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06-0905_EARTH CONSTRUCTION & MINING_Contract
RECORDING REQUESTED City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AND WHEN RECORDED, MAIL TO: Recorded in Official Records, Orange county Tom Daly, Clerk-Recorder Margaret R. Monahan, City Clerk IIIIIIIIIIiillllllllllllillllllllllllilllllllllllilllllllllllilllllllllllll NO FEE City of San Juan Capistrano 32400 Paseo Adelanto 2006000828804 08:01am 12112106 San Juan Capistrano, CA 92675 102 4 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5xempt from Recording Fees: Gov Code 27383 & 6103 City of San Juan Capistrano This Space for Recorder's Use Only NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City of San Juan Capistrano to Earth Construction and Mining, 1111 E. Commonwealth Ave. # D, Fullerton, CA 92831 for the Rancho Sierra Vista Storm Drain Replacement Project. That said work was completed on October 30, 2006, by said company according to plans and specifications and to the satisfaction of the Engineer of Record, and that said work was accepted by the City Council of the City of San Juan Capistrano, as the owner, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, at a regular meeting thereof held on the 5th day of December, 2006, by Resolution No. 06-12-05-03. That upon said contract, the Contractors Bonding and Insurance Company was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this th d ecember, 2006. Margar Mona an, it CI City of Sa Juan Ca strano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) 1, MARGARET R. MONAHAN, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, DO HEREBY CERTIFY, under penalty of perjury that the foregoing Notice of Completion was ly nd regularly ordered to be recorded in the Office of the Orange County Recorder by said ity 1 Dated at San Juan Capistrano,this 5th day of Dec mb r 6. Margare . Monaha ity erk City of San Juan Cap st ano CONSTRUCTION CONTRACT THIS CONTRACT is made and entered into, to be effective, this6day of �ewtd ems, 2006, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City," and Earth Construction and Mining., hereinafter referred to as "Contractor." City and Contractor mutually agree as follows: Section 1. General Conditions. Contractor certifies and agrees that all the terms, conditions and obligations of the Contract Documents as hereinafter defined, the location of the job site, and the conditions under which the work is to be performed have been thoroughly reviewed, and enters into this Contract based upon Contractor's investigation of all such matters and is in no way relying upon any opinions or representations of City. It is agreed that this Contract represents the entire agreement between the parties. It is further agreed that the Contract Documents including the Notice Inviting Bids, Special Instructions to Bidders, if any, and Contractor's Proposal are incorporated in this Contract by reference, with the same force and effect as if the same were set forth at length herein, and that Contractor and its subcontractors, if any, will be and are bound by any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the work covered by this Contract. "Project" as used herein defines the entire scope of the work covered by all the Contract Documents. Anything mentioned in the Specifications and not indicated in the Plans, or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy in the Plans or Specifications, the matter shall be immediately submitted to City's Engineer, without whose decision Contractor shall not adjust said discrepancy save only at Contractor's own risk and expense. The decision of the Engineer shall be final. CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT 0� B_1 0 0 Section 2. Materials and Labor. Contractor shall furnish, under the conditions expressed in the Plans and Specifications, at Contractor's own expense, all labor and materials necessary, except such as are mentioned in the Specifications to be furnished by the City, to construct and complete the Project, in good workmanlike and substantial order. If Contractor fails to pay for labor or materials when due, City may settle such claims by making demand upon the surety to this Contract. In the event of the failure or refusal of the surety to satisfy said claims, City may settle them directly and deduct the amount of payments from the Contract price and any amounts due to Contractor. In the event City receives a stop notice from any laborer or material supplier alleging non-payment by Contractor, City shall be entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited to administrative and legal fees. Section 3. Description of Project. The Project is described as: Rancho Sierra Vista Storm Drain Replacement as delineated in the Plans prepared by MBF Consulting, Inc., dated June 2006. Work to include: the installation of a 24" storm drain. Section 4. Plans and Specifications. The work to be done is shown in a set of detailed Plans and Specifications entitled: Rancho Sierra Vista Storm Drain Replacement Said Plans and Specifications and any revisions, amendments or addenda thereto are attached hereto and incorporated herein as part of this Contract and referred to by reference. CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT B-2 0 0 Section 5. Time of Commencement and Completion. Contractor agrees to commence the Project within ten (10) calendar days from the date set forth in the "Notice to Proceed" sent by City and shall diligently prosecute the work to completion within sixty (60) calendar days from the date of the "Notice to Proceed" issued by the City excluding delays caused or authorized by the City as set forth in Sections 7, 8 and 9 hereof. Section 6. Time is of the Essence. Time is of the essence of this Contract. As required by the Contract Documents, Contractor shall prepare and obtain approval of all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of Contractor's work in conformance with an approved construction progress schedule. Contractor shall coordinate the work covered by this Contract with that of all other Contractors, subcontractors and of the City, in a manner that will facilitate the efficient completion of the entire work in accordance with Section 5 herein. City shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time or order in which the various portions of the work shall be installed or the priority of the work of other subcontractors, and, in general, all matters representing the timely and orderly conduct of the work of Contractor on the premises. Section 7. Excusable Delays. Contractor shall be excused for any delay in the prosecution or completion of the Project caused by acts of God; inclement weather; damages caused by fire or other casualty for which Contractor is not responsible; any act, neglect or default of City; failure of City to make timely payments to Contractor; late delivery of materials required by this Contract to be furnished by City; combined action of the workers in no way caused by or resulting from default or collusion on the part of Contractor; a lockout by CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT g-3 City; or any other delays unforeseen by Contractor and beyond Contractor's reasonable control. City shall extend the time fixed in Section 5 for completion of the Project by the number of days Contractor has thus been delayed, provided that Contractor presents a written request to City for such time extension within fifteen (15) days of the commencement of such delay and City finds that the delay is justified. City's decision will be conclusive on the parties to this Contract. Failure to file such request within the time allowed shall be deemed a waiver of the claim by Contractor. No claims by Contractor for additional compensation or damages for delays will be allowed unless Contractor satisfies City that such delays were unavoidable and not the result of any action or inaction of Contractor and that Contractor took all available measures to mitigate such damages. Extensions of time and extra compensation as a result of incurring undisclosed utilities will be determined in accordance with Section C- 9(f) of the General Provisions. The City's decision will be conclusive on all parties to this Contract. Section 8. Extra Work. The Contract price includes compensation for all work performed by Contractor, unless Contractor obtains a written change order signed by a designated representative of City specifying the exact nature of the extra work and the amount of extra compensation to be paid all as more particularly set forth in Section 9 hereof. City shall extend the time fixed in Section 5 for completion of the Project by the number of days reasonably required for Contractor to perform the extra work, as determined by City's Engineer. The decision of the Engineer shall be final. Section 9. Changes in Project. A. City may at any time, without notice to any surety, by written order designated or indicated to be a change order, make any change in the work within the general scope of the Contract, including but not limited to changes: CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT 64 1) in the Specifications (including drawings and designs); 2) in the time, method or manner of performance of the work; 3) in the City-furnished facilities, equipment, materials, services or site; or 4) directing acceleration in the performance of the work. B. A change order shall also be any other written order (including direction, instruction, interpretation or determination) from the City which causes any change, provided Contractor gives the City written notice stating the date, circumstances and source of the order and that Contractor regards the order as a change order. C. Except as provided in this Section 9, no order, statement or conduct of the City or its representatives shall be treated as a change under this Section 9 or entitle Contractor to an equitable adjustment. D. If any change under this Section 9 causes an increase or decrease in Contractor's actual, direct cost or the time required to perform any part of the work under this Contract, whether or not changed by any order, the City shall make an equitable adjustment and modify the Contract in writing. Except for claims based on defective specifications, no claim for any change under paragraph (B) above shall be allowed for any costs incurred more than twenty (20) days before the Contractor gives written notice as required in paragraph (B). In the case of defective specifications for which the City is responsible, the equitable adjustment shall include any increased direct cost Contractor reasonably incurred in attempting to comply with those defective specifications. E. If Contractor intends to assert a claim for an equitable adjustment under this Section 9, it must, within thirty (30) days after receipt of a written change order under paragraph (A) or the furnishing of a written notice under paragraph (B), submit a written statement to the City setting forth the general nature and monetary extent of CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT B_5 0 0 such claim. The City may extend the thirty (30) day period. Contractor may include the statement of claim in the notice under paragraph (B) of this Section 9. F. No claim by Contractor for an equitable adjustment shall be allowed if made after final payment under this Agreement. G. Contractor hereby agrees to make any and all changes, furnish the materials and perform the work that City may require without nullifying this Contract. Contractor shall adhere strictly to the Plans and Specifications, unless a change therefrom is authorized in writing by the City. Under no condition shall Contractor make any changes to the Project, either in additions or deductions, without the written order of the City and the City shall not pay for any extra charges made by Contractor that have not been agreed upon in advance in writing by the City. Contractor shall submit immediately to the City written copies of its firm's cost or credit proposal for change in the work. Disputed work shall be performed as ordered in writing by the City and the proper cost or credit breakdowns therefore shall be submitted without delay by Contractor to City. H. If in the opinion of the City's Engineer, it is in the City's best interest and it is deemed necessary to proceed with a required change in the Contract Documents, and time precludes submittal of the Contractor's proposal or, thorough analysis of the Contractor's proposal, or the parties fail to reach an agreement, the City may order the Contractor to proceed (Proceed Order) on the basis of a tentative, not to exceed price based on the best estimate available at the time, with the firm price and time impact to be determined later. If a Proceed Order is issued, the Contractor shall submit his proposal for the changes in the work within 7 calendar days of the Proceed Order, and a Change Order shall be negotiated and fully executed within 30 calendar days of the Proceed Order. Section 10. Liquidated Damages for Delay. CIN OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT B-6 0 0 The parties agree that if the total work called for under this Contract, in all parts and requirements, is not completed within the time specified in Section 5 plus the allowance made for delays or extensions authorized under Sections 7, 8 and 9, the City will sustain damage, which would be extremely difficult and impracticable to ascertain. The parties therefore agree that Contractor will pay to City the sum of Five Hundred Dollars ($500) per day, as liquidated damages, and not as a penalty, for each and every calendar day during which completion of the Project is so delayed. Contractor agrees to pay such liquidated damages and further agrees that City may offset the amount of liquidated damages from any monies due or that may become due Contractor under this Contract. Section 11. Contract Price and Method of Payment. City agrees to pay and Contractor agrees to accept as full consideration for the faithful performance of this Contract, subject to any subsequent additions or deductions as provided in approved change orders, the lump sum of One Hundred Seventy-Nine Thousand dollars ($179,000) as shown on Exhibit "A". Within thirty (30) days from the commencement of work, there shall be paid to the Contractor a sum equal to ninety percent (90%) of the value of the actual work completed plus a like percentage of the value of material suitably stored at the worksite, treatment plant or approved storage yards subject to or under the control of the City, since the commencement of the work as determined by the City. Thereafter, on a schedule issued by the City at the commencement of the job which shows a minimum of one payment made to the Contractor per month for each successive month as the work progresses and the request for payment due dates from the Contractor to meet the payment schedule, the Contractor shall be paid such sum as will bring the total payments received since the commencement of the work up to ninety percent (90%) of the value of the work completed since the commencement of work as determined by the City, less all previous payments, provided that the Contractor submits the request for CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT g-7 0 i payment prior to the end of the day required to meet the payment schedule. The City will retain ten percent (10%) of each approved progress payment until the Work is fifty percent (50%) complete. Then, the City may at its option suspend further retainage until the final progress payment. The City reserves the right to reinstate up to ten percent (10%) retainage of the total of the Work if the City determines, at its discretion, that the Contractor is not performing the Work satisfactorily, or there is other specific cause for such retainage. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City's Engineer, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. Section 12. Substitution of Securities in Lieu of Retention of Funds. Pursuant to Public Contract Code Section 22300 et seq., the Contractor will be entitled to post approved securities with the City or an approved financial institution in order to have the City release funds retained by the City to insure performance of the Contract. Contractor shall be required to execute an addendum to this Contract together with escrow instructions and any other documents in order to effect this substitution. Section 13. Completion. Within ten (10) days after the contract completion date of the Project, Contractor shall file with the City's Engineer its affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or material, except those certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Stop Notices which have been CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT B-8 0 9 filed under the provisions of the statutes of the State of California. City may require affidavits or certificates of payment and/or releases from any subcontractor, laborer or material supplier. Section 14. Contractor's Employees' Compensation. A. Davis-Bacon Act: Contractor will pay and will require all subcontractors to pay all employees on said Project a salary or wage at least equal to the prevailing rate of per diem wages as determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon Act shall apply only if the Contract is in excess of Two Thousand Dollars ($2,000.00) or when twenty-five percent (25%) or more of the Contract is funded by federal assistance. If the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be complied with are incorporated herein as a part of this Contract and referred to by reference. B. General Prevailing Rate: City has ascertained from the State of California Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Contract, and copies of the same are on file in the Office of the Engineer of City. