mm x 150 mm (1" x 6"), U-shaped 11 -gauge mild steel staples. Revised 1 1/01/06 Contract No. 3901-A Page 96 of 100 Pages SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATION 308-2 EARTHWORK AND TOPSOIL PLACEMENT 308-2.3.2 Fertilization and Conditioning Procedures, add the following: The Contractor shall cultivate the surface of all areas to be planted or hydroseeded by discing, ripping or scarifying the finish grade. After cultivation the Contractor shall clear the planting areas of stones to the depth of cultivation and shall be rake the planting areas to a smooth friable and plantable surface. The Contractor shall cultivate all planting areas, except slopes steeper than 3-1/2:1 (horizontal to vertical), to a depth of 300 mm (12"). The planting areas that are slopes steeper than 3-1/2:1, shall be cultivated to a depth of 150 mm (6"). After cultivation, the soil amendments shown in table 308-2.3.2(A) shall be thoroughly blended 150 mm (6") deep in all planting areas. Except for planting pits the cultivation depths are designated as the root area. Backfill for planting pits shall conform to the requirements of section 308-4.5. After surface preparation and application of the soil amendments shown in Table 308-2.3.2(A) the Contractor shall obtain a minimum of one test for each soil property listed in Tables 308-2.3.2(6) and 308-2.3.2(C) from each median planter, at least one test per 150 m (500') from each parkway and for each hectare (2.5 acres) of hydroseeded area and shall submit the results of said tests to the Engineer. The Contractor shall then adjust the soil properties to the acceptable ranges of soil properties shown in Tables 308-2.3.2(6) and 308-2.3.2(C) using such materials and methods as may be necessary. Organic soil amendment materials shall not be included in the samples used to determine compliance to the soil particle gradation requirements of Table 308-2.3.2(C). If adjustments are necessary the soil shall be tested by the Contractor after such adjustments for each soil property listed in Table 308-2.3.2(6) and 308- 2.3.2(C) to determine that the adjustments to the soil made by the Contractor result in soil properties within the acceptable range. The Contractor shall adjust the soil properties and show acceptable ranges prior to any planting or application of hydroseed slurry. Prior to the start of any planting or application of hydroseed slurry the surface and root area shall be evenly and thoroughly moistened to no less than 75 percent of field capacity. The Contractor shall certify, in writing, that the ground surface has been prepared in accordance with this section and shall request inspection by the Engineer prior to any planting or seeding. The Contractor shall obtain the Engineer's approval before any planting or hydroseeding. o TABLE 308-2.3.2(A) SOIL AMENDMENTS Soil Amendment Agricultural Gypsum Iron Sulfate Calcium Carbonate Lime Organic Soil Amendment Metric Application Rate 1 1 5 g per square meter 50 g per square meter 500 g per square meter 0.041 15 cubic meters per square meter (average depth 41 mm) Approx. U.S. Application Rate 23 Ibs. per 1 ,000 square feet 10 Ibs. per 1 ,000 square feet 100 Ibs. per 1 ,000 square feet 5 cubic yards per 1 ,000 square feet (average depth 1 5/8") Revised 11/01/06 Contract No. 3901-A Page 97 of 100 Pages TABLE 308-2.3.2(8) SOIL PROPERTIES Soil Property pH Dissolved Salts (Ec.) Liquid Limit Plasticity Index Acceptable Range 6.5 to 7.3 < 4.0 dS m'1 N/A to 30 NPtolO Test Method Saturation Paste pH Saturation Paste Soluble Salts ASTM D 423 ASTM D424 Repeatability Range of Test ± 0.1 pH ± 7% ± 2 ± 2 TABLE 308-2.3.2(0) SOIL PARTICLE GRADATION Sieve Siize 19 mm (%") 9.5 mm (3/8 B) 4.75 mm (No. 4) 1.89 mm (No. 10) 475 urn (No. 40) 75 urn (No. 200) Percent Passing 100 95-100 60-85 40-75 35-70 30-70 For areas to receive planting of all types, excluding only hydroseeding, the Contractor shall amend the prepared soil by blending 200 g of 7-7-7 fertilizer per square meter (40 Ibs. per 1,000 square feet) into the top 150 mm (6") of soil after the completion of adjustment of soil properties and acceptance of the planting area by the Engineer. The Contractor shall apply post-plant 12-4-6 fertilizer at the rate of 20 pounds per 1,000 square feet, 30 days after planting and every 30 days through the end of the maintenance period. 308-2.4 Finish Grading., add following: The Contractor shall prepare the finish grade in hydroseed slope areas with a moderately rough texture to provide a suitable surface for adherence of the hydroseed mix. 308-4 PLANTING. 308-4.8.2(b) Method B. add the following: The Contractor shall prepare hydroseeding slurry on the job site. Slurry additives shall arrive at the site in bags sealed and properly identified by the manufacturer. All specified additives and water shall be added on the job site at the rates specified and shall be thoroughly mixed at the job site. The Contractor shall add seed to the slurry after the fiber mulch has been thoroughly incorporated. The Contractor shall spray all areas with a uniform, visible coat using the green color of the mulch as a guide. The Contractor shall apply the slurry in a sweeping motion, in an arched stream so as to fall like rain allowing the mulch fibers to built on each other until a good coat is achieved and the material is spread, evenly, at the required rate per area. The Contractor shall use care not to drag spray hoses over container planted material and shall attempt to spray from the edges of the planting areas wherever possible. Any slurry mixture which has not been applied to the planting areas within four (4) hours after mixing is be rejected and removed from the project at the Contractor's expense. Any slurry spilled into areas outside the limits of work shall be cleaned up at the Contractor's expense to the satisfaction of the Engineer. The Contractor shall assure that the site is properly prepared. The Contractor shall repair all tire ruts created by the equipment. Areas needing grading repair prior to hydroseeding shall be blended and floated to match surrounding grades. Areas having less than 80% plant coverage within thirty (30) days after the initial application shall be reseeded every twenty (20) days until 80% of the ground surface is evenly covered by hydroseeded or subsequently reseeded growth. Revised 11/01/06 Contract No. 3901-A Page 98 of 100 Pages Add the following section: 308-4.8.3.1 Weed Eradication. The Contractor shall water all irrigated areas to be hydroseeded for three (3) weeks prior to hydroseeding to allow for germination of the weed seeds. The Contractor shall spray all weeds with a post emergent herbicide immediately after the completion of the three week irrigation period. After two (2) weeks, the Contractor shall again eradicate the weeds and complete the preparation of the soil prior to the application of the hydroseed mixes. Add the following section, 308-4.10 Erosion Control Matting Installation Add the following section, 308-4.10.1 General. Before installation of erosion control matting the Contractor shall complete all soil preparation, fine grading, and hydroseeding of the areas to receive erosion control matting. Add the following section: 308-4.10.2 Coordination with Hydroseeding. Erosion control matting shall be installed by the Contractor immediately after the first application of hydroseed materials. In all cases the Contractor shall place the erosion control matting within three days after the first hydroseed material application. Should any seed in the hydroseed materials begin to germinate within the three-day period after application or before the installation of the erosion control matting, the installation of the erosion control matting shall be considered as late and the Contractor shall disc the hydroseed materials into the top 100m (4") of the underlying soil, condition the soil for hydroseeding, apply hydroseeding materials at the rates and of the type specified and then install the erosion control matting. No additional payment will be made for second or subsequent hydroseed applications resulting from late installation of erosion control matting. Add the following section: 308-4.10.3 Installation. The Contractor shall install erosion control matting using the following techniques: 1. Begin at the top of the slope by placing the erosion control matting into a 150 mm (6") wide by 150 mm (6") deep trench with the end of the matting laid flat in the bottom of the trench 2. Anchor the end of the erosion control matting with erosion control mat staples spaced no more than 300 mm (12") on centers placed at the intersection of the bottom and the downhill vertical face of the trench. 3. Roll the erosion control matting down the slope. 4. Staple the erosion control matting on an alternating grid consisting of three across and two across lines of staples in horizontal lines spaced 900mm (3') on centers. 5. Erosion control mat so stapled shall be spaced such that no less than 1 % staples per square meter (11/4 staples per square yard) are provided to anchor the erosion control matting. 6. Start the adjacent erosion control mat as in Item 1. of this section, overlapping the previously placed mat by no less than 50 mm (2"). 7. Staple placement may be such as to use the staples used to secure the adjacent mat to secure both mats along their edges. 