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this public works contract as required by Labor Code Section 1774 of the State of California. C. Forfeiture For Violation: Contractor shall, as a penalty to the City, forfeit Fifty Dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by the Contractor or any subcontractor under it) less than the prevailing rate of per diem wages as set by the CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT B_g 0 0 Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California. D. Travel and Subsistence Pay: Section 1773.8 of the Labor Code of the State of California, regarding the payment of travel and subsistence payments, is applicable to this Contract and Contractor shall comply therewith. E. Apprentices: Section 1777.5, 1777.6 and 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices, is applicable to this Contract and the Contractor shall comply therewith if the prime contract involves Thirty Thousand Dollars ($30,000.00) or more or twenty (20) working days, or more; or if contracts of specialty Contractors not bidding for work through the general or prime Contractor are Two Thousand Dollars ($2,000.00) or more or five (5) working days or more. F. Workday: In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and Contractor shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph (B) above. Contractor shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seg.) of the Labor Code of the State of California and shall forfeit to the City as a penalty, the sum of Twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one week in violation of said Article. Contractor shall CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT B-10 0 0 keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the Project. G. Record of Wages; Inspection: Contractor agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the Project and agrees to require that each of its subcontractors does the same. All payroll records shall be certified as accurate by the applicable Contractor or subcontractor or its agent having authority over such matters. Contractor further agrees that its payroll records and those of its subcontractors shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. Section 15. Surety Bonds. Contractor shall, before entering upon the performance of this Contract, furnish bonds approved by the City Counsel -- one in the amount of one hundred percent (100%) of the Contract price bid, to guarantee the faithful performance of the work, and the other in the amount of one hundred percent (100%) of the Contract price bid to guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approved by the City. Section 16. Insurance. A. Contractor is also aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT B_1 i 0 0 Compensation or undertake self-insurance in accordance with the provisions of that Code and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry workers' compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against City, its officers, agents and employees and shall issue a certificate to the policy evidencing same. C. Contractor shall at all times carry, on all operations hereunder, bodily injury, including death, and property damage liability insurance, including automotive operations, bodily injury and property damage coverage. All insurance coverage shall be in amounts specified by City in the Insurance Requirements and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to City for all operations, subcontract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting workers' compensation coverage, shall name the City, its Directors, Officers, Agents, Employees, Engineers, and Consultants for this contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the City, as additional insureds on said policies. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled without thirty (30) days' written notice to City. CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT B-12 0 0 Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of City by Contractor under Section 17 of this Contract. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall subscribe for and maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company admitted in California and having a Best's Guide Rating of A-Class VII or better: Worker's Compensation In accordance with the Workers' Compensation Act of the State of California -- Minimum of $1,000,000 Public Liability, in the form of either Comprehensive General $1,000,000, per occurrence, or Liability or Commercial General alternatively, Liability written on a per-occurrence $5,000,000 aggregate, separate basis for this project. Automobile liability, including $1,000,000 per occurrence non-owned and hired vehicles City or its representatives shall at all times have the right to inspect and receive the original or a certified copy of all said policies of insurance, including certificates. Contractor shall pay the premiums on the insurance hereinabove required. Section 17. Risk and Indemnification. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees to save, indemnify and keep City, its Directors, Officers, Agents, Employees, Engineers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees harmless against any and all liability, claims, judgments, costs and demands, including demands arising from injuries or death of persons (Contractors' employees included) and damage CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT B_I3 0 0 to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Contractor, save and except claims or litigation arising through the sole negligence or sole willful misconduct of City, and will make good to and reimburse City for any expenditures, including reasonable attorneys' fees City may incur by reason of such matters, and if requested by City, will defend any such suits at the sole cost and expense of Contractor. Section 18. Stop Notice Administration. City reserves the right to charge Contractor for City's actual administrative time (including attorney's time) to administer and process stop notices filed by Contractor's subcontractors, materialmen, or any other claimant or lienholder. Section 19. Termination. A. This Contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given: (1) not less than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. B. This Contract may be terminated in whole or in part in writing by the City for its convenience, provided that the Contractor is given (1) not less than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. C. If termination for default or convenience is effected by the City, an equitable adjustment in the price provided for in this Contract shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the Contractor at the time of termination may be adjusted to cover any additional costs to the City because of the Contractor's default. If termination for default is effected by the Contractor, the equitable adjustment shall include a reasonable profit for services or other work performed, but no adjustment will be allowed for anticipated profits. The equitable adjustment for any termination shall CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT B-14 9 0 provide for payment to the Contractor for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the Contractor relating to commitments which had become firm prior to the termination. D. Upon receipt of a termination action under paragraphs (A) or (B) above, the Contractor shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the Contractor in performing this Contract whether completed or in process. E. Upon termination under paragraphs (A) or (B) above, the City may take over the work and may award another party an agreement to complete the work under this Contract. Contractor agrees to perform all work under this Contract in accordance with the City's designs, drawings and specifications. The Contractor guarantees for a period of at least one (1) year from the date of substantial completion of the work that the completed work is free from all defects due to faulty materials, equipment or workmanship and that he shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs of any damage to other parts of the system resulting from such defects. The City shall promptly give notice to the Contractor of observed defects. In the event that the Contractor fails to make adjustments, repairs, corrections or other work made necessary by such defects, the City may do so and charge the Contractor the cost incurred. The performance bond shall remain in full force and effect through the guarantee period. The Contractor's obligations under this clause are in addition to the Contractor's other express or implied assurances under this Contract or state law and in no way diminish any other rights that the City may have against the Contractor for faulty materials, equipment or work. CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT B-15 9 0 Section 20. Assignment. No assignment by the Contractor of this Contract or any part hereof, or of funds to be received hereunder, will be recognized by the City unless such assignment has had prior written approval and consent of the City and the surety. Section 21. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which it may be entitled. If any action is brought against the Contractor or any subcontractor to enforce a Stop Notice or Notice to Withhold, which names the City as a party to said action, the City shall be entitled to reasonable attorneys' fees, costs and necessary disbursements arising out of the defense of such action by the City. The City shall be entitled to deduct its costs for any Stop Notice filed, whether court action is involved or not. Section 22. Resolution of Disputes. The City and the Contractor shall comply with the revisions of California Public Contracts Code Section 20104, et seq., regarding resolution of construction claims for any claims which arise between the Contractor and the City. Section 23. Notices. Any notice required or permitted under this Contract may be given by ordinary mail at the address set forth below. Any party whose address changes shall notify the other party in writing. To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Director of Public Works CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT g-16 0 0 To Contractor: Charles W. Poss III Earth Construction and Mining 1111 E. Commonwealth, Suite D Fullerton, CA 92831 CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT g_17 0 0 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract as of the date first hereinabove written. CITY OF SAN JUAN CAPI By: '2-�]C&Z", '1"r' David M. Swe lin, Mayor CONT CT R By: 'i1 Earth Con ruction an Mining ATTEST: By: d Mar R. a , Ci Jerk APPROVED AS RM: By: r = — John W Shaw, City Attorney CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT g_�g i BID This is page one of EXHIBIT A,referred to in made and a part of the AGREEMENT between the OWNER and the CONTRACTOR BID TO: CITY OF SAN JUAN CAPISTRANO The undersigned Bidder proposes and agrees,if this Bid is accepted,to enter into an Agreementwith the City in the form included in the Contract Documents (as defined in Article 4 of the Agreement) to perform the Work as specified or indicated in said Contract Documents entitled: RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT PROJECT Bidder accepts all of the terms and conditions of the Contract Documents,including without limitation those in the Notice Inviting Bids and the Instructions to Bidders dealing with the disposition of the Bid Security. This Bid will remain open for the period stated in the Notice Inviting Bids, unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and will furnish the insurance certificates, Payment Bond, Performance Bond, and all Permits required by the Contract Documents. Bidder has examined copies of all the Contract Documents, including the following Addenda(receipt of which is hereby acknowledged): Number Date Number Date Number Date Number Date Bidder has familiarized itself with the nature and extent of the Contract Documents,the Work,the site,the locality where the Work is to be performed,the legal requirements(federal,state, and local laws,ordinances, rules,and regulations), and the conditions affecting cost,progress,or performance of the Work, and has made such independent investigations as Bidder deems necessary. In conformance with the current statutory requirements of California Labor Code Section 1860,et seq.,the undersigned confirms the following as its certification: I am aware of the provisions of Section 3700 of the Labor Code,which require every employer to be insured against liability for worker's compensation,or to undertake self-insurance in accordance with the provisions, before commencing the performance of the Work of this Contract. To all the foregoing,and including all Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit,Bidder's General Information,and Bid Bond contained in these Bid Forms,said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents,and to accept in full payment therefor the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the aforementioned Bidding Schedule(s), Dated: L- -1- C?L Bidder: /312TH Lii' f iQ `t jy�iU iiti By: (Sign ture) Title: PPZ_£Si FORM U-300 BID (PROPOSAL) Nov 230001 Pe BID FORMS - PAGE 1 0 This is Page 2 of Exhibit A, referred to in and made part of the Agreement between the Owner and the Contractor BID SCHEDULE RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT ESTIMATED UNIT ITEM DESCRIPTION QUANTITY UNIT COST AMOUNT 1 General Conditions, Mobilization,Demobilization 1 LS C . --2 Oct 2 Site Work/Demolition 1 LS 2 v -5-68 3 Install 16"RCP Storm Drain Laterals 1 LS ZP, q/6 4 Install 24"RCP Storm Drain Main Line 1 LS 70 o -70 5 Install S.D. Inlets 1 LS I Z 7 6 Install S.D. Junction Structures 1 LS TotaloQQO GNB Ht,+rj02C- D SL- ✓t<NT`,' N1NC "1HoLLSA0 l] 17 Name of Bidder or Firm Unit Price Bid Schedule Bid Forms- Page 2 October 25, 2006 City of San Juan Capistrano Rancho Sierra Vista Storm Drain Replacement Contract Change Order No. 2 CONTRACTOR: This Change Order covers changes to the subject contract as described herein. The Contractor is to construct or furnish equipment and materials, and performs all work as necessary or required to complete the Change Order items for the prices agreed upon between the Contractor and the City. The additional work contained within this Change Order can be performed incidental to the prime work and within the time allotted for the original Contract and any extensions to the Contract Time made by this and all previously issued Change Orders, if any. It is therefore mutually agreed that the number of calendar days extension of time, if any, provided for in this Change Order is required for the change of work provided herein, and that no direct or indirect, incidental or consequential costs, expenses, losses or damages have been or will be incurred by Contractor, except as expressly granted and approved by this Change Order and, further, that the payment under this Change Order is the final and complete compensation for the subject work. Payment to the contractor for this Change Order shall provide full compensation for all equipment, materials, labor, field and home office overhead, mark-ups and profit necessary to complete the work. By executing this Change Order, contractor agrees to proceed with the work as a change order per Section 9 of the Construction Contract and waives any right to additional compensation arising out of work listed in this change order, including without limitation, any claims relating to any cumulative effect of changer orders, delays, productivity impact or interruption. In accordance with the contract provisions, the following changes in the contract and/or contract work are hereby authorized and as compensation, the following additional to or deductions from the contract price are hereby approved. Item Description Amount Remove and haul vegetation off-site and install additional erosion 1� control in pipe outlet area as detailed in the attached Exhibit "A" $ 3,500.00 Total for Change Order No. 2 $ 3,500.00 1 a The original cost for this work was: $ 179,000.00 The cost of amendments/change order(s) to date is: $ 6,000.00 The cost of this amendment/Change Order No. 1 is: $ 3,500.00 Upon approval, the total cost of this project is: $ 188,500.00 The original contract completion date for this work was: 20 November 2006 The additional work included in this Change Order shall add: 0 calendar days The contract completion date shall remain as: 20 November 2006 The Contractor agrees to furnish all labor and materials and to perform all other necessary work required to complete the Change Order items. This document will become a supplement to the contract and all provision will apply hereto. It is understood that the Change Order shall become effective when approved by the City. RECOMMENDED: Dave Adams, City Manager Date )h&nE4lwe Works Director Date Peter g o, i r C' ' ngineer Date /v Len Brongo, E nstruction a fining bate 2 10/24/2006 16:08 949-58224 LTEX PAGE 02/02 Earth Construction Minim October 24, 2006 City of San Juan. Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Peter Salgado RE: Change Order#2 Rancho Sierra Vista Storm Drain. Dear Mr. Salgado Per your request the changes to the Rancho Sierra Vista Storm Drain Replacement Project are as follows. I- Remove Vegetation Haul Off Site 2. Install Landlock 435 on slope The total additional cost for change order 9 2 - _____________ S 3500.00 Considering that we are in the process of the storm drain installation,we ask that the City formally approve the changes listed above Sincerely Leonard Brongo ECM Project Manager EXHIBIT A I I1 1 E.COMMONWEALTH AVENUE, SUITE D, FUIJ.FPTON, CA 92831. PHONE 714-871-3262 * FAX 714-871-3020 • 4ond No.: CE5302 Premium: $ SEE ATTACHED RIDER PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That EARTH CONSTRUCTION & MINING as Contractor, And CONTRACTORS BONDING AND INSURANCE COMPANY as Surety, are held and firmly bound unto the City of San Juan Capistrano, a legal entity, organized and existing in the County of Orange, California, hereinafter called the "Owner', in the sum of: ONE HUNDRED SEVENTY-NINE THOUSAND AND N0/100 ($179,000.00) dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS said Contractor has been awarded and is about to enter into the annexed Agreement with said Owner to perform the Work as specified or indicated in the Contract Documents entitled: RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT NOW THEREFORE, if said Contractor shall perform all the requirements of said Contract Documents required to be performed on its part, at the times and in the manner specified herein, then this obligation shall be null and void, otherwise it shall remain in full force and effect. PROVIDED, that any alterations in the Work to be done or the material to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents, release either said Contractor or said Surety, and notice of such alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED AND SEALED, this 11th day of September, 2006. CONS UCTION ONORS BONDING Co actor& INING Surat ANd14;ANCE COMPANY By By Title ✓>5 J.W. Johnso Titl At ornev-in-Fact (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) FORM U-610 PERFORMANCE BOND x16U-610bond.wpd Nov 2001 ACKNOWLEDGMENT State of California County of Orange On September 11, 2006 before me, Brad L. Settgast, Notary Public (here insert name and title of the officer) personally appeared J.W. Johnson, Attorney-in-Fact personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature 4o' (Seal) e OOONOOOOOOOpe000e0000ee.ey000000900000 BRAD 2 OMM L.