0Revised 11/01/06 Contract No. 3901-A Page 99 of 100 Pages 308-8 MEASUREMENT AND PAYMENT, add the following: The lump-sum or unit prices set forth in the contract documents shall include, but not be limited to, full compensation for furnishing all labor, materials, tools, and equipment and performing all work necessary to complete, maintain, and guarantee the planting and irrigation work described or specified in the contract documents, including soils testing and recommended soil amendments, seed and hydroseed slurry, tree stakes, bark mulch, erosion control matting, plant materials, temporary irrigation and permanent irrigation, including reduced-pressure back-flow preventer, ball valves, drip valve assembly, electric control valves, quick couplers, control wires, pull boxes, valve boxes, all piping and sleeves, electrical conduits, irrigation heads, drip emitters, bubblers, drip irrigation equipment, connection from electrical service to irrigation electrical meter, connection from meter to irrigation controller(s), installation of controller enclosure, concrete pads, preparation, correction, reproduction and lamination of "as-built" drawings, controller charts, assembly and submittal of the check list and operation and maintenance manuals and all appurtenances to the aforementioned items, as well as maintenance and project guarantees. A•^ Revised 11/01/06 Contract No. 3901-A Page 100 of 100 Pages Carlsbad Fire Station No. 6 Coastal Sage Scrub Mitigation Area Landscape Specifications Section 02930 Carlsbad Fire Station No. 6 Coastal Sage Scrub Mitigation Area Landscape Specifications 1.0 SCOPE OF WORK A. The Landscape Contractor shall implement the coastal sage scrub mitigation plan and provide landscape maintenance services for the City of Carlsbad. The Landscape Contractor shall plant, establish, and maintain Diegan coastal sage scrub vegetation for the City of Carlsbad Fire Station No. 6 mitigation area. The project site is located on the western side of Rancho Santa Fe Road in the City of Carlsbad, California, as shown in the attached mitigation plan. B. The Landscape Contractor shall furnish all services, labor, transportation, materials, and equipment necessary for the complete installation of landscaping as shown in the Coastal Sage Scrub Mitigation Plan for Carlsbad Fire Station No. 6 (Mitigation Plan), dated May 2007, included herein as Appendix "B", and as specified herein, including: all incidental work necessary to complete planting, maintenance, optional temporary irrigation system (if requested), and optional temporary fencing (if requested), to the satisfaction of the City of Carlsbad. C. The City of Carlsbad Fire Station No. 6 coastal sage scrub mitigation area consists of approximately 1.13 acres of coastal sage scrub vegetation on the old Rancho Santa Fe Road roadbed. The work will consist of maintaining 0.82 acre of existing revegetated coastal sage scrub that was planted for erosion control, plus soil preparation, planting, and maintaining 0.31 acre of new coastal sage scrub. Once the 0.31 acre portion of new coastal sage scrub has had the soil prepared and seeded in accordance with the Mitigation Plan and these specifications, the Habitat Restoration Specialist shall certify in writing that the mitigation installation has been completed. The Landscape Contractor shall then maintain the entire 1.13 acre coastal sage scrub mitigation area for five years, in accordance with the requirements of the Mitigation Plan and these specifications. 2.0 QUALITY ASSURANCE A. The Landscape Contractor shall have a demonstrated track record of qualified experience working on habitat restoration projects and a familiarity with common coastal sage scrub and environmental weed species. B. The Landscape Contractor shall possess a valid Class C-27 Landscape Contracting License from the State of California. The Landscape Contractor shall also possess a valid Maintenance Gardener Pest Control Business License or a Pest Control Business License, plus a Qualified Applicator Certificate or Qualified Applicator License, with Category B, that will allow them to perform the required work for this project. Section 02930 Carlsbad Fire Station No. 6 Coastal Sage Scrub Mitigation Area Landscape Specifications C. The Landscape Contractor shall provide an English-speaking project foreman who has previously overseen successful native habitat restoration projects in Southern California. D. The Landscape Contractor shall submit proof of these qualifications by listing similar habitat restoration experience in Southern California obtained within the past 5 years. At least three projects will be described, with client name and contact information provided. Written proof of qualifications and experience shall be submitted as part of the bid package. E. Work shall be performed in accordance with the best standards of practice relating to various trades, under continuous supervision of a qualified, experienced, English- speaking foreman capable of interpreting plans, specifications, and written directions. F. All construction and maintenance personnel shall be instructed about the sensitive nature of the adjacent habitat and the responsibility associated with working in and adjacent to these areas. G. Responsibilities and restrictions for the Landscape Contractor are as follows: i. For maintenance activities to occur between February 15 and August 31, a biologist permitted by the USFWS will survey for coastal California gnatcatchers within the mitigation areas, access paths to it, and any other areas susceptible to disturbances by site maintenance. Surveys will consist of three visits separated by 2 weeks starting March 1 of each maintenance/monitoring year. Work will be allowed to continue on the site during the survey period. However, if gnatcatchers are found during any of the visits, the USFWS will be notified by the biologist to coordinate with and identify any measures that will be taken to avoid and/or minimize effects to the gnatcatcher. Appropriate measures might include flagging off areas to provide a suitable buffer zone to avoid nests. Maintenance within the exclusion zone would not be done until after any young have fledged or after the breeding season has ended, depending on the agreement reached. ii. No construction or maintenance personnel or associated vehicles shall enter environmentally sensitive areas that are outside the limits of work, and as directed by the Habitat Restoration Specialist. iii. No hydrocarbon or antifreeze compounds shall be allowed to be deposited on the soil surface within the construction site. All equipment maintenance shall be accomplished within designated/approved staging areas. If emergency lubrication of machinery is required at the construction site, a 10-mil vinyl drop sheet shall be placed under the equipment to capture excess fluid or spillage. All spillage shall be removed completely from the site. Section 02930 Carlsbad Fire Station No. 6 Coastal Sage Scrub Mitigation Area Landscape Specifications iv. Access to the construction site(s) shall be via existing roads, disturbed areas, and graded areas or approved access routes as designated by the project Habitat Restoration Specialist. v. Stationary equipment, such as motors, pumps, and generators shall be positioned over drip pans when located within the construction site(s). vi. Any spills of toxic materials shall be cleaned up immediately, including removal and disposal of contaminated soils. 3.0 DEFINITIONS A. Plant names indicated in the plant palette conforms to Hickman, J.C., 1993. The Jepson Manual: Higher Plants of California. B. The term "the mitigation plan" shall mean the Coastal Sage Scrub Mitigation Plan for Carlsbad Fire Station No. 6, dated May 2007. C. The term "mitigation area" shall mean the areas where native vegetation is to be planted, established, and maintained. D. The term "ESA" shall mean the area(s) defined as environmentally sensitive areas and designated as open space easements. E. The term "Habitat Restoration Specialist" shall mean the person working on behalf of the City of Carlsbad to oversee and monitor the work of the Landscape Maintenance Contractor and prepare any necessary reports to the City and resource agencies. F. All areas adjacent to the mitigation areas shall be assumed to be ESAs and are sensitive to impacts from equipment and foot traffic. Any disturbance, including runoff pollution and foot traffic, within these areas is prohibited. Failure to respect the limits of work could result in a 3:1 replacement ratio or greater to compensate for damaged native vegetation, at the Landscape Contractor's expense, subject to decisions by the resources agencies. G. The term "Planting Area" shall mean the mitigation area to be planted with native species. 4.0 SUBMITTALS A. Contractor shall furnish voucher seed samples upon request. B. Contractor shall submit all seed bag certification tags and a signed certificate from the installer listing quantities and type of materials used in seeding installation. Certification list shall include seed type (genus and species), quantity (weight), analysis, supplier name, geographic location of seed collection, seed purity percentage, seed germination percentage, and date seed was collected and tested. Copies of inspection certificates, required by law, shall be furnished to the Habitat Restoration Specialist without charge. Section 02930 Carlsbad Fire Station No. 6 Coastal Sage Scrub Mitigation Area Landscape Specifications C. No substitutions of material or procedures shall be made concerning these documents without the written consent of an accepted equivalent by the Habitat Restoration Specialist. D. The Contractor shall furnish proof of a valid Maintenance Gardener Pest Control Business License or a Pest Control Business License, plus a Qualified Applicator Certificate or Qualified Applicator License, with Category B. 5.0 DELIVERY, STORAGE, AND HANDLING A. Special Handling: Contractor shall be responsible for providing seed that has been pre- treated by known methods for appropriate species of plant seed as defined in Emery, Dara E. 1988. Seed Propagation of Native California Plants. Santa Barbara Botanic Garden, Santa Barbara, California. B. Packing and Shipping: Seed shall be delivered in unopened manufacturer's standard containers bearing original certification labels showing seed type (genus and species), quantity (weight), analysis, name of supplier, percentage seed purity, percentage seed germination, and date seed was tested. C. All seed shall be labeled according to state and federal law. Seed supplier shall certify to the Habitat Restoration Specialist, in writing, location and date of seed collection. D. Storage: Store seed in a cool, dry place. Contractor shall protect seed from vandalism, wind, heat, and other conditions that damage or impair seed viability. 6.0 EXECUTION A. Site preparation: i. The 0.31-acre portion of the site that has not yet been planted will be cross-ripped to prepare the surface for seeding. To the extent practical, the Landscape Contractor shall preserve existing native volunteer plants during soil preparation. Prior to cross- ripping, the Landscape Contractor shall evenly spread on the soil surface the specified soil amendments that are to be incorporated, including 20 pounds of Soil Buster 2-5-0 per 1,000 square feet and 15 pounds of 6-20-20-XB fertilizer per 1,000 square feet. The area will then be cross-ripped to a depth of at least 6 inches to loosen compacted soil and incorporate the amendments. All weeds present shall be removed prior to seeding. ii. All soil preparation shall conform to existing contours of the site and shall maintain existing drainage patterns. All undulations and irregularities in soil surface resulting from tillage, disking, cross-ripping, and other operations shall be leveled and finish graded prior to planting. Section 02930 Carlsbad Fire Station No. 6 Coastal Sage Scrub Mitigation Area Landscape Specifications ii. The hydroseeding process shall consist of mixing and uniformly spraying a homogeneous mixture of seed and stabilizing emulsion with wood-cellulose mulch and water. iii. The hydroseed slurry shall be prepared by mixing the ingredients in the proportions shown above in Table 1. The mixed slurry shall adhere to the soil surface without lumping or running. Seed shall be installed in the following slurry mixture: Hydroseed slurry mix shall consist of the following per acre: • 2,000 pounds of Virgin Wood Fiber Mulch • 100 pounds Super Tack Binder or approved equal • 62 pounds of seed as shown in Table 1. iv. The mixing time of materials shall not exceed 60 minutes from the time the seeds come into contact with water to the time the mixture is completely discharged onto the mitigation area. If this time frame cannot be met, the batch shall be recharged with seed. v. Hydroseeding shall be performed within 10 days following soil preparation. The rates of application for seed and fertilizer supplements shall be as shown in Table 1 above. vi. The mixture shall be applied using equipment that will allow application at a uniform and continuous rate and that will not concentrate the slurry or erode the soil. The slurry shall be applied in a sweeping motion at a rate that will spread the designated quantities uniformly per acre. Care shall be exercised to prevent drift and displacement of mixture into other areas. C. Contingency for temporary irrigation: i. This plan relies on rainfall to germinate and establish the desired Diegan coastal sage scrub vegetation. Should rainfall prove to be below average and inadequate during the rainy season following seeding, the Landscape Contractor may be asked to install a temporary, on-grade irrigation system to help ensure the desired habitat becomes established. Any temporary irrigation system would be a design-build system that utilizes low-volume spray heads. This optional irrigation system, at additional expense, would only be installed on request of the City of Carlsbad. The contractor shall submit a unit price for the design build irrigation system as an optional item extra work item as part of this bid package. ii. There is a 1-inch water meter for irrigation at the fire station that can be tapped into to provide temporary irrigation to germinate and establish the mitigation planting, if necessary. There is also an irrigation system that supplies water to the landscaping along the access readjust to the southwest of the mitigation area that potentially may also be used as a temporary water source. The cost for any irrigation water used shall be paid by the City of Carlsbad. 6 Section 02930 Carlsbad Fire Station No. 6 Coastal Sage Scrub Mitigation Area Landscape Specifications D. Contingency for temporary fencing: i. Fencing is not planned as part of this contract. Temporary fencing will be installed around the mitigation area if foot traffic and/or other activity become a problem in the mitigation area during the contract period. Any temporary fencing would consist of four-foot high chain link fence with posts spaced a maximum of 10- feet on center. This optional temporary fencing, at additional expense, would only be installed on request of the City of Carlsbad. The contractor shall submit a price, per lineal foot, per month, for temporary fencing as an optional item extra work item as part of this bid package. Any temporary fencing would be removed by the Landscape Contractor on completion of this contract or sooner if so directed by the Habitat Restoration Specialist, at no additional cost to the City of Carlsbad. 7.0 MAINTENANCE A. The Landscape Maintenance Contractor shall provide maintenance services at the project site a minimum of six times per year, roughly every other month. The Habitat Restoration Specialist shall visit the project site on this same schedule to inspect the Landscape Maintenance Contractor's work and determine the need for any additional remedial measures. The Landscape Maintenance Contractor shall meet with the Habitat Restoration Specialist for these inspection visits, if requested. B. For maintenance activities to occur between February 15 and August 31, a biologist permitted by the USFWS will survey for coastal California gnatcatchers within the mitigation areas, access paths to it, and any other areas susceptible to disturbances by site maintenance. Surveys will consist of three visits separated by 2 weeks starting March 1 of each maintenance/monitoring year. Work will be allowed to continue on the site during the survey period. However, if gnatcatchers are found during any of the visits, the USFWS will be notified to coordinate with and identify any measures that will be taken to avoid and/or minimize effects to the gnatcatcher. Appropriate measures might include flagging off areas to provide a suitable buffer zone to avoid nests. Maintenance within the exclusion zone would not be done until after any young have fledged or after the breeding season has ended, depending on the agreement reached. C. The Landscape Contractor shall maintain all plants in a vigorous and healthy condition by weeding, cultivating, and irrigating (if requested as an optional task), by any other necessary operations during the entire period of the contract, and until final acceptance and approval by the City of Carlsbad and Habitat Restoration Specialist. Improper maintenance, which may cause poor condition of planted material at termination of the scheduled contract period, will cause postponement of final acceptance of work. D. The Landscape Contractor shall conduct weed-control activities in planted areas on a continual basis following planting. Weed control shall occur early in the weed life cycle before the weeds become competitive with the natives for resources and before the weeds have the opportunity to bloom and set seed. 7 Section 02930 Carlsbad Fire Station No. 6 Coastal Sage Scrub Mitigation Area Landscape Specifications E. The Landscape Contractor shall control common perennial invasive exotics if they appear in the mitigation area. Species that will be controlled include: giant reed (Arundo donax), pampas grass (Cortaderia sp.), artichoke thistle (Cynara cardunculus), fennel (Foeniculum vulgare), myoporum (Myoporum sp.), tree tobacco (Nicotiana glauca), castor bean (Ricinus communis), fountain grass (Pennisetum setacewri), and salt cedar (Tamarix sp.), among others. The above-listed invasive exotic species require 100 percent control during the maintenance period. The Habitat Restoration Specialist may add additional invasive exotic species to this list as appropriate, should the species appear at the project site. F. It is possible that exotic ant species control may also be required due to the proximity of ornamental landscaping associated with adjacent housing and the fire station. Control measures for exotic ant species shall be necessary, if they appear in the mitigation area, for protection