#SEST CTTrGAGA W 14 D NOTARY PUBLIC-CALIFORNIA m Q ORANGE COUNTY D �eeeOeOeNe—My COmmiaeiwl EViMI May 4 200 zz 9OPN.Nseee.•saasses.ed CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California t ll,f Irl r as. County of J /� / / On I/ /.���, before me,s I ✓ / / t'e 6-Qr't /�uKJII�' ate A ) I ne and T:�5 Officer(e.g.,"Jane Doe Not ry Public") J personally appeared C- la/IeS /'O S S Name(s)of Signer(e) ❑ personally known to me oved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed ANNE 1111TWELL to the within instrument and acknowledged to me that CoraeWYontt509362 he/she/they executed the same in his/her/their rblayPublic-CaNa is authorized capacity(ies), and that by his/her/their OpongeCou* - signature(s) on the instrument the-person(s), or the 1MVCeOrREVIIII"AU023• entity upon behalf of which the person(s) acted, P. executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above / `-""� l 0_6� c Sgnatute of Notary PubNc 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: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General _ ❑ Attorney in Fact MINIM Y Top of thumb here F-1 Attorney in Fact ' Top of thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2004 National Notary Association-9350 De Soto Ave.,PO,Box 2402-Chatsworth,CA 91313-2402 Item No.5907 Reorder Call TollFree1-800-8]6-682] 0 PAYMENT BOND Bond A CE5302 Premium: Included in Performance Bond Premium KNOW ALL MEN BY THESE PRESENTS, That EARTH CONSTRUCTION & MINING as Contractor, And CONTRACTORS BONDING AND INSURANCE COMPANY as Surety, are held and firmly bound unto the City of San Juan Capistrano, a legal entity, organized and existing in the County of Orange, California, hereinafter called the"Owner', in the sum of: ONE HUNDRED SEVENTY-NINE THOUSAND AND NO/100 ($179,000.00) dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. WHEREAS said Contractor has been awarded and is about to enter into the annexed Agreement with said Owner to perform the Work as specified or indicated in the Contract Documents entitled: RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT NOW THEREFORE, if said Contractor, its subcontractors, its heirs, executors, administrators, successors, or assigns shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in upon, for, or about the performance of the Work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, 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 its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such labor, all as required by the provisions of Title XV, Chapter 7, Sections 3247-3252, inclusive, of the Civil Code of the State of California and acts amendatory thereof, and Sections of other Codes of the State of California referred to therein and acts amendatory thereof, and provided that the persons, companies, or corporations so furnishing said materials, provisions, equipment, or other supplies, appliances, or power used in, upon, for, or about performance of the Work contracted to be executed or performed, or any person, company, or corporation renting or hiring implements or machinery or power for, or contributing to, said work to be done, or any person who performs work or labor upon the same, or any person who supplies both work and materials therefore, shall have complied with the provisions of said laws, then said surety will pay the same in an amount not exceeding the sum hereinbefore set forth, and also will pay, in case suit is brought upon this bond, a reasonable attorney's fee as shall be fixed by the Court. This bond shall inure to the benefit of any and all persons named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. PROVIDED, that any alterations in the Work to be done or the material to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents release either said Contractor or said Surety, and notice of said alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED AND SEALED,this 11th day of September, 2006. -EARTH RUCTION ON ORS BONDING Gontr or MI f NG Surety S RJ COMPANY BY -- By Title ►avC J.W. Jo son Title A ornev-in-Fact (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) FORM U-610 PAYMENT BOND X16U-610bond.wpd Nov 2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California/�f County of � L/ /I�tn p ss. W� 11 On O(.D 1 before me, SheruI Apr e- Z_U#Yeff lVOfug6/Ic D to ame an The of Ol�fe.g.,"Jane Doe,Notary Public") personally appeared Cha.rles f O SS Names)of Signer e) ❑ personally known to me 4,pr6ved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their Ryt ANNE UMRELL authorized capacity(ies), and that by his/her/their CarmrlWon 11509352 signature(s) on the instrument the person(s), or the tbbY^+ C°tllallo I entity upon behalf of which the person(s) acted, olorw Car* 1MNCaom.lb"NAU923, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above �� /I Q ' _TSignature 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(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General _ ❑ Attorney in Fact Top of thumb here ❑ Attorney in Fact Top of thumb here Ll Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2004 National Notary Association•9350 be Soto Ave.,Po.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 ReorderCall Toll-Free 1-800-876-6827 ACKNOWLEDGMENT State of California County of Orange On September 11, 2006 before me, Brad L. Settgast, Notary Public (here insert name and title of the officer) personally appeared J.W. Johnson, Attorr in-Fact , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) �000000000000000000NOONNOON0000000000 BRAD L.SETTGAST D COMM#1487848 W NOTARYPURLIC-CALIFORNIA m Q ORANGE COUNTY A MY i�M�O��NNOONOCNONsINONONONO0008 e°>'o^ ^^.—'�>°'o°oo°e�_ oog''^>'.�_s�`noa°"o e'�,•�>«>'o°ooe e.�°e°e dee.�•..»"'`oa..��°$�000'.�q eoo�o°a°o°`o° "° o•'o �-�..o'o'og`e a °° eBB°Jo ... - o,.^►'6ro a°oo°gam o^`8'0<°0o a°...�Bo°oa°°>'a�°,',°o e°o°�"`%°°"9�e p pae � P>°e°o'a°�+°•n°e°.�°°x't°`a0�°a '°0 8>04°,o eP,^eap oaa p°'° 0000°o JOes°= °°xex9°a ^eop pe' o>opvp°pa�° °°peparp.° pprva°e `vorp° p°° °°e° (��i`°'°�""pP977fP4P.to $piiV7PV4P0°�p9V.9PPP44b° y'"a e`-p v�'ea J, 4 0°=7+�e°ta;�°ao'o?,=�=e°e°Jpp 1!�ee o�"pOdi9VP34Pp°°ppP79PPPipp°-°pp9oPOPVPPo"°pp9iP4..PRPP°°'°p7P9Pi4i4p`p""v`p 9iO4P 0°p P J v a' ° pVVa eP °^P99) r P o'°p°vP9.74.Vio°e°'°vp9V.iPPiPp"°pP9974P4POP"'opPP4P 7Pi°a°p°���o'�II (I!!'��� # � I � I • , III ��nJJ) 'e9Jx0°oe o • . 00 o°°°°px0 `O op ec°o oeeo eej0 o° READ CAREFULLY - to be used only with the bond specified herein a 4�ej a Only an unaltered original . this Power. Attorney document is valid.A valid originalof this document printed on graye<p< securitgAlacer with black and red ink and bears th.4 seal csi-C-cnamr-M=-M-wo The original document contains a watermark with the letters"chic" watermar embedded p. • .. . .• . vi visible when the document is held to ht il if °ems .. . . p• ." p '. . . p . • .-1 • eeo 00,0 p � o iu @lj.• • . . *'Ml 00 10is valid only if the bond is executed on or before the date indicated above. oa eoje 1 ::KNOW ALL MEN - the Company does hereby make, - Ilaand BRA• L. SETTOAST its true and lawful Attorney(a)-in-Fact. with full power and ed00oe°a s to Acknowledge deliver and authority hereby conferred in its place and 0 00660' °'oopo9, that shall •bligate excess of $10,000,000, _ provided,Company for any portion of _that no penal - thereof = shall e ee660e $10,000,000;° I 4041; o excess - consents, - - - and other seo<e odocutnents required by an obliges under a contract bonded by the Company. Thisappointment is made under the authority of the Board of DireCtora of the e eoeoe vo4x ------------------------------------------------------------------- °a0ie s •- _ • 4 • • I : # r f I I, I o °a'.e44 v����eo e oe�ee,4J� 'ILII 'f'€,ti ,,." � 'r r - I • , I • • u •• 1! • °°°a°°°I e c i - : I • - •• 1 f # �� ed44dlipvp °p4lddl.9e° °! del+bdp ° °'.4lfp Ids °elP !!Ip° °dd5+0lipp' ° d6+ t v °ao-axaldp °steel dvv„Pd!° rpa Ib ea r pp ° ° e '��� ° 0444 ppppap 9 J 49 a rV 4 -e4e p°a e p rx o p o4 i c o P�oie° eP°4 ie ° 041 ! ...,�° `°+..+ �•+�.� ��,r wr°g +s. '+�� �`w• ...7r'�»a vee BOND RIDER To be attached to and form a part of Type of Bond: Performance and Payment Bond No. CE5302 executed by Earth Construction & Mining, as Principal, and by Contractors Bonding and Insurance Company as Surety, in favor of City of San Juan Capistrano and dated September 11, 2006 In consideration of the premium charged for the above referenced bond, it is hereby agreed to change: Indicate specific Performance Bond premium of$3,580.00(in lieu of typing information directly onto bond form). The above referenced bond shall be subject to all its agreements, limitations and conditions except as herein expressly modified. This rider is effective September 11.2006 Signed and Sealed September 11.2006 Principa l, n ructionLInsurance By: Surety: i om an By: J.W. Joh ORNEY-IN- ACT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California I (Q t1(y County of On 13 ^/ �1 OCD before me, She✓� 1,{-r1 reLu�Ke1% N?N- y Pub/,"( Date � andTtle fOXeS"JDoe,Notary Public") personally appeared ooS J Nari of Signegs) ❑ personally known to me roved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that IaS*MANNE WMEL he/she/they executed the same in his/her/their CamrYWanfill 1509352 9 authorized capacity(ies), and that by his/her/their Will Mae-Ca"I signature(s) on the instrument the person(s), or the MirCailimB Yalhp23, entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above / I X I 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: Capecity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other:_ ❑ Other: Signer Is Representing: Signer Is Representing: ®2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-896-6827 ACKNOWLEDGMENT State of California County of Orange On September 11, 2006 before me, Brad L. Settgast, Notary Public (here insert name and title of the officer) personally appeared J.W. Johnson, Attorney-in-Fact personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 7PjibSignature (Seal) AeseeeoeNoeeeeeeeeesseseNeeeseseeeeeee BRAD L. SE7TGAST ir LU COM Q M#7487848 D N07ARY PUBLIC•CALIFORNIA m ,[ ORANGE COUNTY X deseeNNeeNeNNOONeeeeN May 4,200 es$ Bo a °e..�o ovo vi oma.e�ae<'Oae�"���`,w°oee�o��°`°`°o.��.oe;`^e•�..'e�oe°+ode o+°"•�^`o a�.°,o°e �'o° r�°�o`°.'e^, °e��o°'o'e°...�..u."o•<en.a °°°ee B,y vo � � - ."� .► o°,r^`8�°`0°0po��.:e0000;:�^.e'o 0<e 8 aevo a:o?•e aa!o o`a°�eo a o'o <aP o90 a°P p _ o°aoeo`o ale eos`' °°'>o�°*°o°°•=�0 °°<°<e^e'•e`��a`�°pe ee 0 9pge°e000 ePgpo e°°0009°=p0e° ei Op OPaq poo_ea ea°P{ap°°= eaePe90{a°y-aee ee°a° °°eeeep 04OOeq ° eP°oe'�e°°°°P:4+e'er^e°Oa°eoa°P ee°^^e°a.a9a ����`"'��°49P49?fpoq�4P9iP9fPPP9`�°9ii9P9.i Con° � 9f9 °�� ? ° 9 °'° v°;•„a9 9'°lo:e9 9°¢B�>a;°e °qp°° = e99° 9PP°eevp°°'°e9ea°{egap°.=°a;„e�� ��A6 '°o49i PpPq"0497? PfpgS°•°$4499ffPPq'"�oP4if?99p{p p99#P.99.fp.e='°oii9979fpr` ° 99#49f9p{ 9 ? P o° t v"'oP4 9 7Pf4 �°oP9iP9PPP9v°"o45PPPPp P{°'ae,o f) °a°°a°goes • ^a°�°eea READ CAREFULLY- to be used only, with the bond specified herein e.eoe — - .. . -9 r . • 1 1 :. 1 r• 9 1 .. _o o°00'ee �lii�{. . 9. . r -.9- r� 9.9- 9� • 9 -9 9.9 ep'I��iJ too<.P 99� . 9. . r -. •.' 1 ' , 9. 9 r. -r 9 �a nos r' 9. 9 r• .- 9 � . . r9 . 1 9-9 . r. 9 . 9 paeovee ion 9 is exec utod 9' orb e foredate 9 -9and Appoint the following: J.W. JOHNSON, VIRGINXA M. BERRY, MARK ROSSKOPF and KNOW ALL MEN BY THESE PRESENTS, that the Company does hereby make, constitute BRAD L. SETTGAST its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver on behalf of the Company; (1) any and all bonds and undertakings of suretyship given for any purpose, provided, however, that no : such person shall be authorized to execute and deliver Any bond or undertaking xcess e4poe a ,000,000,have the Authority to issue a bid or proposal bond for any project where, if a in excess of $10,000.000; and (2) consents, releases and other similar contract is awarded, any bond or undertaking would be required with penal sum {o, documents required by an obligee under a contract bonded by the Company. This U`►, oa° o oe000aooa° ------------------------------------------------------------------------------- !!J oaigoe o 1 ' — 1 ! 1 1 : f e Y / !• 1 a ve°i 'f''Ilae 1 1 1 1 � • ' Y ! 1 - f Y - °`°°caJ 1 a�jnJ� e°•t?voo f � ! 1 1 1 1 o poi"e 4 _evo>ee' f • u . 1i • g e e°° ° lP9dododElde geeeei°fe�ies figaSrE€D ° ° edd4okroet ep#r"Pdal4° °ldada}dl0e e9 Sr °!! e ! ypiase. o di! !!!ea d ddd! area °pdfdddlYea, °pola !!ee {e ° :11{) rp p9Pe aQ°000� e q ° a° P° a a <a °qa a ppP p ,caae e °P pa9 sp< e` y a °a.._ .;+oma •.o. - +a. o...�► :"+."':• ��;i^.°nee`° • 90nd No.: CES302 Premium: $ SEE ATTACHED RIDER PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That EARTH CONSTRUCTION & MINING as Contractor, And CONTRACTORS BONDING AND INSURANCE COMPANY as Surety, are held and firmly bound unto the City of San Juan Capistrano, a legal entity, organized and existing in the County of Orange, California, hereinafter called the "Owner', in the sum of: ONE HUNDRED SEVENTY-NINE THOUSAND AND NO1100 ($179,000.00) dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS said Contractor has been awarded and is about to enter into the annexed Agreement with said Owner to perform the Work as specified or indicated in the Contract Documents entitled: RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT NOW THEREFORE, if said Contractor shall perform all the requirements of said Contract Documents required to be performed on its part, at the times and in the manner specified herein, then this obligation shall be null and void, otherwise it shall remain in full force and effect. PROVIDED, that any alterations in the Work to be done or the material to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents, release either said Contractor or said Surety, and notice of such alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED AND SEALED, this 11th day of September, 2006. EARTH C UCTION NT RS BONDING Contra r AINI Sure D Al COMPANY By —� - BY Title J.W. ohnson Title Attorney-in-Fact (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) FORM U-610 PERFORMANCE BOND X16U-610bond.wpd Nov 2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California n ss. County ofQ (-a, J On -I (3 before me, CJI\eY A, �One.LAllliI� f4 Date t,, ) N\m an�y of OXicer(e.g.,"J Lary Public") personally appeared ('ha l��eS W IHSS J-f �- Name(s)of Signer(s) ❑ personally known to me ;4'r'oved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that 0 DOM ANNEUMRFLL he/she/they executed the same in his/her/their Carrw Rt N oNwit authorized capacity(ies), and that by his/her/their 509352 lb1aY RtbFc�CaMarYa - pb �ry signature(s) on the instrument the person(s), or the tryCWMFap- AUI entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 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: Signers) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ;J Corporate Officer-Title(s): ❑ Corporate Off icer-Title(s): ❑ Partner-❑ Limited ❑ General C Partner-❑ Limited ❑ General _ ❑ Attorney in Fact Top of thumb here ❑ Attorney in Fact Top of thumb here El Trustee 11Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2004 National Notary Association•9350 De Soto Ave.,PO,Box 2402•Chatsworth,CA 91313-2402 Item No,5907 Reorder:Call Toll-Free 1-800-876-6827 ACKNOWLEDGMENT State of California County of Orange On September 11, 2006 before me, Brad L. Settgast, Notary Public (here insert name and title of the officer) personally appeared _ J.W. Johnson, Attorney-in-Fact personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signatu (Seal) seesseNMeeseseeseNseeeeeeeeeeNeeeeeee R BRAD L.S6TCGAST = COMM#1487848 m 2 O - NOTARY PUBLIC-CALIFORNIA !U ORANGE COUNTY Q My Commission Expires May 4,20M ; Oe O V 00900eeNee00000NNOONONO000NON0 • PAYMENT BOND Bond No CE5302 Premium: Included in Performance Bond Premium KNOW ALL MEN BY THESE PRESENTS, That EARTH CONSTRUCTION & MINING as Contractor, And CONTRACTORS BONDING AND INSURANCE COMPANY as Surety, are held and firmly bound unto the City of San Juan Capistrano, a legal entity, organized and existing in the County of Orange, California, hereinafter called the"Owner', in the sum of: ONE HUNDRED SEVENTY-NINE THOUSAND AND NO1100 ($179,000.00) dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. WHEREAS said Contractor has been awarded and is about to enter into the annexed Agreement with said Owner to perform the Work as specified or indicated in the Contract Documents entitled: RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT NOW THEREFORE, if said Contractor, its subcontractors, its heirs, executors, administrators, successors, or assigns shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in upon, for, or about the performance of the Work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, 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 its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such labor, all as required by the provisions of Title XV, Chapter 7, Sections 3247-3252, inclusive, of the Civil Code of the State of California and acts amendatory thereof, and Sections of other Codes of the State of California referred to therein and acts amendatory thereof, and provided that the persons, companies, or corporations so furnishing said materials, provisions, equipment, or other supplies, appliances, or power used in, upon, for, or about performance of the Work contracted to be executed or performed, or any person, company, or corporation renting or hiring implements or machinery or power for, or contributing to, said work to be done, or any person who performs work or labor upon the same, or any person who supplies both work and materials therefore, shall have complied with the provisions of said laws, then said surety will pay the same in an amount not exceeding the sum hereinbefore set forth, and also will pay, in case suit is brought upon this bond, a reasonable attorney's fee as shall be fixed by the Court. This bond shall inure to the benefit of any and all persons named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. PROVIDED, that any alterations in the Work to be done or the material to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents release either said Contractor or said Surety, and notice of said alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED AND SEALED, this 11th day of September, 2006. RTH C t RUCTION ON TORS BONDING Contra r& IN Sure N I RANCE COMPANY By _ ZLI&= r By Title J.W. Jo son Title At me -in-Fact (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) FORM U-610 PAYMENT BOND X16U-610bond.wpd Nov 2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of l ss. On 3 before me, n�Lu �e�� .ru,��6l l� Bald lqj and Title of Officer e.g.,'Jane Doe,Nobiry Public")) personally appeared Name(s)of Signer(s) ❑ personally known to me roved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed gNERYL��NNE UIIIREIl to the within instrument and acknowledged to me that CommNYoni1509352 he/she/they executed the same in his/her/their NolW Mft•C01111100rO authorized capacity(ies), and that by his/her/their orarwC°�db signature(s) on the instrument the person(s), or the ���nnr' «Aug�' entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above C>��,/�,�/— L:J/ If 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(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General _ ❑ Attorney in Fact Top of thumb here ❑ Attorney in Fact El Trustee Top of thumb here Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2004 National Notary Association•9350 De Soto Ave.,PO.