of both coastal California gnatcatcher and San Diego horned lizard (Phrynosoma coronatum blainvillei), as well as other species. The Habitat Restoration Specialist and Landscape Contractor shall monitor for Argentine ants (Linepithema humile) and red imported fire ants (Solenopsis invictd). If either of these ant species is discovered in the mitigation area, appropriate control actions shall be taken by the Landscape Contractor. Likely control measures would include placement of bait stations so that the bait material is carried back to the colony to kill the queen(s). G. Pest control will be conducted following all applicable laws, regulations, label directions, and safety precautions. Should the Landscape Contractor require specific pest control recommendations, the Landscape Contractor shall consult a licensed Pest Control Adviser. The Landscape Contractor shall provide reports of all pest-control measures implemented at the site, including details of method used, including any pesticide applications. Copies of any written recommendations shall also be provided. The Landscape Contractor shall provide copies of all Pesticide Use Reports to the City to document pesticide use and reporting. H. The Landscape Contractor shall make annual applications of gypsum and fertilizer during the rainy season as part of this contract. The Habitat Restoration Specialist shall recommend the formulation and quantity of fertilizer to be used. The annual application of gypsum and fertilizer will only be made if recommended by the Habitat Restoration Specialist. I. The Landscape Contractor shall remove all trash and litter and dispose of it off site in a legal manner. Leaf and branch drop shall be retained in place. Removal of trash and litter shall continue on a regular basis during the contract period. J. The Landscape Contractor shall be responsible for the maintenance of all erosion-control measures. The Landscape Contractor shall monitor for erosion within the revegetation site and shall prohibit gully, rill, and sheet erosion, bare soil areas, and silt deposition from occurring. Erosion control shall emphasize prevention. If required, repair of eroded areas may include redirection or dissipation of the water source and recontouring of soil, followed by seeding, mulching, and planting as directed by the Habitat Restoration Specialist. The plant palette for replanted areas shall conform to the original seed mix. a Section 02930 Carlsbad Fire Station No. 6 Coastal Sage Scrub Mitigation Area Landscape Specifications 8.0 SITE OBSERVATION VISITS A. The Landscape Contractor shall be on site at the time of each site observation. Observations shall be for the purpose of determining compliance with plans and specifications, intent, workmanship, and clean-up. B. Contractor shall receive written punch list of all deficiencies and shall correct all deficiencies prior to the next scheduled site observation visit. EA/DOFSEC77OA/ Section 02930 APPENDIX A RESOURCE AGENCY PERMITS U. S. Fish and Wildlife Service Carlsbad Fish and Wildlife Office 6010 Hidden Valley Road Carlsbad, California 92011 (760) 431-9440 FAX (760) 431-5901 California Department of Fish and Game South Coast Region 4949 Viewridge Avenue San Diego, California 92123 (858) 467-4201 FAX (858) 467-4299 In Reply Refer To: FWS-SDG-3386.2 Mr.DonNue JAN 1 7 2007 Acting Planning Director City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008-7314 Re: Minor Adjustment to the City of Carlsbad /Fieldstone/La Costa Associates Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP) for Fire Station No. 6, City of Carlsbad, San Diego County, California (CUP 05-13) Dear Mr. Neu: The California Department of Fish and Game (Department) and the U.S. Fish and Wildlife Service (Service), hereafter collectively referred to as the Wildlife Agencies, have reviewed your May 1,2006, request for a minor adjustment to the City of Carlsbad/Fieldstone/La Costa Associates Habitat Conservation Plan/Natural Community Conservation Plan (Fieldstone HCP/NCCP) to allow construction of Fire Station No. 6, in the City of Carlsbad, San Diego County, California (CUP 05-13). We have also reviewed the proposed project's consistency with the North San Diego County Multiple Habitat Conservation Plan (MHCP), and the City's Subarea Habitat Management Plan (City HMP). The comments in this letter are based on the information provided in the request for a minor amendment; meetings held August 2 and September 6, 2006, between the City and Wildlife Agencies; a letter dated October 18, 2006, from the City summarizing previous discussions and clarifying project impacts and mitigation; the Agencies' knowledge of sensitive and declining vegetation communities in San Diego County, and our participation in regional conservation planning efforts, including the Fieldstone HCP/NCCP, MHCP, and City's HMP. The proposed project consists of the construction of a fire station, access road from the new Rancho Santa Fe Road (including some parking spaces), and associated sewer and water pipelines (Figure 1). The proposed project site is bounded by the old Rancho Santa Fe Road to the west, and vegetated areas within the Fieldstone HCP/NCCP preserve to the north and south, and the new Rancho Santa Fe Road to the east (Figure 2). The fire station site is on a City-owned parcel that is surrounded by (but not a part of) the Fieldstone HCP/NCCP preserve, while most of the access road and all of the pipeline footprint would occur within the Fieldstone HCP/NCCP preserve (Figure 2). The fire station access road and pipelines would be constructed within existing easements with the City, San Diego Gas and Electric, and Vallecitos Water District that cross the Fieldstone HCP/NCCP preserve (Figure 3). Mr. Don Nue (FWS-SDG-3386.2) Page 2 Sensitive animals are present on or adjacent to the project site. These animals include the federally threatened coastal California gnatcatcher (Polioptila califomica californica), which was reported in the vicinity of the project area. Due to lack of suitable habitat, gnatcatcher are not expected to breed onsite but may forage on-site, especially within the revegetated CSS within the old Rancho Santa Fe Road, and breed in adjacent CSS. The California horned lark (Eremophila alpestris actid), a California Species of Special Concern, was observed onsite. The site also has potential to serve as foraging habitat for raptors such as red-tailed hawk (Buteo jamaicensis). Additionally, the San Diego horned lizard (Phrynosoma coronatum blainvillii), also a California Species of Special Concern, was observed just outside the project boundary. The proposed fire station access road and pipelines will permanently impact 0.83 acre of the Fieldstone HCP/NCCP preserve, including 0.23 acre of revegetated coastal sage scrub within the old Rancho Santa Fe Road (Figure 4, Exhibit A). The proposed fire station will permanently impact a 0.51-acre area, including 0.17 acre of disturbed valley needlegrass grassland (VNG), 0.04 acre non-native grassland (NNG) and 0.31 acre of disturbed land (Exhibit A). The following mitigation measures will be implemented by the City to offset these impacts: 1) Permanent impacts to 0.83 acre of the Fieldstone HCP/NCCP preserve, including 0.23 acres of revegetated coastal sage scrub, from the fire station access road and pipelines, will be mitigated by restoration, maintenance and monitoring of 1.13 acres CSS revegetation on the east half of old Rancho Santa Fe Road south and west of the fire station site (Figure 5). The revegetation will consist of 0.82 acre of existing revegetated CSS installed two years ago for erosion control after removing the east half of old Rancho Santa Fe Road; and 0.31 acre of new CSS revegetation within the old Rancho Santa Fe Road truck bypass lane. The City will revegetate with the same non-irrigated CSS seed mix used for the existing revegetation according to a biologist-prepared habitat restoration, maintenance, and monitoring plan. This plan will detail any grading and planting specifications, as well as maintenance and monitoring procedures. The plan will also outline yearly success criteria and remedial measures should the mitigation effort fall short of the success criteria. The proposed plan will be reviewed and approved by the Wildlife Agencies prior to issuance of grading or building permits. 2) Permanent impacts to 0.10 acre NNG from the fire station and access road will be mitigated a 0.5:1 ratio; 0.17 acre VNG from the fire station will be mitigated at a 3:1 ratio; and 0.30 acre of disturbed land will be mitigated at a 1:1 ratio. Mitigation will be out-of-kind, and will occur through pre-debiting and preservation of 0.86 acre of credit at the City's proposed Lake Calavera Mitigation Bank, leaving 183.45 acres left for credit towards future City projects. 3) The City will adhere to all mitigation measures described in the Carlsbad HMP and the Fieldstone/La Costa HCP. Further, a monitoring biologist will perform a minimum of three focused surveys, on separate days, to determine the presence of gnatcatchers in the project impact footprint. Surveys will begin a maximum of seven days prior to performing vegetation clearing/grubbing and one survey will be conducted the day Mr. Don Nue (FWS-SDG-3386.2) Page 3 immediately prior to the initiation of remaining work. If any gnatcatchers are found within the project impact footprint, the biologist will direct construction personnel to begin vegetation clearing/grubbing in an area away from the gnatcatchers. In addition, the biologist will walk ahead of clearing/grubbing equipment to flush birds towards areas of CSS to be avoided. It will be the responsibility of the biologist to ensure that gnatcatchers will not be injured or killed by vegetation clearing/grubbing. The biologist will also record the number and location of gnatcatchers disturbed by vegetation clearing/grubbing. The Wildlife Agencies concur with the above proposed minor adjustment, and have determined that the project is consistent with the MHCP and City's HMP, if the proposed mitigation measures are implemented. We appreciate the opportunity to review the City's request for a minor boundary adjustment. If you have any questions regarding this letter, please contact Marci Koski (Service) at (760) 431-9440, or David Mayer (Department) at (858) 467-4234. Sincerely, Therese O'RourKe /%£. Michael J. Mulligan Assistant Field Supervisor Deputy Regional Manager U.S. Fish and Wildlife Service California Department of Fish and Game Scott Donnell, City of Carlsbad Terry Smith, City of Carlsbad Rosanne Humphrey, Technology Associates Markus Spiegelberg, Center for Natural Lands Management EXHIBIT A - REVISED MITIGATED NEGATIVE DECLARATION TABLES 2 & 3* (Further revisions, prepared 12/8/06, italicized and footnoted) TABLE 2 PROPOSED IMPACTS TO VEGETATION COMMUNITIES AND LAND COVER TYPES (acres) Vegetation Communities/Land Cover Disturbed Valley Needlegrass Grassland Diegan Coastal Sage Scrub (Revegetation) Non-Native Grassland Disturbed Vegetation Ornamental Landscaping Disturbed Land Developed Land TOTAL Permanent Impacts 0.17 0.23 0.10 0.14 0.07 0.70 0.091 1.51 Temporary Impacts 0.03 1.31 1.34 Total Impacts 0.17 0.23 0.10 0.14 0.10 0.70 1.40 2.85 TABLE 3 MITIGATION FOR IMPACTS TO VEGETATION COMMUNITIES AND LAND COVER TYPES (acres) Permanent Temporary Mitigation Mitigation Vegetation Communities/Land Cover Pipeline Alignment Diegan Coastal Sage Scrub (Revegetation) Developed Land Ornamental Landscaping Total. Pipeline Alignment Fire Station Site Disturbed Valley Needlegrass Grassland Non-Native Grassland Disturbed Land Total. Fire Station Site Fire Station Access Road Diegan Coastal Sage Scrub (Revegetation) Developed Land Ornamental Landscaping Non-Native Grassland Disturbed Land Disturbed Vegetation Total, Fire Station Access Road Impacts Impacts 0.16* 0 1.31 0 0.03 0.16 1.34 0.17 0.04 0.30" 0.515 0.07* 0.09 0.07 0.06* 0.40* 0.14* 0.836 Ratio 2:12 n/a n/a - 3:13 0.5:13 1:13 - 2:12 n/a n/a 0.5:13 1:12 1:12 — Required 0.32 0 0 0.32 0.51 0.02 0.30 0.83 0.14 0 0 0.03 0.40 0.14 Developed land impact figure corrected to .09 acre. non-native grassland, disturbed land, and disturbed vegetation were previously identified as to be mitigated at Lake Calavera. 3 Mitigation will take place within the Lake Calavera Mitigation Bank. 4 To correct a mapping error, fire station site disturbed land impacts have been reduced 0.01 acre. 5 Actual parcel size of fire station site is 0.504 acre. Rounding of each different vegetation community impact causes the greater total acreage figure shown. Actual acreage of fire station access road is 0.824. Rounding of each different vegetation community impact causes the greater total acreage figure shown. * These impacts are within the Fieldstone HCP/NCCP preserve and total 0.83 acre. o ous -uvre CoarqK i-Wi AuWwoUls, llf,. w FSg*., Rmtwi ,()<«., m,n JOCT, RE CON Project boundary City of Cartsted/Ftefdstone/La Costa Associates Habitat Conservation Pian/ Ongoing MuW-Species Plan (HCP/OMSP) Permanertt impacts Temporary impacts ret! wo FIGURE 2 Impacts to City of Carlsbad/Fteldstone/ La Costa Associates HCP/OMSP RECON Project boundary Vsftscttos Water District 6ff Pipeline Easement SDG&E 20" Tree Trimming Easement City of Carlsbad 60' Public Road/Trail Easement SDGSE 150' Powerfine Easement 3 Existing Easements RECON Project boundary —...» Permanent 6" gravity sewer pipeline Vegetation communities Permanent impacts - • ; • Permanent tT water main Revegerated coastal sage scrub Temporary impacts <' °' ••> Temporary 4" sewer pipeline , Developed land Disturbed land Disturbed valley needlegrsss Non-natlvs grassland Ornaments! landscaping Disturbed vegelaii?n impacts to Existing Vegetation fieupe 4 / // // /"V///// FIR.E STATIONSITE aesisS^f 5i#' S !>v, , ^f"r;;^»'V :'«::';) ;,;x v5^.,-y>::'•' /;'•'•'>•',•' '^^'>; . \\ ' -vi^\i ' ^ . • !/ : J o o Q APPENDIX B CSS MITIGATION PLAN COASTAL SAGE SCRUB MITIGATION PLAN CARLSBAD FIRE STATION NO. 6 Carlsbad, California FWS-SDG-3386.2 Prepared For: City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 Contact: Terry Smith (760)602-2765 Prepared By: DUDEK 605 Third Street Encinitas, California 92024 Contact Doug Gettinger (760) 479-421 MAY 2007 Coastal Sage Scrub Mitigation Plan TABLE OF CONTENTS Section Page No. 1.0 INTRODUCTION 1 1.1 Project Description and Impacts 1 1.2 Proposed Mitigation 5 2.0 PROPOSED PERFORMANCE STANDARDS 8 3.0 MITIGATION IMPLEMENTATION PLAN 9 3.1 Habitat Restoration Specialist Qualifications 10 3.2 Landscape Maintenance Contractor Qualifications 10 3.3 Site Preparation 10 3.4 Seed Mix 11 3.5 Contingency for Temporary Irrigation : 12 4.0 FIVE YEAR MAINTENANCE AND MONITORING PROGRAM 13 4.1 Maintenance and Monitoring Frequency 13 4.2 Maintenance Tasks 14 4.3 Pest Management 14 4.4 Soil Fertility Management 15 4.5 Trash and Debris Removal 15 4.6 Irrigation Management 16 4.7 Five-Year Monitoring and Reporting Program 16 4.8 Possible Remedial and Contingency Measures 17 4.9 Final Sign-off and Project Termination 18 5.0 REFERENCES 18 LIST OF FIGURES Figure 1 Regional Mp 2 Figure 2 Vicinity Map 3 Figure 4 Mitigation Area Site Map 6 Figure 5 Typical Photo views of the Mitigation Area 7 LIST OF TABLES Table 1 Carlsbad Fire Station No. 6 Coastal Sage Scrub Seed Mix 12 _^ ,, — _,. 5225-02 DUDEK i May 2007 Coastal Sage Scrub Mitigation Plan 1.0 INTRODUCTION 1.1 Project Description and Impacts This coastal sage scrub mitigation plan has been prepared in response to a letter to the City of Carlsbad from the U.S. Fish and Wildlife Service (USFWS) and California Department of Fish and Game (CDFG), dated January 17, 2007, referenced as FWS-SDG-3386.2. The letter is regarding proposed minor adjustments to the City of Carlsbad/Fieldstone/La Costa Associates Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP) for Fire Station No. 6. The City of Carlsbad Fire Station No. 6 (Project) is being built to serve the eastern side of Carlsbad, San Diego County, California (CUP 05-13). Project components include the new fire station, access road, and associated sewer and water pipelines. The Project is located on the western side of Rancho Santa Fe Road (Figures 1-3). Permanent impacts associated with the new fire station include 0.83 acre of the Fieldstone HCP/NCCP Preserve, including 0.23 acre of revegetated coastal sage scrub within the old Rancho Santa Fe Road alignment. These impacts will be mitigated by restoration, maintenance, and monitoring of 1.13 acres of coastal sage scrub, as outlined in this mitigation plan. Other impacts not covered by this mitigation plan include permanent impacts to 0.10 acre non- native grassland, 0.17 acre valley needlegrass grassland, and 0.30 acre disturbed land. Mitigation for these impacts will be out-of-kind preservation at the proposed Lake Calavera Mitigation Bank, as outlined in the letter from the resource agencies (USFWS and CDFG 2007). Project impacts require mitigation to compensate for the habitat loss. In accordance with the proposed minor adjustments to the City of Carlsbad/Fieldstone/La Costa Associates Habitat Conservation Plan/Natural community Conservation Plan (HCP/NCCP) for Fire Station No. 6 (U.S. Fish and Wildlife Service and California Department of Fish and Game 2007), the permanent impact to 0.83 acre of the Fieldstone HCP/NCCP preserve, including 0.23 acre of revegetated coastal sage scrub, will be mitigated by revegetating, maintaining, and monitoring 1.13 acres of coastal sage scrub on the old Rancho Santa Fe Road roadbed. The revegetation will consist of 0.82 acre of existing revegetated coastal sage scrub that was planted for erosion control, and 0.31 acre of new coastal sage scrub. It is the intent of this mitigation plan to create coastal sage scrub habitat suitable for use by the Federally-listed Threatened coastal California gnatcatcher (Polioptila californica californica) and other wildlife species. 