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 ACKNOWLEDGMENT State of California County of Orange On September 11, 2006 before me, Brad L. Settgast, Notary Public (here insert name and title of the officer) personally appeared J.W. Johnson, AttornE in-Fact r personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) 7.f J �.1. NNOgO00000NON0000000000 BRAD L.SETTGAST Y COMM# 1487848 D LU NOTARY PUBLIC-CALIFORNIA m` Q ORANGE COUNTY M $ My Commission Expires May 4,2008 J 6NsassO0N00000NONON0000000000006NI �°+o�e�o"e�cease�c�y°ate eo�<ii�^°�?�u Y°c�apo a i�•usu��c ow��a a oho i°�•' ua awe°!V�o ewe o�^u�ado.•.�°a a emu i��°r�c�v��o a�<`9 _ b '°°oe a°ao°�°�^��„'o a°q 0000,••ao-S'r�.,ae e`o°°e4P9e°�Beveoe000°e°o-�.�ao�i'o°9°'o°°o'a .�. Ja o9S o aeP°ope°a.A°°ap9 oe ...........oe°o °°°oo°p � � ...... °op Oo`u�°°fo00°aOdaO�!°OP4o00o°°a—.•'P°d°°baa y °5p0 °n°a0° yy°e09�00 aS9°a�a°OQa P°0909pp�°j OS9 o°°C9009a °Oa° - � ' ° CP 909p° o°4CCC009 J°v!vQ0 P109Sey aS9'p 90e° °p C 95° 00090090ep�op C'9"aJ°°�•��a°p°0009°0°vpe°ve�ye009tS4ej:.°°Opi boas°e 74 ppr.ilpC9e°°voii111,Vp99°°?911116f Topa:°vP4VIIi0j.o°°Po111fiVp°pp°t°4�9apSiiPo99T°oVii?141039°E°P999P91f4a1°�'oQ991i41y99 e999P449Pa$"°PPiV�49'ii4°vp'�o-oiiiV914po9"P94VPP?fi9JJ°•'�°a;,°° it 90ape e e v uQ oap°e° °fllt"o I ♦ af''��°o READ CAREFULLY - to be used only with the bond specified here111111 M. in = _ °gill) 11 :,weo e0*0 ,1 „ „ , o :: 1 jj „' - . , ail) pee° v e ra° e soeae o °�ttvee ^GO eve IN, �' `e � F j5I 5,?'' �..tr o eOpaP4a +`..4 0 LL a`9 s ft 1 1 :If • • :11 1 ����p• 1 p 1 °4'�� ,�°a p'OdidEldee addldddupe E dddded!@e a bd ! s Dv .eJdy+dlEad ealddddlE 9 s !d 9 J!d -090'§au 9 d+GSSaese. 'nada! 1aP 9dodddl E9° aJddhisel9a eok a4llE9. "�) o� °°° 00e9Ce 9 °, o a P aa.9°° 9.eeP J w J 9s 9 JS a a 9 oC e a 9 J<a d o s. f • • BOND RIDER To be attached to and form a part of Type of Bond: Performance and Payment Bond No. CE5302 executed by Earth Construction & Mining, as Principal, and by Contractors Bonding and Insurance Company as Surety, in favor of City of San Juan Capistrano and dated September 11, 2006 In consideration of the premium charged for the above referenced bond, it is hereby agreed to change: Indicate specific Performance Bond premium of$3,580.00 (in lieu of typing information directly onto bond form). The above referenced bond shall be subject to all its agreements, limitations and conditions except as herein expressly modified. This rider is effective September 11,2006 Signed and Sealed September 11,2006 Principal: E nstr tt n& in By: Surety: Con 6rh a na and Insurance Company By: J.W. nson ATTORNEY-IN-FACT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ------------------ State of California ss. County of ii�� On v before me, QI'U' nQ (�/CL//, c0✓U �J f c D to n JW�am1antl f ORicar Jane°�otary(e.g.,' Public') personally appeared l a l' IOS • S S �Z— Name(e)of Signers) ❑ personally known to me ,p-ryr6ved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that SHERYL ANNE LUTTRELL� he/she/they executed the same in his/her/their Cammmgon+t 1509352 authorized capacity(ies), and that by his/her/their NolKill- "MO signature(s) on the instrument the person(s), or the OKOWCM* MYComm.BYwAup2J. entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above 1� u YL A -0 A AJC Tr c 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: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Off icer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—0 Limited ❑ General _ ❑ Attorney in Fact To of thumb here 1:1 Attorney in Fact P Top of thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other ❑ Other: Signer Is Representing: Signer Is Representing: ®2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Frae 1-600-676-6627 f I • • ACKNOWLEDGMENT State of California County of Orange On September 11, 2006 before me, Brad L. Settinast, Notary Public (here insert name and title of the officer) personally appeared J.W. Johnson, Attorney-in-Fact personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) OOgOONON000gqqqqO000NOONON9qqqqOqq00 BNORAD L.SETTGAST = COMM# 1487848 m W TARY PUBLIC-CALIFORNIA Q ORANGE COUNTY aaMy Commission Expires May 4,2008 Sq�OggqN�qOs�OqqNOqqONOOOq........... °°voa°e?,��►e` <�.v a°�vo..^°o^`oa���sa^`Oooe�oe:��e°°,°o^o:.:� °o�'S��°,'e'oo.,,�..ee`vo° �", •�'� 'OO°° +�►e'^'° ��a'vovoe���°°"e'o^°t 4qo°B o° ..°. ... ^r a o°o°°'o °°':°`0'e+,"•�aoo a°J°O°^_�,°°i o°o d'ia••�,go spa eo 0 BBCoe> � °OOOeO '• 0 000 c°^pe°ej°i ap:r e� � e?peo°°°0a,e °p0 0000oae��o00Je0°o ea�J°000°0°� P°CO°0'o�'°,._QO°°O00°Joon° °ae°0°°Oo � °^ae°!i0'09°.9q 0'Oo° ee0PP90 P>e`°e0099000^ °000000<°° °°a9J 00Pe° °e°°OCPt 9:O °iOO o0g0°0 'X70"0e°g0•°uiia ae00---- -----°:ooa0 pe°�°°ooe0°coi°oe�^a e.....eo°o � II'°d''�'etli?9aippo"`99?i?OVfppP"P ??4P °'�O0 °-+ a ja•�ry9C >eJ ° PJCJ J ee99eP 40ea.:aoe>PPg9�V°;•?eo9oggqc°aa.J °ao94 0 P Aep°�°9°0?? lipipa a4i-44PG1ppo"'oq?9??Pppgp°'Pv°99940pip"p4° °9,i0p?Fppq°'°a'i9044?46pq"'o9099Po{PVr° v0?VP4?Prga' eP9F?ppppgq°'°°."° 6 21 °P<p0 asa°erste - d�u�a0<�Da9 �,>otlo� a eavo, (�h�a READ CAREFULLY to he used only with the bond specified herein J��O e� • -t . _ . 1 °. \ . \. 1 1 _ t YI -ti _ e �apJ The ori inal 1- 1 .tl vi 4o0ope0 s document Y' t \ t\ 1 1 t \1 1 i 7100 If-- Ai v r°P 'Oeaeooey QOeep . \ !" VI 1 \ \' "V t 1nibt\ is valid only, bond is executed on or \ the date 1 tabove. `�6y>oe s _ _ hereby make, constitute e ao°Oo00 • 1' - Y coeojOq° :BRAD,and appoint the following$ J.W. JOHNSON, VIRGINIA M. BERRY, MARK ROSSKOPF and I. SETTGAST its true and lawful Attorney(s)-in-Fact, with full power and 1 authority hereby conferred in its name, place and stead, to execute, e°(( j such person shall be authorized to execute and deliver any bond or undertaking "IIII excess of $10,000,000,that shall obligate ° ,e Company for any portion of the penal sum thereof in tlae (QUI' o "il)I °0oa°Fdin excess of $10,000,000; and (2) con�sents, releases and other similar documentsrequired an CCZLtract bonded (flu`sappointment is made under the authority of the Board of 1 e -------------------------------------------------------------------------------- e woeJ o��eeooe tqq i . °f° °(�pll � �° �r Com"y _ -• , . , . - rr 1• 1 i v e aee.ga�a J * � 1 R Pod"ddElEe gdldddd' 40 °a9dd YakEga giddOd+^814 oa0'.5!!!Fe eed+d!`!!o eqd ht'Y!6 4 0 !lluoo c dfEasb! o e pa YI ea a4u a e q a °q ql��� <o'e o oG 04to a ooe a e oe aq .°o c <a e e ° 499 ° oee 4 'o88e1 po8P8 o e8 40080 . -i'V. °,asW.°r° Mre aye eti. RESOLUTION NO. 06-12-05-03 A RESOLUTION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT PROJISCT (EARTH CONSTRUCTION AND MINING) WHEREAS, on the 5`h day of September, 2006, the City of San Juan Capistrano entered into a contract with Earth Construction and Mining for the Rancho Sierra Vista Storm Drain Replacement project; and, WHEREAS, the Engineer of Record has evaluated the final quantities and cost figures and recommends approval per its letter dated November 1, 2006; and, NOW, THEREFORE, BE IT RESOLVED, by the City of San Juan Capistrano as follows: SECTION 1. That the work required to be performed by said Contractor has been completed. SECTION 2. That the total cost of said work is in the amount of$188,500. SECTION 3. That the work is hereby accepted and approved. SECTION 4. That the City Clerk is directed to forthwith forward a "Notice of Completion" to the County Recorder of the County of Orange for recording. PASSED, APPROVED, AND ADOPTED this 5`h day of December 2006. AY R: Sam Allevato ATIFES MARGAT MONAFA)N CITY CLERK Pagel of 1 12/5/2006 STATE OF CALIFORNIA ) COUNTY OF ORANGE )ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No.06-12-05-03 was duly adopted bythe City Council of the Cityof San Juan Capistrano at a Regular meeting thereof, held the 51'day of December 2006, by the following vote: AYES- COUNCIL MEMBERS: Hdbar;Mielsen, Uso, Soto and Mayor Allevato NO CO NCIL MEMBER: None , Im' A SEN C NCIL MEMBER: None ARG R. ON A City Clerk f e., • 12/5/2006 E7 AGENDA REPORT TO: Dave Adams, City Manager FROM: John W. Elwell, Interim Public Works Director SUBJECT: Consideration of Notice of Completion for the Rancho Sierra Vista Storm Drain Replacement Project (Earth Construction and Mining)(CIP# 412) (Rancho Sierra Vista Stables) RECOMMENDATION: By motion, 1. Adopt a resolution declaring the work complete for the Rancho Sierra Vista Storm Drain Replacement Project; and, 2. Direct the City Clerk to record the Notice of Completion; and, 3. Authorize staff to release the retention 35 days after recordation. SITUATION: The City owns and maintains an existing storm drain that runs from a catch basin on Avenida De La Vista, through the Rancho Sierra Vista Stables and terminates at San Juan Creek. Over the years, this storm drain has sustained major leaks, root infiltration, and a build-up of silt and debris. It was also discovered that the pipe alignment does not have a sufficient gradient to ensure proper drainage, thus resulting in a build up of silt and debris. This project replaced the existing storm drain at the Rancho Sierra Vista Stables, with approximately 500 feet of new 24-inch reinforced concrete pipe. On September 5, 2006, the City of San Juan Capistrano awarded a construction contract to Earth Construction and Mining (ECM) for the project. MBF Consulting, the project engineer has determined the contract work to be complete (Attachment 1), and staff, therefore recommends final acceptance of the contract. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: Not applicable. Agenda Report • • December 5, 2006 Page 2 FINANCIAL CONSIDERATIONS: The original construction contract cost with ECM was $179,000. During construction, two change orders were issued for a total of $9,500. Therefore, the final construction contract cost with ECM is $188,500. The FY 2006-2007 Capital Improvement Budget includes sufficient funds to cover ECM's final contract cost. NOTIFICATION: Earth Construction and Mining RECOMMENDATION: By motion, 1. Adopt a resolution declaring the work complete for the Rancho Sierra Vista Storm Drain Replacement Project; and, 2. Direct the City Clerk to record the Notice of Completion; and, 3. Authorize staff to release the retention 35 days after recordation. Respectfully su miffed, Prepared by, ohn W, ell eter I do ublic Works Director Se or i it En ineer Attachments: 1. Statement of Completion from Engineer 2. Notice of Completion 3. Resolution 4. Location Map Novemberl, 2006 Mr. Peter Salgado Public Works Department City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RANCHO SIERRA VISTA STORM DRIAN REPLACEMENT PROJECT Dear Mr. Salgado: Construction of the Rancho Sierra Vista Storm Drain Replacement Project is now complete. MBF Consulting (MBF) attended a final job walk on October 30, 2006 with the contractor, the city staff, and the Sierra Vista Equestrian management personnel. At conclusion of this walk-through, we found the construction to have been completed in accordance with the design plans and to the satisfaction of all parties present. MBF recommends the city to proceed with project closer as deems necessary. Please do not hesitate to call me at (949) 525-7282 if you have any questions. Sincerely, Michael Fakhar, PE Principal 22321 Birchleaf,Mission Viejo, California 92692 (949)340-6642 ♦ Fax(949)380-9464 ATTACHMENT RECORDING REQUESTED • City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AND WHEN RECORDED, MAIL TO: Margaret R. Monahan, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Exempt from Recording Fees: Gov Code 27383 & 6103 City of San Juan Capistrano This Space for Recorder's Use Only NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City of San Juan Capistrano to Earth Construction and Mining, 1111 E. Commonwealth Ave. # D, Fullerton, CA 92831 for the Rancho Sierra Vista Storm Drain Replacement Project. That said work was completed on October 30, 2006, by said company according to plans and specifications and to the satisfaction of the Engineer of Record, and that said work was accepted by the City Council of the City of San Juan Capistrano, as the owner, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, at a regular meeting thereof held on the 51" day of December, 2006, by Resolution No. 06-12-05. That upon said contract, the Contractors Bonding and Insurance Company was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this _day of , 2006. Margaret R. Monahan, City Clerk City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, DO HEREBY CERTIFY, under penalty of perjury that the foregoing Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Clerk. Dated at San Juan Capistrano this day of 2006. Margaret R. Monahan, City Clerk City of San Juan Capistrano ATTACHMENT 2 RESOLUTION NO. 06-12-05 A RESOLUTION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT PROJECT (EARTH CONSTRUCTION AND MINING) WHEREAS, on the 5t" day of September, 2006, the City of San Juan Capistrano entered into a contract with Earth Construction and Mining for the Rancho Sierra Vista Storm Drain Replacement project; and, WHEREAS, the Engineer of Record has evaluated the final quantities and cost figures and recommends approval per its letter dated November 1, 2006; and, NOW, THEREFORE, BE IT RESOLVED, by the City of San Juan Capistrano as follows: SECTION 1. That the work required to be performed by said Contractor has been completed. SECTION 2. That the total cost of said work is in the amount of$188,500. SECTION 3. That the work is hereby accepted and approved. SECTION 4. That the City Clerk is directed to forthwith forward a "Notice of Completion" to the County Recorder of the County of Orange for recording. PASSED, APPROVED, AND ADOPTED this _day of , 2006. ATTEST: MARGARET R. MONAHAN, CITY CLERK ATTACHMENT THE CITY OF rfiSAN JUAN CAPISTRANO "TO N roi ct Site Ul �Vlp '-b DEL L9 "T 0 3000 6000 9000 Feet ATTACHMENT 4 32400 PASEO ADELANTO 5 iJ MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 SAM (949)493-1171 �y � - DIANE BATHG (949)493-1053 FAX V` in[AAvoAAlE4 DIANE BATHGATE [SIAIIISN(0 1961 WYATT HART www.sanjuancapistrano.org 1776 JOESOTO • • DAVID M.SWERDLIN NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 7:00 p.m. on December 5, 2006 in the City Council Chamber in City Hall, to consider: "Consideration of Notice of Completion for the Rancho Sierra Vista Storm Drain Replacement Project (Earth Construction and Mining)(CIP# 412)(Rancho Sierra Vista Stables)" — Item No. E7. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, December 4, 2006 allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Peter Salgado, Senior Civil Engineer. You may contact that staff member at (949) 949-443-6366 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancai)istrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council-agendas(a)sanivancapistrano.org. Meg Monahan, CMC City Clerk cc: Earth Construction & Mining; John W. Elwell, Public Works Director; Peter Salgado, Senior Civil Engineer Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future ;)Printed on 100%Recycled Paper • yJIIW/� � • 32400 PASEO ADELANTO A MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 (949)493-1171 �__ SAM ALLEVATO (949)493-1053 RAx iAtARVAAAIEA THOMAS W.HRIBAR fSIAIIISAEA 1961 MARK NIELSEN wwwsanjuancapistrano.org 1776 JOE SOTO • DR.LONDRES USO December 8, 2006 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO On October 3, 2006, the City Council of San Juan Capistrano met regarding: "Consideration of Notice of Completion for the Rancho Sierra Vista Storm Drain Replacement Project (Earth Construction and Mining)(CIP# 412)(Rancho Sierra Vista Stables)" Item No. E7. The following action was taken at the meeting: Resolution 06-12-05-03 adopted declaring the work complete for the Rancho Sierra Vista Storm Drain Replacement Project (CIP No. 412); City Clerk directed to record the Notice of Completion; and Staff authorized to release the retention 35 days after after recordation. The following documents are in the process of being executed: n/a If you have any questions regarding this action, please contact Peter Salgado, Senior Civil Engineer at 949-443-6366 for more detailed information. Thank you, Meg Monahan, CMC City Clerk Cc: Earth Construction & Mining; John W. Elwell, Public Works Director; Peter Salgado, Senior Civil Engineer San Juan Capistrano: Preserving the Past to Enhance the Future 40 R,imea on recycles paper • • 9/5/2006 AGENDA REPORT D11 TO: Dave Adams, City Manager FROM: John W. Elwell, Interim Public Works Director SUBJECT: Consideration of a Construction Contract and Appropriation of Funds for the Rancho Sierra Vista Storm Drain Replacement Project (Earth Construction and Mining) (CIP #412) (Rancho Sierra Vista Stables) RECOMMENDATION: By motion, 1. Acknowledge the receipt of all bids and award a Construction Contract to Earth Construction and Mining in the amount of$179,000; and, 2. Authorize the Mayor to execute the Construction Contract, and authorize the City Manager to approve necessary changes to the Contract within the project budget; and, 3. Appropriate $50,000 from the Systems Development Fund to cover project costs. SITUATION: The City owns and maintains an existing storm drain that runs from a catch basin on Avenida De La Vista, through the Rancho Sierra Vista Stables and terminates at San Juan Creek. This