5225-02 O U D E I< 1 May 2007 Orange County San Diego ' 3 1 Miles oCoastal Sage Scrub Mitigation Plan • Fire Station No. 6 Regional Map \ ' • *C/ rw ''"—*°*, A,_ | ft «i? / ^ * ^*Vwrfi X '^^ /:' 1 frs••N"^^ **«»~\ -. ft t •"*,'-"'-% x-~^,. ^. i ,V) ' 5 V5-*\ X'^^^^^^•-IB^MS t-AKL MAP SP'JRCE USQS 7 5 Minute Seres, fia Sap Plan - Fire No. 6 FIGURE | SOURCE: Recon/AiiphotoUSA 2005 Coastal Sage Scrub Plan - Fire No. 6 and FIGURE 3 I Coastal Sage Scrub Mitigation Plan 1.2 Proposed Mitigation The proposed mitigation area consists of a 1.13 acre portion of the old abandoned Rancho Santa Fe Road roadbed that was left vacant when the road was upgraded and widened (Figure 4). The mitigation site is generally to the south of the new fire station at approximately 117 13' 29" N, 11713' 38" W, Thomas Guide Map Page No. 1128, grid A-7. This relatively narrow, linear strip is adjacent to existing high quality coastal sage scrub habitat. When the old road was abandoned, approximately 0.82 acres was seeded with a coastal sage scrub seed mix, and the remaining 0.31 acre was covered with green waste mulch. Figure 5 shows typical photo views of the proposed mitigation area. The 1.13 acres will be converted to coastal sage scrub mitigation to compensate for project impacts. The proposed mitigation area falls within Carlsbad Habitat Management Plan (HMP) lands as part of the preserve area. The mitigation is in conformance with its goals and requirements to preserve and restore native habitat and allow for passive recreation activities like hiking and bird watching. Public access will be limited to existing roads and trails. Long-term management of these lands has been assured and the mitigation area will be managed as part of the preserve once the five-year maintenance and monitoring period has ended. The soil mapped for the proposed mitigation area is San Miguel-Exchequer rocky silt loams, 9- 70 percent slopes (SnG) (Bowman 1973). This soil is a complex between San Miguel silt loam and Exchequer silt loam on steep slopes with about ten percent rock outcrops. Both soils have medium to rapid runoff, and a moderate to high erosion potential. The San Miguel silt loam has slow permeability and the Exchequer has moderate permeability. San Miguel soil has a water holding capacity of 2.5 to 3 inches and the Exchequer soil 1 to 2 inches. The effective rooting depth ranges from 8 to 23 inches, depending on conditions. Fertility is very low for both soil types. The soil profile pH ranges from strongly acid to slightly acid (5.0 to 6.5). This soil type is known to potentially support sensitive plant species. Soil in the mitigation area was first disturbed by grading for road construction, and later by removal of the old road surface, but the soil present today appears to be the same rocky soil type described on the soil map, though it may have more exposed rock on the surface than other adjacent locations. The portion that was planted approximately two years ago is growing and healthy, as would be expected, accounting for the rainfall and soil type. The unplanted portion of the mitigation area appears to be appropriate for coastal sage scrub species and contains some volunteer invasion by native species. DUDEK 5 May2007 01oc O E*= e2 'J=co to 03 .g* CD M—s: o c Q. .S CO O CO CDO> COCO o COe CJ Photo 1: View of previously seeded area in November 2006 Photo 2: View of area that has not been seeded yet in Movember 2006 Sage Plan - Fire No, 6 Views Coastal Sage Scrub Mitigation Plan The land in the proposed mitigation area is gently sloping, so erosion control is not expected to be a concern. The site will be monitored and action taken to install erosion control devices should erosion become an issue during the implementation process. Likewise, site fencing is not expected to be necessary as the mitigation area is within existing protected habitat. There is an adjacent maintenance/trail access road available to pedestrians and bicycle riders. This maintenance/access trail will be used for site access for maintenance and monitoring. 2.0 PROPOSED PERFORMANCE STANDARDS The following Performance Standards will be used to gauge the success of the coastal sage scrub mitigation. The goal is to establish self-sustaining, self-perpetuating coastal sage scrub species on the mitigation site. Documented use of the mitigation area vegetation by coastal California gnatcatcher shall also be considered to be a measure of success. Due to the small size and linear nature of the mitigation area, gnatcatcher use for foraging is expected, but cannot be assured. Yearl: Native perennial species cover of at least 5 percent. Species richness of at least 10 native species. Zero percent cover from exotic species on the CalEPPC List A and B (CalEPPC 1999), no more than 10 percent cover from other exotic species. Year 2: Native perennial species cover of at least 10 percent. Species richness of at least 10 native species. Zero percent cover from exotic species on the CalEPPC List A and B (CalEPPC 1999), no more than 10 percent cover from other exotic species. Year 3: Native perennial species cover of at least 20 percent. Species richness of at least 10 native species. Evidence of native species recruitment. Zero percent cover from exotic species on the CalEPPC List A and B (CalEPPC 1999), no more than 10 percent cover from other exotic species. D U D E K Coastal Sage Scrub Mitigation Plan Year 4: • Native perennial species cover of at least 35 percent. • Species richness of at least 10 native species. • Evidence of native species recruitment. • Zero percent cover from exotic species on the CalEPPC List A and B (CalEPPC 1999), no more than 10 percent cover from other exotic species. Year 5: • Native perennial species cover of at least 50 percent. • Species richness of at least 10 native species. • Evidence of native species recruitment. • Zero percent cover from exotic species on the CalEPPC Lists A and B (CalEPPC 1999), no more than 10 percent cover from other exotic species. 3.0 MITIGATION IMPLEMENTATION PLAN This mitigation plan proposes that the 0.31 acre portion of the site that has not yet been seeded be revegetated with a similar native Diegan coastal sage scrub seed mix to the one used on the 0.82 acre portion. If project construction damages any of the 0.82 acre portion of the existing revegetated area, it will also be seeded with the same mix as the 0.31 acre portion (note that Mitigation Measure No. 13 for the project requires temporary impacts to be avoided). Timing of this work shall occur in the autumn months, outside of the coastal California gnatcatcher breeding season, so potential impacts to this listed species will be avoided. The project schedule calls for impacts to occur in early summer 2007, with mitigation implementation occurring in autumn 2007 prior to or at the start of the rainy season. Any temporal loss of upland habitat caused by delays in mitigation implementation shall be mitigated through upland habitat preservation/creation/restoration/enhancement at a 0.5:1 ratio for every 6 months of delay (1:1 for 12 month delay, 1.5:1 for 18 months delay, etc.). If the City is wholly or partly prevented from performing obligations under these plans causing temporal losses due to delays that are because of unforeseeable circumstances or causes beyond their reasonable control, the additional mitigation requirement shall be excused by such unforeseeable cause(s). This plan proposes that no irrigation be used to revegetate the area, the non-irrigated seed mix will be germinated and established by rainfall. Provisions have been made to apply temporary irrigation if rainfall is deficient in the year(s) following seeding to successfully germinate and establish the seed mix. 5225-02 DUDEK 9 May 2007 Coastal Sage Scrub Mitigation Plan 3.1 Habitat Restoration Specialist Qualifications The City shall hire a Habitat Restoration Specialist to oversee the work of the Landscape Maintenance Contractor and monitor the habitat restoration. The Habitat Restoration Specialist will have training and experience in habitat restoration projects in coastal southern California. The Habitat Restoration Specialist shall monitor the work of the Landscape Maintenance Contractor and prepare any necessary reports to the City and resource agencies. In accordance with state law, the Habitat Restoration Specialist must hold a valid Pest Control Adviser's license if he or she makes specific pest control recommendations. 3.2 Landscape Maintenance Contractor Qualifications The City shall hire a Landscape Maintenance Contractor to implement the coastal sage scrub mitigation plan and provide maintenance services. The Landscape Maintenance Contractor shall have a demonstrated track record of qualified experience working on habitat restoration projects and a familiarity with common coastal sage scrub and environmental weed species. The Landscape Maintenance Contractor shall have a valid C-27 Landscape Contracting License from the State of California. The Landscape Maintenance Contractor shall also possess a valid Maintenance Gardener Pest Control Business License or a Pest Control Business License, plus a Qualified Applicator Certificate or Qualified Applicator License, with Category B, that will allow them to perform the required work for this project. 3.3 Site Preparation The 0.31 acre portion of the site that has not yet been planted will be ripped to a depth of at least six inches in two directions to loosen compacted soil, incorporate soil amendments and fertilizers, and prepare the surface for seeding. Mycorrhizal inoculants are not expected to be necessary because they are expected to be present. This is due to the linear nature of the mitigation site with existing adjacent habitat. Native perennial grasses such as needlegrass (Nassella sp.) and lemonadeberry (Rhus integrifolia) are obligate mycotrophs and require mycorrhizae to become established. Most coastal sage scrub species, however, are either non- mycorrhizal, such as sticky monkeyflower (Mimulus aurantiacus) and black sage (Salvia mellifera), or facultative mycotrophs, such as California sagebrush (Artemisia californicd), coyote brush (Baccharis pilularis), California buckwheat (Eriogonum fasciculatum), and deerweed (Lotus scoparius). Composite soil samples will be collected and sent to a soil testing laboratory for agricultural suitability testing. Test results will determine the need for pre-planting and post-planting fertilizers and/or amendments. .