storm drain sustained severe damage during the heavy rains experienced in the 2005 rainy season, leaks, major root infiltration, and a build-up of silt and debris. It was also discovered that the pipe alignment does not have a sufficient gradient to ensure proper drainage, thus resulting in a build up of silt and debris. This project will replace the existing storm drain at the Rancho Sierra Vista Stables, with approximately 500 feet of new 24-inch reinforced concrete pipe. On July 3, 2006, the City Council approved the project plans and specifications, and authorized the City Clerk to solicit bids for the project. Bids were opened on August 1, 2006, and the lowest responsive and responsible bid was submitted by Earth Construction and Mining (ECM) for a total amount of$179,000. Staff determined the project to be categorically exempt from environmental review based on Section 15302, Class 2(b) of the California Environmental Quality Act (CEQA) Guidelines, which exempts the replacement of existing utility systems. Agenda Report • • September 5, 2006 Page 2 COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: Not applicable. BIDS RECEIVED: The following bids were opened on August 1, 2006: Earth Construction and Mining $179,000 Savala Construction Co. $187,271 Garcia Juarez Construction, Inc. $195,000 Fleming Environmental, Inc. $196,455 FINANCIAL CONSIDERATIONS: The FY 2006-2007 Capital Improvement Budget includes $197,000 for the Rancho Sierra Vista Storm Drain Replacement Project. Of this amount, a total of $134,300 has been budgeted for construction. The budget of $134,300 is based on the engineer's estimated cost of construction. The low bid of $179,000 is approximately 33% higher than the amount budgeted for construction. Staff recommends a total of $50,000 be appropriated from the Systems Development Fund to cover not only the low bid, but associated construction contingencies. The recommended appropriation will increase the total project budget of$197,000 to $247,000. This will be sufficient to complete the project. NOTIFICATION: Earth Construction and Mining Agenda Report • • September 5, 2006 Page 3 RECOMMENDATION: By motion, 1. Acknowledge the receipt of all bids and award a Construction Contract to Earth Construction and Mining in the amount of $179,000; and, 2. Authorize the Mayor to execute the Construction Contract, and authorize the City Manager to approve necessary changes to the Contract within the project budget; and, 3. Appropriate $50,000 from the System Development Fund to cover project costs. Respectfully submitted, Prepared by, J, n W. WIweli P r S a Public Works Director eni Ci it n neer (/ Attachments: 1. Construction Contract 2. Location Map • CONSTRUCTION CONTRACT THIS CONTRACT is made and entered into, to be effective, this day of 2006, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City," and Earth Construction and Mining., hereinafter referred to as "Contractor." City and Contractor mutually agree as follows: Section 1. General Conditions. Contractor certifies and agrees that all the terms, conditions and obligations of the Contract Documents as hereinafter defined, the location of the job site, and the conditions under which the work is to be performed have been thoroughly reviewed, and enters into this Contract based upon Contractor's investigation of all such matters and is in no way relying upon any opinions or representations of City. It is agreed that this Contract represents the entire agreement between the parties. It is further agreed that the Contract Documents including the Notice Inviting Bids, Special Instructions to Bidders, if any, and Contractor's Proposal are incorporated in this Contract by reference, with the same force and effect as if the same were set forth at length herein, and that Contractor and its subcontractors, if any, will be and are bound by any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the work covered by this Contract. "Project" as used herein defines the entire scope of the work covered by all the Contract Documents. Anything mentioned in the Specifications and not indicated in the Plans, or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy in the Plans or Specifications, the matter shall be immediately submitted to City's Engineer, without whose decision Contractor shall not adjust said discrepancy save only at Contractor's own risk and expense. The decision of the Engineer shall be final. CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT g-} ATTACHMENT Section 2. Materials and Labor. Contractor shall furnish, under the conditions expressed in the Plans and Specifications, at Contractor's own expense, all labor and materials necessary, except such as are mentioned in the Specifications to be furnished by the City, to construct and complete the Project, in good workmanlike and substantial order. If Contractor fails to pay for labor or materials when due, City may settle such claims by making demand upon the surety to this Contract. In the event of the failure or refusal of the surety to satisfy said claims, City may settle them directly and deduct the amount of payments from the Contract price and any amounts due to Contractor. In the event City receives a stop notice from any laborer or material supplier alleging non-payment by Contractor, City shall be entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited to administrative and legal fees. Section 3. Description of Proiect. The Project is described as: Rancho Sierra Vista Storm Drain Replacement as delineated in the Plans prepared by MBF Consulting, Inc., dated June 2006. Work to include: the installation of a 24" storm drain. Section 4. Plans and Specifications. The work to be done is shown in a set of detailed Plans and Specifications entitled: Rancho Sierra Vista Storm Drain Replacement Said Plans and Specifications and any revisions, amendments or addenda thereto are attached hereto and incorporated herein as part of this Contract and referred to by reference. CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT B-2 Section 5. Time of Commencement and Completion. Contractor agrees to commence the Project within ten (10) calendar days from the date set forth in the "Notice to Proceed" sent by City and shall diligently prosecute the work to completion within sixty (60) calendar days from the date of the "Notice to Proceed" issued by the City excluding delays caused or authorized by the City as set forth in Sections 7, 8 and 9 hereof. Section 6. Time is of the Essence. Time is of the essence of this Contract. As required by the Contract Documents, Contractor shall prepare and obtain approval of all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of Contractor's work in conformance with an approved construction progress schedule. Contractor shall coordinate the work covered by this Contract with that of all other Contractors, subcontractors and of the City, in a manner that will facilitate the efficient completion of the entire work in accordance with Section 5 herein. City shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time or order in which the various portions of the work shall be installed or the priority of the work of other subcontractors, and, in general, all matters representing the timely and orderly conduct of the work of Contractor on the premises. Section 7. Excusable Delays. Contractor shall be excused for any delay in the prosecution or completion of the Project caused by acts of God; inclement weather; damages caused by fire or other casualty for which Contractor is not responsible; any act, neglect or default of City; failure of City to make timely payments to Contractor; late delivery of materials required by this Contract to be furnished by City; combined action of the workers in no way caused by or resulting from default or collusion on the part of Contractor; a lockout by CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT B-3 City; or any other delays unforeseen by Contractor and beyond Contractor's reasonable control. City shall extend the time fixed in Section 5 for completion of the Project by the number of days Contractor has thus been delayed, provided that Contractor presents a written request to City for such time extension within fifteen (15) days of the commencement of such delay and City finds that the delay is justified. City's decision will be conclusive on the parties to this Contract. Failure to file such request within the time allowed shall be deemed a waiver of the claim by Contractor. No claims by Contractor for additional compensation or damages for delays will be allowed unless Contractor satisfies City that such delays were unavoidable and not the result of any action or inaction of Contractor and that Contractor took all available measures to mitigate such damages. Extensions of time and extra compensation as a result of incurring undisclosed utilities will be determined in accordance with Section C- 9(f) of the General Provisions. The City's decision will be conclusive on all parties to this Contract. Section 8. Extra Work. The Contract price includes compensation for all work performed by Contractor, unless Contractor obtains a written change order signed by a designated representative of City specifying the exact nature of the extra work and the amount of extra compensation to be paid all as more particularly set forth in Section 9 hereof. City shall extend the time fixed in Section 5 for completion of the Project by the number of days reasonably required for Contractor to perform the extra work, as determined by City's Engineer. The decision of the Engineer shall be final. Section 9. Changes in Project. A. City may at any time, without notice to any surety, by written order designated or indicated to be a change order, make any change in the work within the general scope of the Contract, including but not limited to changes: CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT g-q 1) in the Specifications (including drawings and designs); 2) in the time, method or manner of performance of the work; 3) in the City-furnished facilities, equipment, materials, services or site; or 4) directing acceleration in the performance of the work. B. A change order shall also be any other written order (including direction, instruction, interpretation or determination) from the City which causes any change, provided Contractor gives the City written notice stating the date, circumstances and source of the order and that Contractor regards the order as a change order. C. Except as provided in this Section 9, no order, statement or conduct of the City or its representatives shall be treated as a change under this Section 9 or entitle Contractor to an equitable adjustment. D. If any change under this Section 9 causes an increase or decrease in Contractor's actual, direct cost or the time required to perform any part of the work under this Contract, whether or not changed by any order, the City shall make an equitable adjustment and modify the Contract in writing. Except for claims based on defective specifications, no claim for any change under paragraph (B) above shall be allowed for any costs incurred more than twenty (20) days before the Contractor gives written notice as required in paragraph (B). In the case of defective specifications for which the City is responsible, the equitable adjustment shall include any increased direct cost Contractor reasonably incurred in attempting to comply with those defective specifications. E. If Contractor intends to assert a claim for an equitable adjustment under this Section 9, it must, within thirty (30) days after receipt of a written change order under paragraph (A) or the furnishing of a written notice under paragraph (B), submit a written statement to the City setting forth the general nature and monetary extent of CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT B-5 • • such claim. The City may extend the thirty (30) day period. Contractor may include the statement of claim in the notice under paragraph (B) of this Section 9. F. No claim by Contractor for an equitable adjustment shall be allowed if made after final payment under this Agreement. G. Contractor hereby agrees to make any and all changes, furnish the materials and perform the work that City may require without nullifying this Contract. Contractor shall adhere strictly to the Plans and Specifications, unless a change therefrom is authorized in writing by the City. Under no condition shall Contractor make any changes to the Project, either in additions or deductions, without the written order of the City and the City shall not pay for any extra charges made by Contractor that have not been agreed upon in advance in writing by the City. Contractor shall submit immediately to the City written copies of its firm's cost or credit proposal for change in the work. Disputed work shall be performed as ordered in writing by the City and the proper cost or credit breakdowns therefore shall be submitted without delay by Contractor to City. H. If in the opinion of the City's Engineer, it is in the City's best interest and it is deemed necessary to proceed with a required change in the Contract Documents, and time precludes submittal of the Contractor's proposal or, thorough analysis of the Contractor's proposal, or the parties fail to reach an agreement, the City may order the Contractor to proceed (Proceed Order) on the basis of a tentative, not to exceed price based on the best estimate available at the time, with the firm price and time impact to be determined later. If a Proceed Order is issued, the Contractor shall submit his proposal for the changes in the work within 7 calendar days of the Proceed Order, and a Change Order shall be negotiated and fully executed within 30 calendar days of the Proceed Order. Section 10. Liquidated Damages for Delay. CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT 6-6 The parties agree that if the total work called for under this Contract, in all parts and requirements, is not completed within the time specified in Section 5 plus the allowance made for delays or extensions authorized under Sections 7, 8 and 9, the City will sustain damage, which would be extremely difficult and impracticable to ascertain. The parties therefore agree that Contractor will pay to City the sum of Five Hundred Dollars ($500) per day, as liquidated damages, and not as a penalty, for each and every calendar day during which completion of the Project is so delayed. Contractor agrees to pay such liquidated damages and further agrees that City may offset the amount of liquidated damages from any monies due or that may become due Contractor under this Contract. Section 11. Contract Price and Method of Payment. City agrees to pay and Contractor agrees to accept as full consideration for the faithful performance of this Contract, subject to any subsequent additions or deductions as provided in approved change orders, the lump sum of One Hundred Seventy-Nine Thousand dollars ($179,000) as shown on Exhibit "A". Within thirty (30) days from the commencement of work, there shall be paid to the Contractor a sum equal to ninety percent (90%) of the value of the actual work completed plus a like percentage of the value of material suitably stored at the worksite, treatment plant or approved storage yards subject to or under the control of the City, since the commencement of the work as determined by the City. Thereafter, on a schedule issued by the City at the commencement of the job which shows a minimum of one payment made to the Contractor per month for each successive month as the work progresses and the request for payment due dates from the Contractor to meet the payment schedule, the Contractor shall be paid such sum as will bring the total payments received since the commencement of the work up to ninety percent (90%) of the value of the work completed since the commencement of work as determined by the City, less all previous payments, provided that the Contractor submits the request for CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT g_7 • payment prior to the end of the day required to meet the payment schedule. The City will retain ten percent (10%) of each approved progress payment until the Work is fifty percent (50%) complete. Then, the City may at its option suspend further retainage until the final progress payment. The City reserves the right to reinstate up to ten percent (10%) retainage of the total of the Work if the City determines, at its discretion, that the Contractor is not performing the Work satisfactorily, or there is other specific cause for such retainage. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City's Engineer, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. Section 12. Substitution of Securities in Lieu of Retention of Funds. Pursuant to Public Contract Code Section 22300 et seq., the Contractor will be entitled to post approved securities with the City or an approved financial institution in order to have the City release funds retained by the City to insure performance of the Contract. Contractor shall be required to execute an addendum to this Contract together with escrow instructions and any other documents in order to effect this substitution. Section 13. Completion. Within ten (10) days after the contract completion date of the Project, Contractor shall file with the City's Engineer its affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or material, except those certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Stop Notices which have been CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT B-8 filed under the provisions of the statutes of the State of California. City may require affidavits or certificates of payment and/or releases from any subcontractor, laborer or material supplier. Section 14. Contractor's Employees' Compensation. A. Davis-Bacon Act: Contractor will pay and will require all subcontractors to pay all employees on said Project a salary or wage at least equal to the prevailing rate of per diem wages as determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon Act shall apply only if the Contract is in excess of Two Thousand Dollars ($2,000.00) or when twenty-five percent (25%) or more of the Contract is funded by federal assistance. If the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be complied with are incorporated herein as a part of this Contract and referred to by reference. B. General Prevailing Rate: City has ascertained from the State of California Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Contract, and copies of the same are on file in the Office of the Engineer of City. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this public works contract as required by Labor Code Section 1774 of the State of California. C. Forfeiture For Violation: Contractor shall, as a penalty to the City, forfeit Fifty Dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by the Contractor or any subcontractor under it) less than the prevailing rate of per diem wages as set by the CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT B-g Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California. D. Travel and Subsistence Pay: Section 1773.8 of the Labor Code of the State of California, regarding the payment of travel and subsistence payments, is applicable to this Contract and Contractor shall comply therewith. E. Apprentices: Section 1777.5, 1777.6 and 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices, is applicable to this Contract and the Contractor shall comply therewith if the prime contract involves Thirty Thousand Dollars ($30,000.00) or more or twenty (20) working days, or more; or if contracts of specialty Contractors not bidding for work through the general or prime Contractor are Two Thousand Dollars ($2,000.00) or more or five (5) working days or more. F. Workday: In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and Contractor shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph (B) above. Contractor shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seg.) of the Labor Code of the State of California and shall forfeit to the City as a penalty, the sum of Twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one week in violation of said Article. Contractor shall CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT g_10 keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the Project. G. Record of Wages; Inspection: Contractor agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the Project and agrees to require that each of its subcontractors does the same. All payroll records shall be certified as accurate by the applicable Contractor or subcontractor or its agent having authority over such matters. Contractor further agrees that its payroll records and those of its subcontractors shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. Section 15. Surety Bonds. Contractor shall, before entering upon the performance of this Contract, furnish bonds approved by the City Counsel -- one in the amount of one hundred percent (100%) of the Contract price bid, to guarantee the faithful performance of the work, and the other in the amount of one hundred percent (100%) of the Contract price bid to guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approved by the City. Section 16. Insurance. A. Contractor is also aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT B-11 Compensation or undertake self-insurance in accordance with the provisions of that Code and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry workers' compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against City, its officers, agents and employees and shall issue a certificate to the policy evidencing same. C. Contractor shall at all times carry, on all operations hereunder, bodily injury, including death, and property damage liability insurance, including automotive operations, bodily injury and property damage coverage. All insurance coverage shall be in amounts specified by City in the Insurance Requirements and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to City for all operations, subcontract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting workers' compensation coverage, shall name the City, its Directors, Officers, Agents, Employees, Engineers, and Consultants for this contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the City, as additional insureds on said policies. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled without thirty (30) days' written notice to City. CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT B-12 • • Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of City by Contractor under Section 17 of this Contract. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall subscribe for and maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company admitted in California and having a Best's Guide Rating of A-Class VII or better: Worker's Compensation In accordance with the Workers' Compensation Act of the State of California -- Minimum of $1,000,000 Public Liability, in the form of either Comprehensive General $1,000,000, per occurrence, or Liability or Commercial General alternatively, Liability written on a per-occurrence $5,000,000 aggregate, separate basis for this project. Automobile liability, including $1,000,000 per occurrence non-owned and hired vehicles City or its representatives shall at all times have the right to inspect and receive the original or a certified copy of all said policies of insurance, including certificates. Contractor shall pay the premiums on the insurance hereinabove required. Section 17. Risk and Indemnification. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees to save, indemnify and keep City, its Directors, Officers, Agents, Employees, Engineers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees harmless against any and all liability, claims, judgments, costs and demands, including demands arising from injuries or death of persons (Contractors' employees included) and damage CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT B-13 to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Contractor, save and except claims or litigation arising through the sole negligence or sole willful misconduct of City, and will make good to and reimburse City for any expenditures, including reasonable attorneys' fees City may incur by reason of such matters, and if requested by City, will defend any such suits at the sole cost and expense of Contractor. Section 18. Stop Notice Administration. City reserves the right to charge Contractor for City's actual administrative time (including attorney's time) to administer and process stop notices filed by Contractor's subcontractors, materialmen, or any other claimant or lienholder. Section 19. Termination. A. This Contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given: (1) not less than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. B. This Contract may be terminated in whole or in part in writing by the City for its convenience, provided that the Contractor is given (1) not less than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. C. If termination for default or convenience is effected by the City, an equitable adjustment in the price provided for in this Contract shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the Contractor at the time of termination may be adjusted to cover any additional costs to the City because of the Contractor's default. If termination for default is effected by the Contractor, the equitable adjustment shall include a reasonable profit for services or other work performed, but no adjustment will be allowed for anticipated profits. The equitable adjustment for any termination shall CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT B-14 • r provide for payment to the Contractor for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the Contractor relating to commitments which had become firm prior to the termination. D. Upon receipt of a termination action under paragraphs (A) or (B) above, the Contractor shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the Contractor in performing this Contract whether completed or in process. E. Upon termination under paragraphs (A) or (B) above, the City may take over the work and may award another party an agreement to complete the work under this Contract. Contractor agrees to perform all work under this Contract in accordance with the City's designs, drawings and specifications. The Contractor guarantees for a period of at least one (1) year from the date of substantial completion of the work that the completed work is free from all defects due to faulty materials, equipment or workmanship and that he shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs of any damage to other parts of the system resulting from such defects. The City shall promptly give notice to the Contractor of observed defects. In the event that the Contractor fails to make adjustments, repairs, corrections or other work made necessary by such defects, the City may do so and charge the Contractor the cost incurred. The performance bond shall remain in full force and effect through the guarantee period. The Contractor's obligations under this clause are in addition to the Contractor's other express or implied assurances under this Contract or state law and in no way diminish any other rights that the City may have against the Contractor for faulty materials, equipment or work. CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT B-15 Section 20. Assignment. No assignment by the Contractor of this Contract or any part hereof, or of funds to be received hereunder, will be recognized by the City unless such assignment has had prior written approval and consent of the City and the surety. Section 21. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which it may be entitled. If any action is brought against the Contractor or any subcontractor to enforce a Stop Notice or Notice to Withhold, which names the City as a party to said action, the City shall be entitled to reasonable attorneys' fees, costs and necessary disbursements arising out of the defense of such action by the City. The City shall be entitled to deduct its costs for any Stop Notice filed, whether court action is involved or not. Section 22. Resolution of Disputes. The City and the Contractor shall comply with the revisions of California Public Contracts Code Section 20104, et seq., regarding resolution of construction claims for any claims which arise between the Contractor and the City. Section 23. Notices. Any notice required or permitted under this Contract may be given by ordinary mail at the address set forth below. Any party whose address changes shall notify the other party in writing. To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Director of Public Works CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT g_16 To Contractor: Charles W. Poss III Earth Construction and Mining 1111 E. Commonwealth, Suite D Fullerton, CA 92831 CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT g_17 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract as of the date first hereinabove written. CITY OF SAN JUAN CAPISTRANO By: David M. Swerdlin, Mayor C TR CT By. Earth onstructio and Mining pye.si ATTEST: By: Margaret R. Monahan, City Clerk APPROVED AS TO F M: By: John R. aw, City Attorney CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT B_18 BID This is page one of EXHIBIT A, referred to in made and a part of the AGREEMENT between the OWNER and the CONTRACTOR BID TO: CITY OF SAN JUAN CAPISTRANO The undersigned Bidder proposes and agrees,if this Bid is accepted,to enter into an Agreement with the City in the form included in the Contract Documents (as defined in Article 4 of the Agreement) to perform the Work as specified or indicated in said Contract Documents entitled: RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT PROJECT Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and the Instructions to Bidders dealing with the disposition of the Bid Security. This Bid will remain open for the period stated in the Notice Inviting Bids, unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and will furnish the insurance certificates, Payment Bond, Performance Bond, and all Permits required by the Contract Documents. Bidder has examined copies of all the Contract Documents, including the following Addenda(receipt of which is hereby acknowledged): Number Date Number Date Number Date Number Date Bidder has familiarized itself with the nature and extent of the Contract Documents,the Work, the site,the locality where the Work is to be performed,the legal requirements (federal, state,and local laws,ordinances, rules, and regulations), and the conditions affecting cost,progress,or performance of the Work, and has made such independent investigations as Bidder deems necessary. In conformance with the current statutory requirements of California Labor Code Section 1860,et seq.,the undersigned confirms the following as its certification: I am aware of the provisions of Section 3700 of the Labor Code,which require every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions, before commencing the performance of the Work of this Contract. To all the foregoing, and including all Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information,and Bid Bond contained in these Bid Forms,said Bidderfurther agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefor the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the aforementioned Bidding Schedule(s). i Dated: -�- 1.-.;1? Bidder 6i 1�,l iA By: 1 (Signature) Title: J"1Z�y uc��i FORM uao° BID (PROPOSAL) xoeuaoob,a w,d Noy 2001 BID FORMS - PAGE 1 • This is Page 2 of Exhibit A, referred to in and made part of the Agreement between the Owner and the Contractor BID SCHEDULE RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT ESTIMATED UNIT ITEM DESCRIPTION QUANTITY UNIT COST AMOUNT 1 General Conditions, Mobilization, Demobilization 1 LS % 2 Site Work/Demolition 1 LS 2 c.', S 3 Install 18" RCP Storm Drain Laterals 1 LS Z C C 4 Install 24" RCP Storm Drain Main Line 1 LS -17 C C 7 c, 5 Install S.D. Inlets 1 LS l , z Ll-5 6 Install S.D. Junction Structures 1 LS Z ;' c/' 7Ls-: Total C?N C-7 H'-Lt. a L) S v' "-Ty Ti ilq6 "T H©i,S:A rJ £D 0//,— ece l A il1 14 ST CT 1 '—t i ✓'v a,P:i lil i Name of Bidder or Firm Unit Price Bid Schedule Bid Forms- Page 2 THE CITY OF e ., SAN JUAN CAPISTRANO pl ,-, 4` t4 (d 1 lz P.. roi�'ct Site ? 8 rr � � ( M DEL i t ttY r � r 0 3000 6000 9000 Feet ATTACHMENT 32400 PASEO ADELANTO r MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 / (949)493-1171 /,dam SATO (949)493.1053 FAX 1> Iv(OevOAAiF1 DIANNEE BATHATHGATE 617 W 0 1961 WYATT HART wwwsanjuancapistrano.orK 17766 JoEsoro • • DAVID M.SWERDLIN NOTIFICATION OF MEET- POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 7:00 p.m. on September 5, 2006 in the City Council Chamber in City Hall, to consider: "Consideration of a Construction Contract and Appropriation of Funds for the Rancho Sierra Vista Storm Drain Replacement Project (Earth Construction and Mining) (CIP #412) (Rancho Sierra Vista Stables)" — Item No. D11. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 12:00 p.m. on Tuesday, September 5, 2006 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Peter Salgado, Senior Civil Engineer. You may contact that staff member at (949) 443-6366 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council-agendas(a)sanivancapistrano.org. Meg Monahan, CMC City Clerk cc: Earth Construction and Mining; John W. Elwell, Interim Public Works Director; Peter Salgado, Senior Civil Engineer *Received staff report �SSan Juan Capistrano: Preserving the Past to Enhance the Future y Printed on 100%Recycled Paper 32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 i (949)493-1171 SAM ALLEVATO (949)493.1053 FAXE'9 m[o APOAAiFe DIANE BATHGATE BiAIIISXfO 1961 WYATT HART www.sanjuancapi.rirano.org 1776 JOE SOTO • DAVID M.SWERDLIN September 6, 2006 e NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO On September 5, 2006 the City Council of San Juan Capistrano met regarding: "Consideration of a Construction Contract and Appropriation of Funds for the Rancho Sierra Vista Storm Drain Replacement Project (Earth Construction and Mining) (CIP #412) (Rancho Sierra Vista Stables)" Item No. D11. The following action was taken at the meeting: Receipt of all bids for the Rancho Sierra Vista Storm Drain Replacement Project acknowledged and a Construction Contract awarded to Earth Construction and Mining, in the amount of $179,000; the Mayor authorized to execute the Construction Contract; the City Manager authorized to approve necessary changes to the contract within the project budget; and $50,000 appropriated from the systems Development Fund to cover project costs. The following documents are in the process of being executed: n/a If you have any questions regarding this action, please contact Peter Salgado, Senior Civil Engineer at 443-6366 for more detailed information. Thank you, Meg Monahan, CMC City Clerk Cc: Earth Construction and Mining; John W. Elwell, Interim Public Works Director; Peter Salgado, Senior Civil Engineer San Juan Capistrano: Preserving the Past to Enhance the Future y�,1 Printed on 100%Recycled Paper • • 7/3/2006 AGENDA REPORT D10 TO: Dave Adams, City Manager FROM: Eric Bauman, Water Engineering Manager SUBJECT: Consideration of Approval of Plans and Specifications for the Rancho Sierra Vista Storm Drain Replacement Project (CIP # 412)(Rancho Sierra Vista Stables) RECOMMENDATION: By motion, 1. Approve the Plans and Specifications for the Rancho Sierra Vista Storm Drain Replacement Project; and, 2. Authorize the City Clerk to advertise the project for competitive bids. SITUATION: The City owns and maintains an existing storm drain that runs from a catch basin on Avenida De La Vista, through the Rancho Sierra Vista Stables and terminates at San Juan Creek. During the heavy rains experienced in the 2005 rainy season, a 200 foot section of the existing storm drain was replaced due to severe leaking. During the replacement of the damaged section, it was discovered that the remaining portion of the storm drain also sustained leaks and root infiltration. It was also discovered that the pipe alignment did not have a sufficient gradient to ensure proper drainage, thus resulting in a build up of silt and debris. While the remaining portion appeared to be functional, it was determined that the entire line needs to be replaced to minimize the potential for future leaking as well as to ensure proper drainage. This project will replace the existing storm drain at the Rancho Sierra Vista Stables, with approximately 500 feet of new 24-inch reinforced concrete pipe. The plans and specifications for the project are complete and ready for solicitation of bids. Staff recommends that the City Council approve the plans and specifications, and authorize the City Clerk to solicit bids. Staff has reviewed the scope of the project and determined it to be categorically exempt from environmental review based on Section 15302, Class 2(b) of the California Environmental Quality Act (CEQA) Guidelines, which exempts the replacement of existing utility systems. Agenda Report • • July 3, 2006 Page 2 COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: Not applicable. FINANCIAL CONSIDERATIONS: The estimated cost of construction is $134,300. The FY 2006-2007 Capital Improvement Budget includes $223,900 for the Rancho Sierra Vista Storm Drain Replacement Project. This amount is sufficient to cover the estimated cost of construction as well as contingencies, engineering, inspection, and staff support costs. NOTIFICATION: Not applicable. RECOMMENDATION: By motion, 1. Approve the Plans and Specifications for the Rancho Sierra Vista Storm Drain Replacement Project; and, 2. Authorize the City Clerk to advertise the project for competitive bids. Respectfully su jitted, Prepared by, Eric Bauman Xenio ga Water Engineering Manager Civil ngineer Attachments: 1. Location Map 2. Plans and Specifications THE CITY OF SAN JUAN CAPISTRANO -51 A h� f pK�l t P roict Site r �. DEL "ayQL] 1 jib �1 a r r � r t D 3000 600D 9000 Feet 1 ATTACHMENT ATTACHMENT 2 Due to the size of this attachment, a copy has been distributed to the City Council. In addition, a copy of the attachment is available for public review at the City Clerk's Office located at City Hall 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. AFFIDAVIT OF PUBLICATION PROOF OF PUBLICATION STATE OF CALIFORNIA, ) RECEIVED ) ss. County of Orange ) M JUL 2 1 P tt t 3 I am a citizen of the United States and a resident CITY CLERK of the County aforesaid;I am over the age of SAN JUAN CAPISTRANO eighteen years, and not a party to or interested Proof of Publication of in the above entitled matter.I am the principal clerk of the Capistrano Valley News, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior No+tcE ewmKa eoe Court of the County of Orange,State of e California,on June 7, 1984, Case No. A-122949 am VISSTCIAa a eW�afor P.m.m 6r Mqq ofAUQuK 2000. UM 20D in and for the City of San Juan Capistrano, omho drd we m County of Orange,State of California; that the ft0.PubkW°fir. C0PWWbf*WPW48p0oNOrWrsnm UP eMo ar ami, im. notice,of which the annexed is a true printed ����,�1p.,,d a� copy,has been published in each regular and stOWee haM&FMmww of niNiBa om6e: JuN 6.2008 entire issue of said newspaper and not in any I � a.