-*..,»..-•* 5225-02 DUDE 1C 10 May 2007 Coastal Sage Scrub Mitigation Plan To the extent practical, existing native volunteer plants will be preserved during soil preparation. Prior to cross ripping, amendments will be spread on the surface to be incorporated, including 20 pounds of agricultural gypsum per 1,000 square feet and 15 pounds of 6-20-20-XB fertilizer per 1,000 square feet. The area will then be cross-ripped to a depth of at least six inches to loosen compacted soil and incorporate the amendments. Soil test results could alter this recommendation. To help ensure adequate growth and establishment of the 0.82 acre portion of the mitigation area that has already been seeded, 15 pounds of 6-20-20-XB fertilizer will be top dressed over the existing planting. Soil test results could alter this recommendation. Signs shall be posted indicating that the area is undergoing habitat restoration and requesting that people and dogs please stay out of the area. Signs shall be placed at each end of the mitigation area and approximately every 200 feet along the side that abuts the paved access road. 3.4 Seed Mix A coastal sage scrub seed mix similar to the one used for the existing revegetated coastal sage scrub area will be hydroseeded to the unseeded 0.31 acre portion of the mitigation area. The same seed mix will be applied to any portion of the 0.82 acre seeded portion that shows inadequate cover or is damaged during construction of the fire station and its associated utility lines. The seed mix contains several common, native annuals to serve as a nurse crop, plus perennial native species that are expected to provide the majority of cover over the long-term. Other native species are expected to volunteer into the area from adjacent habitat areas and will contribute to cover, species richness, and habitat value as well. The seed mix is shown in Table I. Hydroseed Slurry Mix Shall Consist of the Following Per Acre: 2,000 pounds of Virgin Wood Fiber Mulch 1,000 pounds of Agricultural Gypsum 650 pounds 6-20-20-XB Fertilizer 100 pounds Az-Tac Binder or approved equal 61 pounds of Seed as shown in Table 1 ^ i i >-i i- is 5225-02D U D E I< 11 May 2007 Coastal Sage Scrub Mitigation Plan Table 1 Carlsbad Fire Station No. 6 Coastal Sage Scrub Seed Mix Scientific Name Artemisia califomica Castilleja exseiia Eriogonum fasciculatum Eriophyllum confertifioruin Eschscholzia califomica Isocoma menziesii Lasthenia califomica Lotus scoparius Lupinusbicolor Lupinus succulentus Matosma laurina Melica imperfecta Mimulus aurantiacus Nasella pukhra Phacelia minor Ran/ago erecta Satvia mellifera Sisyrinchium bellum Viguiera laciniata Common Name California sagebrush purple owl's clover California buckwheat golden yarrow California poppy coastal goldenbush goldfields deerweed Pigmy-leaved lupine arroyo lupine laurel sumac coast-range melic sticky monkeyflower purple needlegrass California blue bell dotseed plantain black sage blue-eyed grass San Diego sunflower Percent PLS 8 25 10 25 85 8 50 49 77 81 70 70 4 42 80 85 35 71 20 Total Pounds per Acre 3 0.5 8 1 1 3 0.5 4 5 2 1 2 1 4 1 20 3 1 1 62 3.5 Contingency for Temporary Irrigation o This plan relies on rainfall to germinate and establish the desired Diegan coastal sage scrub vegetation. Average or above-average rainfall years should provide adequate rainfall to germinate the seed and allow for successful establishment within the established five-year maintenance and monitoring period. Less than average rainfall years might result in less satisfactory germination and establishment. Should rainfall prove to be below average and inadequate during the rainy season following seeding, provisions have been made to install a temporary, on-grade irrigation system to help ensure the desired habitat becomes established. Any temporary irrigation system would be a design-build system that utilizes low-volume spray heads to apply supplemental water. OUDEK 12 5225-02 May 2007 Coastal Sage Scrub Mitigation Plan There is a one-inch water meter for irrigation at the fire station that can be tapped into to provide temporary irrigation to germinate and establish the mitigation planting, if necessary. There is also an irrigation system that supplies water to the landscaping along the access road just to the southwest of the mitigation area that potentially may also be used as a temporary water source. 3.5 Contingency for Temporary Fencing Temporary fencing will be installed around the mitigation area if foot traffic and/or other activity become a problem in the mitigation area during the installation and five-year maintenance and monitoring period. Additional signs may also be posted notifying the public that the area is undergoing restoration and to please keep out of the area. Any temporary fencing shall be removed once the maintenance and monitoring program have been completed. 4.0 FIVE YEAR MAINTENANCE AND MONITORING PROGRAM The 1.13 mitigation area will be maintained and monitored for five years to demonstrate successful establishment of self-sustaining coastal sage scrub habitat. An adaptive management approach shall be used to maintain the mitigation area during the five-year maintenance and monitoring period. The City will hire a Landscape Maintenance Contractor with qualified experience working in habitat restoration work shall maintain the mitigation area. The landscape maintenance work shall be performed under the guidance of the Habitat Restoration Specialist hired by the City to monitor the mitigation area. The five-year maintenance and monitoring period shall begin once the soil has been prepared and the site seeded. The Habitat Restoration Specialist shall prepare and send a letter to the City and resource agencies notifying them that the mitigation planting has been completed and the five-year time clock has begun. 4.1 Maintenance and Monitoring Frequency The Landscape Maintenance Contractor shall provide maintenance services at the project site at a minimum of six times per year, roughly every other month. The Habitat Restoration Specialist shall visit the project site on this same schedule to inspect the Landscape Maintenance Contractor's work and determine the need for any additional remedial measures. The Landscape Maintenance Contractor shall meet with the Habitat Restoration Specialist for these inspection visits, if requested. 5225-02 DUDEK 13 May 2007 Coastal Sage Scrub Mitigation Plan 4.2 Maintenance Tasks The Landscape Maintenance Contractor shall provide all necessary maintenance for the 1.13 acre mitigation site during the five-year maintenance and monitoring period. Maintenance is expected to include pest management, soil fertility management, trash and debris removal, and remedial planting and seeding, if needed. For maintenance activities to occur between February 15 and August 31, a biologist permitted by the USFWS will survey for coastal California gnatcatchers within the mitigation areas, access paths to it, and any other areas susceptible to disturbances by site maintenance. Surveys will consist of three visits separated by two weeks starting March 1 of each maintenance/monitoring year. Work will be allowed to continue on the site during the survey period. However, if gnatcatchers are found during any of the visits, the USFWS will be notified to coordinate with and identify any measures that will be taken to avoid and/or minimize effects to the gnatcatcher. Appropriate measures might include flagging off areas to provide a suitable buffer zone to avoid nests. Maintenance within the exclusion zone would not be done until after any young have fledged or after the breeding season has ended, depending on the agreement reached. 4.3 Pest Management In general, little or no pest control is anticipated for the revegetation project, other than some potential invasive exotic weed control. Cow bird trapping is not part of this mitigation effort. The concepts of integrated pest management (Dreistadt, et al. 1994) will be used on this project. Weed species generally do not need to be controlled unless they are invasive and threaten to displace native plants. Re-establishment of the innocuous, naturalized annual weeds that are common to the area do not normally require extensive control efforts and are expected to be a permanent, if minor, part of the landscape. Some common perennial, invasive exotics that could invade the mitigation area and shall be controlled include: giant reed (Arundo donax), pampas grass (Cortaderia sp.), artichoke thistle (Cynara cardunculus), fennel (Foeniculum vulgare), myoporum (Myoporum sp.) tree tobacco (Nicotiana glaucd), castor bean (Ricinus communis), fountain grass (Pennisetum setaceurri), and salt cedar (Tamarix sp.), among others. These species may be successfully controlled by pulling if discovered early enough at the seedling stage, but may prove impossible to control without herbicides once they become established. The above listed invasive exotic species require 100 percent control during the maintenance and monitoring period. The Habitat Restoration 5225-02 DUDEK 14 May 2007 Coastal Sage Scrub Mitigation Plan Specialist may add additional invasive exotic species to this list as appropriate, should the species appear at the project site. It is possible that exotic ant species control may also be required due to the proximity of ornamental