►aw6n A MCtWgN OMCLERK supplement thereof on the following dates,to murq aewouP,�n wit: P a:cq*k m VWWWwa.J*%3 i J*20,2006 arao July 13,20,2006 "I certify(or declare)under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana,Orange County, California,on Date: July 20,2006 Signature Capistrano Valley News 625 N. Grand Ave. Santa Ana,CA 92701 (714)796-2209 f NOTICE OF TRANSMITTAL CAPISTRANO VALLEY NEWS Legal Publications CHARGg TO ACCOUNT NO: 0041125000 FOR PUBLICATION ON: THURSDAY, JULY 13, 2006 THURSDAY, JULY 20, 2006 DOCUMENT TO BE PUBLISHED NOTICE INVITING BIDS — Rancho Sierra Vista Storm Drain Replacement Project PROOF OF PUBLICATION: Please fax to: City Clerk's Office, City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 fax (949) 493-1053 telephone (949) 493-1171 AUTHORIZED BY: DATE: July 6, 2006 L) Date of Bid Opening - 08/01/06 Date(s) notice published - 07/13/06 - 07/20/06 Date affidavit received Date notice posted in 07/13/01 designated posting places r • • NOTICE INVITING BIDS RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT PROJECT Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT PROJECT, until 2:00 p.m. on the I"day of August, 2006. A pre-bid ponference is scheduled for 1:00 p.m. on July, 19, 2006, in the Public Works Department. Copies of the Plans and Specifications are on file at the City Clerk's Office, City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California, and may be obtained at the non-refundable charge of$20 plus a charge of $10 for each set of Plans and Specifications mailed. Dated: July 6, 2006 M ARET R. MON AN, CITY CLERK ` CI OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA FOR OFFICE USE ONLY: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) AND PUBLICATION I, MARGARET R. MONAHAN, declare that I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; that on July 13, 2006, 1 caused the above Notice to be posted in three (3) public places in the City of San Juan Capistrano, to wit: City Hall; Community Center Reception Area; Orange County Public Library AND, that on July 13 and 20, 2006, the above Notice was published in the Capistrano Valley News newspaper. I declare under penalty of perjury that the foregoing is true and correct. MARGARET R. MONAHAN, CITY CLERK City of San Juan Capistrano, California • • CITY OF SAN JUAN CAPISTRANO NOTICE INVITING BIDS FOR CONSTRUCTING THE RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT PROJECT N-1. NOTICE IS HEREBY GIVEN that sealed bids for the construction of the Rancho Sierra Vista Storm Drain Replacement Project will be received at the office of the City Clerk of the City of San Juan Capistrano, California, until 2 p.m. on August 1, 2006 at which time they will be opened and read aloud in the Council Chambers of the City of San Juan Capistrano (City). N-2 DESCRIPTION OF THE WORK: The Work includes the construction of a new 24" storm drain line. N-3 LOCATION OF THE WORK: The Work shall be constructed at the Rancho Sierra Vista Stables located at 31441 Avenida De La Vista, San Juan Capistrano, 92672. N-4 COMPLETION OF THE WORK: Time is of the essence. All work must be completed within 60 calendar days after the date specified in the Notice to Proceed. Liquidated damages will be assessed as set forth in the Agreement for failure to meet the specified completion date. N-5 AWARD OF CONTRACT: (a) The City reserves the right after opening bids to reject any or all bids, to waive any informality (non-responsiveness) in a bid, or to make award to the lowest responsive, responsible bidder and reject all other bids, as it may best serve the interest of the City. (b) As a condition of award,the successful bidder will be required to submit payment and performance bonds and insurance in an amount of 100 percent of the contract price. N-6 BID SECURITY: Each bid shall be accompanied by a certified or cashier's check or Bid Bond in the amount of at least 10 percent of the total bid price, payable to the City of San Juan Capistrano. N-7 BIDS TO REMAIN OPEN: The Bidder shall guarantee the total Bid price for a period of 90 calendar days after the date of Bid opening. N-8 CONTRACTOR'S LICENSE CLASSIFICATION: The Contractor shall possess a valid Class "A" Contractor license at the time of submitting bids. N-9 CALIFORNIA WAGE RATE REQUIREMENTS: The Contractor shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California for the locality where the work is to be performed. A copy of said wage rates is on file at the office of the City. The Contractor and osuu,muna.ww NOTICE INVITING BIDS """'""'MI PAGE 1 any subcontractors shall pay not less than said specified rates and shall post a copy of said wage rates at the project site. N-10 RETAINAGE FROM PAYMENTS: The Contractor may elect to receive 100 percent of payments due under the Contract Documents from time to time, without retention of any portion of the payment by the City by depositing securities of equivalent value with the City in accordance with the provisions of Section 22300 of the Public Contract Code. N-11 PRE-BID VISIT TO WORK SITE: Prospective bidders are invited to attend a pre-bid visit to the proposed work site and existing facilities, which will be conducted by the City at 1:00 pm on July 19, 2006. This meeting will be held at the City of San Juan Capistrano, Public Works Department at 32400 PaseoAdelanto, San Juan Capistrano. Any Bidderwho fails to attend the pre-bid site visit accepts full responsibility for acceptance of all site conditions that would have been evident had a site inspection been made. N-12 OBTAINING OR INSPECTING CONTRACT DOCUMENTS: (a) Contract Documents may be inspected without charge at the City of San Juan Capistrano, City Clerk's Office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. (b) Complete sets of said Contract Documents may be purchased for$20 dollars per set and are obtainable from the City of San Juan Capistrano, City Clerk's Office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. No refund will be made of any charges for sets of Contract Documents. An additional fee of $10 shall be charged for sets of documents sent by mail. N-13 ADDRESS AND MARKING OF BIDS: The envelope enclosing the Bid shall be sealed and addressed to the City of San Juan Capistrano, and shall be delivered or mailed to the City Clerk at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. The envelope shall be plainly marked in the upper left hand corner with the name and address of the Bidder and shall bear the words "Bid For.." followed by the Project title and the date and hour of opening Bids. The certified or cashier's check or Bid Bond shall be enclosed in the same envelope with the Bid. BY ORDE OF THE CITY OF SAN JUAN CAPISTRANO Date ('o RW 60 CITY OF SAN JUAN CAPISTRANO Ja aret RMonahan, CMC Clerk 050-0321..Y.wp] NOTICE INVITING BIDS U August 201 PAGE 2 Bid Opening Report Bids Opened August 1, 2006 at 2:00 p.m. Project Title Rancho Sierra Vista Storm Drain Replacement Project Project Engineer Peter Salgado Pre Bid Estimate $134,300 Bidder Bid Amount l ' Bid Bond/Addenda? 6 . SAVALA CONSTRUCTION CO. $ i } ��} ��( i J2. EARTH CONSTRUCTION & MINING $ 0 c) (� / 3. FLE'lING ENVIRONMENTAL INC $ rJf� C� S S $ ISS- 0C) 3 GARCIA .JUAREZ CON51'RUCTION INC ��� • / 5. $ / 6. / 7. / 8. Af / J Sign `-----�- ; i Date / cc: City lerk Staff(3) Project Department(3) City Manager(1) The above bid amounts have not been checked. The bid totals are subject to correction after the bids have been completely reviewed. BID This is page one of EXHIBIT A,referred to in made and a part of the AGREEMENT between the OWNER and the CONTRACTOR BID TO: CITY OF SAN JUAN CAPISTRANO The undersigned Bidder proposes and agrees,if this Bid is accepted,to enter into an Agreement with the City in the form included in the Contract Documents (as defined in Article 4 of the Agreement) to perform the Work as specified or indicated in said Contract Documents entitled: RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT PROJECT Bidder accepts all of the terms and conditions of the Contract Documents,including without limitation those in the Notice Inviting Bids and the Instructions to Bidders dealing with the disposition of the Bid Security. This Bid will remain open for the period stated in the Notice Inviting Bids,unless otherwise required bylaw. Bidder will enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and will furnish the insurance certificates, Payment Bond, Performance Bond,and all Permits required by the Contract Documents. Bidder has examined copies of all the Contract Documents, including the following Addenda(receipt of which is hereby acknowledged): Number Date Number Date Number Date Number Date Bidder has familiarized itself with the nature and extent of the Contract Documents,the Work,the site,the locality where the Work is to be performed,the legal requirements(federal,state,and local laws,ordinances,rules,and regulations), and the conditions affecting cost,progress,or performance of the Work,and has made such independent investigations as Bidder deems necessary. In conformance with the current statutory requirements of California Labor Code Section 1860,at seq.,the undersigned confirms the following as its certification: I am aware of the provisions of Section 3700 of the Labor Code,which require every employer to be insured against liability forworker's compensation,or to undertake self-insurance in accordance with the provisions, before commencing the performance of the Work of this Contract. To all the foregoing,and including all Bid Schedule(s), List of Subcontractors,Non-collusion Affidavit,Bidder's General Information,and Bid Bond contained in these Bid Forms,said Bidderfurther agreesto completethe Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefor the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the aforementioned Bidding Schedule(s). Dated: I- Qco Bidder. RRTN ST r /1) Nfr/UIA)(r By: (Sig ture) Title: �fLFSI t�&NT FORM U-300 BID (PROPOSAL) Nov 1 o200o,a.wPa BID FORMS - PAGE 1 This is Page 2 of Exhibit A, referred to in and made part of the Agreement between the Owner and the Contractor BID SCHEDULE RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT ESTIMATED UNIT ITEM DESCRIPTION QUANTITY UNIT COST AMOUNT 1 General Conditions, Mobilization, Demobilization 1 LS -7 CQ 2 Site Work/Demolition 1 LS Zd 4S6481 3 Install 18"RCP Storm Drain Laterals 1 LS Z9, tz/6 4 Install 24"RCP Storm Drain Main Line 1 LS -70.0070/ 5 Install S.D. Inlets 1 LS / 6 Install S.D. Junction Structures 1 LS Total 0 1 C H LA"DitCD SL✓etJT7 Iq INC -T NouSA J o� L700 EAP'T4 CJNSTt2UCT1C]fJ l �t�lNbt Name of Bidder or Firm Unit Price Bid Schedule Bid Forms-Page 2 INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS As required under Section 4100,et seq.,of the Public Contract Code,the Bidder shall list below the name and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price,and shall also list the portion of the Work which will be done by such subcontractor. After the opening of Bids,no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words"and/or"will not be permitted. Failure to comply with this requirement will render the Bid as non-responsive and may cause its rejection. Contractor's License Work to be Performed Number Subcontractor's Name&Address 1 .Ti�.uiTic�J �� CZErZ" r1:�'LTH C'tkiLPAaJ �-t- �)Z�,.C'T+.�(Z-F:$ IZZa Lca�A-it=�EU� A-✓� S9NTA c IAJ 2 go �n 3 1 4 5 6 7 8 FORM U430 LIST OF SUBCONTRACTORS Aug 200�ubs.wptl BID FORMS-PAGE 4 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. Countyof 02AN�E ) I, CN A2XEC W lbSS IT_ being first duly sworn, deposes and says that he or she is �S1DFfUT of EAR'�H CoUN rZVCi 1Ofid �Ithe 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. Bidder E fZT C' ST/LUC ✓v M(NI N CT By Title IP"Sk DE Organization "cf�RT�4 �oNSTRUCTtc�J ) tlNlNtT Address 1\11 E o_oAimQr\NWFgL_TH J - l� F�.�L� �L-torJ CA 8283 \ FaRMU-0 NON-COLLUSION AFFIDAVIT ag200 WF' BID FORMS- PAGE 5 BID BOND KNOW ALL MEN BY THESE PRESENTS, That EARTH CONSTRUCTION & MINING as Principal, and CONTRACTORS BONDING AND INSURANCE as Surety, are hell and firmly bound unto The COMPANY City of San Juan Capistrano, hereinafter called the"Owner'in the sum of TEN PERCENT OF THE TOTAL AMOUNT OF THE BID (10%) dollars (iwt less than io pemant a the tot3r amount orme bid) for the payment of which Sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors,and assigns,)ointy and severalty,firmly by theso presents. WHEREAS,said Principa)has submitted a Bid to said Owner to perform the V%brk required under the Bid Schedule(s)of the Owners Contract Documents entitled: RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT PROJECT NOW THEREFORE, if said Principal is awarded a Contract by said Owner, and within the lime and in the manner required in the"Notice inviting Bids"and the"Instructions to Bidders'enters into a written Agreement on the Form of Agreement bound with said Contract Documents,.furnishes the required Certificates of Insurance,and furnishes the required Performance Bond and payment Bond,then this obligation shall be null and void,otherwise it shall remain in full force and effect. in the event suit is brought upon this Bond by said Owner,and Owner prevails,said Surety shall pay all costs incurred by said Owner in such sui(, including a reasonable attorney's fee to be fixed by the court SIGNED AND SEALED,this 1ST day of A U �? OP Rq. L �:� O• M% e (Sr—Pfd t Col IISTRMI (f( rF FiL) (SEAL AND NOTARIAL BY: ACKNOWLED43MENT OF SURETY) (p�nepaq CONT S B NDING AND INSURANCE COMPANY Sur ) BY: pp,, J. JO SON,1s% RNEY—IN—FACT. (Signature) ' Foam u"eo BID BOND .uv-"awra,`wa (BID SECURITY FORM)) "°•��' 610 FORMS-PAGE IS ACKNOWLEDGMENT State of California County of Orange On August 1, 2006 before me, Brad L. Settgast, Notary Public (here insert name and title of the officer) personally appeared J.W. Johnson personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signatur (Seal) dgee000eN009000000N0oN�N�N�Ne0000e� BRAD L.$HTTGAST D coMM a taa�eae m O NOTRRY pNq •gpIIPoHNIA W OgpNOE COUNTY � Nty Commissbn 6W9as Mfi 4.2009 ieNeN eeeeeMeNeNNN�NNeeNeeeN e°a o`o",+►: o°!►< ', w eo'o°<4.^.°°'e e'°°e °Oe °vee'o°°o `°^'o>°o°e.+~'� a^o°o°e°.^. a°'°°`°°e i�°`o^°.o oe°r>e'`eoo°�o`e>$o ve.�.�.°oovo^'pe eeeaBBo° � � � � .�. ePe % ° bee as eee° e'oo.�°°e �°eae'o°e°o`�°<een° °0^7"o'�9'eo°�o` eo°'°a°eC° `ee°Le°ee°�?ase>e`o>e` e'>e° Oe'oo�°5�>° e`ese°o^o°,es°°° ni q°e_• e<`jn OPOtl�pO Ep+o000tl000npo�jo OPSPp9°° 0�0°0°0000 °i 00P4S0e° Si0590 OOee�LV0009000pje °°ap 00e Opt a° je09°900jj p°0000S9ap+ '%pt09°e9009�°+�ap 00000 c°+°Ei.epp090.pt J0o"o°°\'e'+o',P° ��°°°°va00P4ppppe^'°oa4i9F0.v9ep°°o90ki4P.f9ap^ e44Pv 44144 4 0^ paOr.PiVppp,^9oy1PV9{Ppo"°ai49riiVpOp°'°ePViti9iria`p"'^,CP94464ive"'oa4i049.Ppae°'°�Ciffi4agPP°"9PViVa49Pp° °q°iiil V:Cop oil a;seo�a� `�ooe�e°e READ CAREFULLY- to be used only with the bond specified herein o e,! security paper black and -1 ink and bears the sealof Contractors Bonding andCompany - "Company"). '11- —— - - - - - - - - --— - - — — — — - — — — — — — — - 000ae�a aso�:aoo�, °°eoe°°e e e oOQeiOg°° 1 1-- t • Y tY 1 - 1 • • 1 1- rl. 11 � 1 • 1 o f• 1 1 :11 1 i :11 • i <<t' b P dd^d!!!pe odd!!d Ode >Ekbd+d!!° °dEdl4+kdE Epp° 1!!FL dYl+dddlOP EpolrB° pdei i lbtie a dddd !!to Pb°!a 6>° Ee ikdlH c. edllfJp!!!° E F c a��ill P ..�. a�..�.� .,^+��"... +�.o� ..�.• �'�:�.. e JURAT State of California County of Orange Subscribed and sworn to (or affirmed) before me on this 1st day of August 2006 by Charles W. Poss III personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. W 4 w11r u Commwon i 1609352 16 Nokwy RMc•Cawwft _ ON"P COW* tiNCamm.E PhWAug2g23 (seal) Signature M CALIFORNIA ALL-PURPOSE CE/1RTIFICATE OF ACKNOWLEDGMENT State of 04 County of ) On FS- 1 -q before me, S .ikntlety fe�� /U �t3ru -Pu101t (+ (here insert name nd title of the officer) personally appeared ChO.0 I-eS tJ ?b S S M personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ItIERYL ANNE tUtl taL WITNESS my hand and official seal. CO"t^ 'A^•150"52 Noklry M-CON=ft Ctanp�CotA* MyCanm.EllpMnAup2.1 Signature of Notary Public o (Seal) I ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form most be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California.In such instances, any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in (� California (i.e. certifying the authorized capacity of the signer). Please check the i, continued) document carefully for proper notarial wording and attach this form if required. (Title or description of attached document Number of es Pa Document Date • State and County information must be the State and County where the document 8 signers)personally appeared before the notary public for acknowledgment. • Dale of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public most print his or her time as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER - Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. 