landscaping associated with adjacent housing and the future fire station. Control measures for exotic ant species would be necessary for protection of both coastal California gnatcatcher and San Diego horned lizard (Phrynosoma coronation blainvillii), as well as other species. The Habitat Restoration Specialist and Landscape Maintenance Contractor shall monitor for Argentine and red imported fire ants. If either of these ant species is discovered in the mitigation area, appropriate control actions will be taken by the Landscape Maintenance Contractor. Likely control measures would include placement of bait stations so that the bait material is carried back to the colony to kill the queen(s). Vertebrate pest control is not anticipated as part of this project. Insect pests other than Argentine and red imported fire ants are not expected to be severe enough to warrant attention. Snail control may be required. Plant diseases could become a problem during the plant establishment period, but can generally be controlled by cultural measures. Pest control will be conducted following all applicable laws, regulations, label directions, and safety precautions. Should the landscape contractor require specific pest control recommendations, the contractor shall consult a licensed Pest Control Adviser. The landscape contractor shall provide reports of all pest control measures implemented at the site, including details of method used, including any pesticide applications. Copies of any written recommendations shall also be provided. The Landscape Maintenance Contractor shall provide copies of all Pesticide Use Reports to the City to document pesticide use and reporting. 4.4 Soil Fertility Management The addition of mineral soil amendments and fertilizers are not anticipated during the maintenance period, but may be recommended by the Habitat Restoration Specialist to help improve native plant growth, if necessary. Soil tests taken by Dudek have been used to determine which fertilizers and/or soil amendments have been added to help ensure successful establishment of the desired native species. Depending on soil test results and observed plant appearance, the Habitat Restoration Specialist may recommend applications of agricultural gypsum, fertilizer, or other similar materials to help meet success standards. 4.5 Trash and Debris Removal The Landscape Maintenance Contractor shall remove trash and debris from the mitigation area on a regular basis. All trash and debris removed shall be disposed of off-site in a legal manner. -. . . ~ ~ , , 5225-02 DUDEK 15 May 2007 Coastal Sage Scrub Mitigation Plan ^^ 4.6 Irrigation Management No irrigation system is proposed for this project. Provisions for a temporary on-grade irrigation system have been made for use as a contingency measure, if needed. Irrigation may be recommended if rainfall is inadequate to germinate and establish the desired native vegetation. Any temporary irrigation system will be an on-grade system with spray rotor heads. If an irrigation system is used, it will be operated to establish the mitigation planting. It will be turned off and removed once the plants are well established and the mitigation has been accepted as successful. If an irrigation system is used, the irrigation schedule will vary throughout the year to correspond with the changing evapotranspiration rates. The irrigation schedule will be set to provide approximately 50 percent of reference evapotranspiration (ETo), and adjusted accordingly based on soil moisture and plant response. The irrigation would be reduced during the summer months when the plants should naturally be dormant. The intent would be to provide optimal conditions for maximum plant establishment and healthy growth. In general, the irrigation system will be kept off as long as possible during the winter rainy season. The Landscape Maintenance Contractor will inspect the irrigation system regularly and make any necessary repairs and adjustments as required. Plants growing near the sprinkler heads may be pruned to maintain adequate sprinkler coverage. Once the plants are well established, the irrigation schedule will be reduced and/or terminated on direction of the Habitat Restoration Specialist. 4.7 Five-Year Monitoring and Reporting Program Monitoring shall be both qualitative and quantitative in nature. The Habitat Restoration Specialist shall document and measure habitat development each spring and prepare an annual report presenting the results. Remedial measures will be recommended in the annual reports as needed to address any deficiencies noted. Three 25-meter line intercept transects will be established in the existing revegetated 0.82 acre portion of the mitigation area and two 25-meter line intercept transects will be established in the 0.31 acre portion of the mitigation area. The five transect locations shall be space throughout the mitigation area and their exact locations randomly determined. The transect locations shall be mapped using GPS and shown on a figure in the annual reports. The transects shall be marked with metal t-posts at each end so the same locations can be sampled each year. Transect data shall be collected in late spring each year to show native cover by species, exotic cover by 5225-02 D U D E K 16 May 2007 Coastal Sage Scrub Mitigation Plan species, total vegetated cover, and total unvegetated cover. In addition, a comprehensive plant species list shall be compiled for the 1.13 acre mitigation area. Permanent photo view points shall be established to document vegetation development over time. Photos from the photo view points and of each transect shall be included with the annual reports. Photo view points shall be identified on a figure in the reports. Annual reports shall be prepared and submitted to USFWS and CDFG by December 1 of each year. 4.8 Possible Remedial and Contingency Measures Should rainfall be insufficient to germinate and/or establish the Diegan coastal sage scrub mitigation planting in the years following implementation, there is a contingency to apply temporary irrigation to supplement rainfall. Container stock could also be planted and remedial seeding could be applied as remedial measures to ensure adequate native cover becomes established on the site. The applications of mineral amendments and fertilizer could also be recommended to encourage healthy growth if plant cover and establishment was inadequate to meet project success standards. If native seedling density is sparse or lacking at the annual monitoring, the Habitat Restoration Specialist will recommend additional seed be applied to sparse or bare areas. The same seed mix used at installation shall be used, unless the Habitat Restoration Specialist recommends an alternative seed mix. The Landscape Maintenance Contractor shall remove any weeds and rake the soil surface prior to seeding. The Landscape Maintenance Contractor may apply the seed by hand or hydroseed, depending on how much area needs to be seeded. Seeding shall be done between September and December to take maximum advantage of the winter rainy season. Should the mitigation area and surrounding habitat burn during the five-year maintenance and monitoring period, the Habitat Restoration Specialist shall inspect the mitigation area and surrounding area to determine whether any remedial measures are required in the post-burn period. In general, so long as the mitigation area appears to be recovering naturally, no specific remedial measures will be required during the after bum period, but the success standards may need to be modified. The City will consult with the resource agencies to coordinate a response should a fire occur prior to the mitigation area completing the five-year maintenance and monitoring period. 5225-02 DUDEK 17 May 2007 Coastal Sage Scrub Mitigation Plan 4.9 Final Sign-off and Project Termination Once the mitigation area has completed its five-year maintenance and monitoring period, USFWS and CDFG will be notified that the mitigation has been successfully completed, request a site visit, and ask for final project sign-off. Should the project not meet its success criteria, the maintenance and monitoring period shall be extended and/or other mitigation measures negotiated. Long-term management will be performed by the Center for Natural Lands Management. 5.0 REFERENCES Bowman, R. H. 1973. Soil Survey, San Diego Area, California, Part 1. United States Department of the Agriculture. 104 pp. + appendices. California Exotic Pest Plant Council. 1999. The CalEPPC List: Exotic Pest Plants of Greatest Ecological Concern in California. October. Dreistadt, Steve H., et al. 1994. Pests of the Landscape Trees and Shrubs, An Integrated Pest Management Guide. University of California Division of Agriculture and Natural Resources Publication 3359. U.S. Fish and Wildlife Service and California Department of Fish and Game. 2007. Minor Adjustment to the City of Carlsbad/Fieldstone/La Costa Associates Habitat Conservation Plan/Natural Community Conservation Plan (Fieldstone HCP/NCCP) for Fire Station No. 6, City of Carlsbad, San Diego County, California (CUP 05-13), letter to Don Nue signed by David Zoutendyke for Therese O'Rourke and David Mayer for Michael J. Mulligan. January 17. Wallace Labs. 2007. Soil Test Results and Recommendations for the Fire Station No. 6 Coastal Sage Scrub Mitigation Area. April. .-v . . n. ,- . , 5225-02 D U O E K 18 May 2007