11 Individual(s) he/she/they-is/are)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer - The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) - Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ill III ❑ Trustee(s) acknowledgment is not misused or attached to a different document. 11 Other Indicate title or type of attached document,number of pages and date. fi Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document I CAPA v12.1005 iby Asso &CSA 800-8]J-9865 wwn.nolnrvdazxs.com BIDDER'S GENERAL INFORMATION The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be non-responsive and may cause its rejection. 1. BIDDER/CONTRACTOR'S Name and Street Address: �flfZ-«! CuNs-r(Zyc-ric�N $ �-IWINCr 111\ corc�m�nWea\ANA ave -k 2. CONTRACTOR'S Telephone Number: (71LI ) �7l - 32to2 Facsimile Number: (-714 ) 2-71 - 30 2-O E-mail address 3. CONTRACTOR'S License: Primary Classification A State License Number(s) (v S ( $4 S Supplemental License Classifications No/yZ� j 4. Surety Company and Agent who will provide the required Bonds on this Contract: Name of Surety P.LS \Q (, ' 1A3S�1'_AN)Q Coil Address 12\3 VA LLF_y ST ? Q ?�\)QX q2"7 1 Surety Company Agent SETEGAST Telephone Numbers: Agent(7(4 ).57 '9- 7000 Surety (o22-705 3 5. Type of Firm (Individual, Partnership or Corporation): CO fZPO(ZI}T1oVJ 6. Corporation organized under the laws of the State of: Q_NL_( F Q1ZN t ft 7. List the names and addresses of the principal members of the firm or names and titles of the principal officers of the corporation or firm: P12�S1a>EN)T QAPF ti_ES W- 1�bSS 517- SEc / T2F_NS CNFrk\.ES "7 L�A (,) BIDDER'S GENERAL INFORMATION (Continued) FORM U-020 BIDDER'S GENERAL INFORMATION N a ZWona.wPa BID FORMS- PAGE 7 0 0 8. Number of years experience as a contractor in this specific type of construction work:L 9. List at least three related projects of comparable size and complexity completed to date: 1. Owner 0 kT`f QF Address SAtJ S0hn1 CAAs-r2AQ0 32¢Oo PRssQ ADECeINTF 92c,-7s Contact Class of work 1�2 Sfr�c�k>>O Sr IDD- asPAI fZ P_(3 A) (bOrl'h'C) Phone Contract amount I y 4 2 . ()CC) 49 3 — 11 7 1 Date completed 31L)u Project L241 47a - 3sos 61Lt SF (T�, �(3F 2. Owner SR/vTf� (11j�2C A (L1Tf�Address Contact I JA r� Des CT I rUWLOS Fcc)P-&s P,A2T LA N T-4 Class of work W 2 to Phone( 9K9 5C I DE £PA 4 !�9 (0 4U0 Contract amount 2 30,00 C) Project Date completed 9(A) .,tz- 3. Owner Address C(Ty OF vtLL64 '?Akr- 17 $ 5-5- Sf3NTtAG t�IJ �92$t, f Contact c Class of 4'An1(ALA er work 54 IDE UP61,e RFTFIINIrUtr cj,gcC Phone(711 ) Contract amount 4_-k Ono 99 s- 150a Date completed 110u, Project(714 ) 473 -- 9- a 3o 10. List the name and title of the person who will supervise full-time the proposed work for your firm: LEil1 `15Zo)Jcro 11, Is full-time supervisor an employee contract services v? 12, A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Engineer. FORM U420 BIDDER'S GENERAL INFORMATION X131Jz4 20iM0wp° BID FORMS -PAGE 8 f►LIFORNIA PRELIMARY#TICE IN ACCORDANCE WITH SECTION 3097 AND 3098,CALIF NIA CIVIL CODE THIS IS NOT A LIEN,THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR LBIW JOB # 8000 YOU ARE HEREBY NOTIFIED THAT... RECEIVED LONG BEACH IRON WORKS,INC CONSTRUCTION LENDER OR Repute�f 2020 WEST 14TH STREET Construction Lender,if any, NA Ml 22 P 2 1.4 LONG BEACH,CA 90813 NONE SAN JCITY CLERK (name of person orfirmfurnishinglabor,services,equipment or UAN CAPISTRANOmaterial) has furnished or will furnish labor,services,equipment of materials of the following general description: STORM DRAIN MATERIAL (general description of the labor,services,equipment or-material furnished or to be furnished)for the building,structure or other work of Improvement located at: GRIFFITH COMPANY JOB NO.60006-601 OWNER PUBLIC AGENCY SIERRA VISA STORM DRAIN REPLACEMENT PROJECT SAN JUAN CAPISTRANO or Reputed Owner or (on public work) (on private work) The name of the person or firm who contracted for the purchase of such, labor,services,equipment or material is: CITY OF SAN JUAN CAPISTRANO GRIFFITH COMPANY 32400 PASEO ADELANTO 12200 BLOOMFIELD AVE SAN JUAN CAPISTRANO, CA 92675 SANTA FE SPRINGS,CA 90670 An estimate of the total price of the labor,services equipment or materials furnished or to be furnished Is: $9000.00 ATTENTION SUBCONTRACTORS Section 3097 requires that is you give this notice any you have failed to pay at compensation due to your laborers on the job,this notice shall also contain the identity and address of any laborer and any express bust fund to whom employer payments are due. NOTICE TO PROPERTY OWNER ORIGINAL CONTRACTOR or Reputed Contractor if any If bills are not paid in full for the labor,services,equipment,or materials furnished or to be furnished,a mechanic's lien leading to the loss,through court foreclosure proceedings,of all or part of your property being so improved may be placed against the property even though you have paid you contractor in full. You may wish to protect yourself against this consequence by(1)requiring your contractor to furnish a signed release by the person or firm giving you this notice before EARTH CONSTRUCTION & MINING (ECM) making payment to your contractor or(2)any other method or device that is appropriate under the circumstances. Other than residential homeowners of 1111 E COMMONWEALTH AVE., STE. D dwellings containing fewer than five units,private project owners must notify the FULLERTON CA 92675 original contractor and any lien claimant who has provided the owner with a f preliminary 20-day lien notice in accordance with Section 3097 of the Civil Code that a notice of completion or notice of cessation has been recorded within 10 days of its recordation. Notice shall be by registered mail,certified mail,or first-class mail, evidenced by a certificate of mailing. Failure to notify will extend the deadlines to record a lien. DA D:November 21,2006 SUBCONTRACTOR with whom claimant has contracted 1 GRIFFITH COMPANYkATHYSTAHL SECRETARY 12200 BLOOMFIELD AVE SANTA FE SPRINGS, CA 90670 OLIFORNIA PRELIMINARY NOTICE In accordance with sections 3097 and 3098, California Civil Code.THIS IS NOT A LIEN. This is NOT a reflection on the integrity of any contractor or RECEIVED104 0343 3860 0523 9215 D& DEQUIPMENT rRENTAL LLC AS Nov 11 P Z 21 P O BOX 2369 SANTA FE SPRINGS,CA 90670-6172 CITY CLERK SAN JUAN CAPISTRA'%ildrs No:2125499 CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELJANTO RETURN RECEIPT SAN JUAN CAPISTRANO CA 92675 Bildrs No.2125499 7104 0343 3860 0523 9215 You are hereby notified that D&D EQUIPMENT RENTAL LLC has furnished or will furnish labor, services, equipment or materials of the following general description: HEAVY EQUIPMENT RENTAL located at: RANCHO SIERRA VISTA STORMDRAIN REPLACEMENT PROJECT, 31441 AVENIDA DE LA VISTA, X- Str: CALLE SANTA BARBARA, SAN JUAN CAPISTRANO CA, ORANGE COUNTY The name of the person or firm who contracted for the purchase of such labor, services,equipment or material is: L T EXCAVATING INC, LTEXCI, PO#5793 JOB#66069 An estimate of total price of the labor, services, equipment or materials furnished or to be furnished is 53,500 Owner: CITY OF SAN JUAN CAPISTRANO,32400 PASEO ADELANTO,SAN JUAN CAPISTRANO CA 92675 Orig Contr.EARTH CONSTRUCTION&MINING, 1111 E COMMONWEALTH AVE#D,FULLERTON CA 92831,Job#41 I2 Lender:None Surety:CONTRACTORS BONDING&INSURANCE CO, 111 PACIFICA STE#350,IRVINE CA 92618,Bond#CE5302 Customer: L T EXCAVATING INC,LTEXC 1,PO#5793 JOB#66069,27601 FORBES RD STE#53,LAGUNA NIGUEL CA 92677 Job No: 5541 NOTICE TO PROPERTY OWNER BICA REPRESENTATIVE 11/16/2006 If bills are not paid in full for the labor,services,equipment or materials furnished or to be furnished,a mechanics' lien leading to the loss, through court foreclosure proceedings,of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or (2) any other method or device that is appropriate under the circumstances. Other than residential homeowners of dwellings containing fewer than five units, private project owners must notify the original contractor and any lien claimant who has provided the owner with a preliminary 20-day lien notice in accordance with Section 3097 of the Civil Code that a notice of completion or notice of cessation has been recorded within 10 days of its recordation. Notice shall be by registered mail,certified mail,or first-class mail,evidenced by a certificate of mailing. Failure to notify will extend the deadlines to record a lien. r. CER IFIED MAIL NUMoER CALIFORNIA PRELIMINARY NOTICE 6 -Wale items 1,2,&3.Also complete item 4 if In accordance with sections 3097 and '3 ictedDeliveryisdesired. -- 7180 8583 3220 0148 2141 3096,California Civil Code THIS IS NOTA 1.AnicleAddresaedro: LIEN. This is NOT a reflection on the integrity of any contractor or subcontractor. You are hereby notified that TOM MALLOY CORP. DBA TRENCH SHORING CO.,636 E. Rosecrans Ave.,Los Angeles,CA 90059 has furnished or will furnish labor, service, equipment or material of the following general description: sales and rentals of trench shoring equipment for building structure, or other work of improvement - located at ' n Y'. li � t,i. •n : 11 ',; ;,.;'.n.. ,f. .:--1! L.dl .,.f_di Nf, The name of the person or firm who contracted for the purchase of such labor, services, equipment or material furnished or 2.Article Number to be furnished is An estimate of the total price of the labor, services, equipment or material is ' ; hLd..li0 7180 8583 3220 0148 2141 Ii;,I ' NOTICE TO PROPERTY OWNER v •'' (i t - , :i F" i iJ i I I ' N bills are not paid in full for the labor,services,equipment,or materials furnished or to be furnished, 3.Service Type a mechanic's lien leading to the loss,through court foreclosure proceedings,of all or part of your m l7 Cenitied ,. property belcontractor inl so Improved may be placedagainstthe property even though you have paid yyour m i,. contractor to furnish sl. h a signed releawish to se byttha urself person or firmthis giv ng consequence u this notice)before usinmak ng ur 4.Restricted Delivery?(Extra Fee) payment to your contra or, or (2I any other method or device that is appropriate under the I Yes circumstances.Other than residential homeowners of dwellings containing fewer than five units, p Q private project owners must notity the original contractor anis any lien claimant who has provided the i owner with a preliminary 20-day jien notice in accordance wish Section 3097 of the Civil Code that a y oe _ e a - notice of completion or notice of cessation has been recorded within 10 do y of its recordation.Notice R shall be by registered mail,cerfi ied mail,or first-class mail,evidenced by a certificate of mailing. S02 Failure to notity will extend the deadlines to record a lien. m A.Received by(Please Print Craa(ly) B..(1! f Delivery (310)327-5554•(800)4234411 Uj L) 5 C.Signatureo �_ Pi t (, r? Date D ® gent o' X o ddressee - -+ .p;'�vk.I=117E.1? 01Jh1E`,i^; 'Ris M' f. D.Is delivery address different from item l?_ ❑ Yey) f YES,enter delivery address below: ❑ No _r. -, il �C l t C1 C170931 CALWORA PRELIMINARY NOW19DE IN ACCORDANCE SECTION 3097 AND 3098,CALIFORNIA THIS IS NOT A LIEN,THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR YOU ARE HEREBY NOTIFIED THAT ,... WEST COAST SAND&GRAVEL CONSTRUCTION LENDER or 7351 WALNUT AVE Reputed constructign Lender, if any. BUENA PARK,CA 90621 O 714-522-4403 2 j) CVV � has furnished or will furnish labor,services,equipment or materials Q �v~) of the following general description: U i d cj BUILDING MATERIALS&RELATED PRODUCTS,DELIVERY LU o �, 7 for the building,structure or other work of improvement located at: 2 RANCHO SIERRA VISTA STORM Q-3 DRAIN REPLACE., 31441 AVENIDA DE LA VISTA (JOB #4112) SAN JUAN CAPISTRANO.CA ,ne nem6 or ine pe,sou of nmi who cout&,-,vu for the pur6iase of such labor,services,equipment or material is: 7100530926,1051260365 EARTH CONST.&MINING 1111 E.COMMONWEALTH AVE. #D FULLERTON.CA 92831 OWNER or PUBLIC AGENCY or Reputed Owner (on public work) 714-871-3262 (on private work) An estimate of the total price of the labor,services,equipment or materials furnished or to be furnished is: $6000.00 CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO Trust Funds to which Supplemental Fringe benefits are payable: SAN JUAN CAPISTRANO,CA 92675 NOTICE TO PROPERTY OWNER If bills are not paid In full for the labor,services, equipment, or materials furnished or to be furnished,a mechanic's lien leading to the loss,through court foreclosure proceedings, of all or part of your property being so Improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by(1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your .on',ractor or j2)any ower minnod or.1tv;,e znai is appropna:e uaoc, —. circumstances.Other than residentlal homeowners of dwellings containing fewer than five units, private project owners must notify the original contractor and any lien claimant who has provided the owner with a preliminary 20-day lien notice in accordance with Section 1097 of the Civil Code that a notice of completion or notice of cessation has been recorded within 10 days of Its recordation. Notice shall be by registered mall, 71005309264051260372 certified mall, or first-class mall, evidenced by a certificate of mailing. Failure to notify will extend the deadlines to record a lien. Dated 10/10/2006 —;� �J per(,' - G,4. ORIGINAL CONTRACTOR or ���J",_ �-- Reputed Contractor, if any. —--- Pres Signature (Idle) EARTH CONST.&MINING 1111 E.COMMONWEALTH AVE. #D FULLERTON,CA 92831 PRELIM SYSTEMS INC.,P.O.BOX 385,LA VERNE,CA 91750-0385 714-871-3262 PRELIM SYSTEMS, INC P.O. BOX 385I LA VERNE,CA 91750-0385 1 _ +I * * �GITNEYB IiI 3424604.640 OCT 8103 522006 _ s4 100 6379 ;?6L10 5126 0361 0030 MAILED FROM ZIP CODE 91750 RETURN RECEIPT REQUESTED CITY OF SAN JUAN CAPISTRANO 4� 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 . � 52400 PASEO ADELA NTO A� y� MEMBERS OF THE GTY COUNCIL SAN JUAN CAPISTRANO.CA 92675 "I (949)493-1177 SAM ALLEVATO (949)493-1053 FAx } ;,o[oevoeae° DIANE BATHGATE [Sia Bl6af0 1461 WYATT RAFT tirww.sawl uu�acupislrcinn.ni,t; 1776 JOE SOTO O DAVID SWERD'JN September 20, 2006 Mr. Charles W. Poss III Earth Construction and Mining 1111 E. Commonwealth Ave. # D Fullerton, CA 92831 Re: Notice to Proceed — Rancho Sierra Vista Storm Drain Replacement Project Dear Mr. Poss: You are hereby notified to commence work on the subject project effective September 20, 2006. As outlined in your Construction Contract with the City of San Juan Capistrano dated, September 5, 2006, the work shall be completed within 60 consecutive calendar days from the effective date of the notice to proceed. Your contract completion date is November 20, 2006. The Construction Contract provides for an assessment of the sum of$500 per day as liquidated damages for each consecutive calendar day after November 20, 2006 that the work remains incomplete. Please confirm receipt of this notice by signing and returning the acknowledgement below. If you have any questions regarding this matter, please do not hesitate to contact me at (949) 443-6366. Sincerely, et r Sal ado S nior Ci it En ineer Cu. John Elwell, Public Works Director Meg Monahan, City Clerk Acknowledgement: Earth Construction and Mining Date San J11a z C(41)1;' rN WPO: fires_; rrr ; ;ire 'a St ro tiy)h�m�� tlx rururc ,�Prmtetl on 100°,o ReGYcletl Paper 32400 PASEO ADELANTO �, MEMBERS OFTHE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 (949)493-1171 ,;, SAMDIANE TO E BATH BA (949)493-1053 FAX Lf✓%f 'IA(OA4onAtEB VJGATE (SEAAIISAFA IB6I VATT HART www sanjuancapistrano.org 1776 JOE SOTO DAVID SWERDLIN September 20, 2006 Mr. Charles W. Poss III Earth Construction and Mining 1111 E. Commonwealth Ave. #D Fullerton, CA 92831 Re: Notice to Proceed —Rancho Sierra Vista Storm Drain Replacement Project Dear Mr. Poss: You are hereby notified to commence work on the subject project effective September 20, 2006. As outlined in your Construction Contract with the City of San Juan Capistrano dated, September 5, 2006, the work shall be completed within 60 consecutive calendar days from the effective date of the notice to proceed. Your contract completion date is November 20, 2006. The Construction Contract provides for an assessment of the sum of $500 per day as liquidated damages for each consecutive calendar day after November 20, 2006 that the work remains incomplete. Please confirm receipt of this notice by signing and returning the acknowledgement below. If you have any questions regarding this matter, please do not hesitate to contact me at (949) 443-6366. Sincerely, at r Sal ado S nior Ci it En ineer cc. John Elwell, Public Works Director Meg Monahan, City Clerk ckno led - v o6 Earth onstruction d Mining Date San Juan Capistrano: Preserving the Past to Enhance the Future �;�Printed on 100%Recycled Paper CA)AWRNIA PRELIMINARY V IN ACCORDA CE 188351 WITH SECTION 3097 AND 3098, CALIFOR CIVIL CODE THIS IS NOT A LIEN,THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR YOU ARE HEREBY NOTIFIED THAT . . . #32517 L RECEIVED Inland Concrete Enterprises Inc. (name of person or firm furnishing labor, services, equipment or E CONSTRUCTION LENDER or material) Reputed O)MtrN f fAnc ,�p iLV31 . 2434 Rubidoux Blvd. N (address of person or firm furnishing labor, services, CITY CLERK Riverside, CA 92509-2144 D SAN JUAN CAPISTRANO equipment or material) None has furnished or will furnish labor, services, equipment or C - - materials of the following general description: C Precast Concrete Manhole Pipe R (general description of the labor, services, equipment or L _J and/or Cast Iron Rings & Covers material furnished or to be furnished) for the building, structure or other work of improvement Sierra Vista Storm Drain located at: Replacement Project (address or description of job site OWNER or PUBLIC AGENCY Avenida De La Vista S/of La Zanja or Reputed Owner (on public work) sufficient for identification) (on private work) San Juan Capistrano, CA CThe name of the person or firm who contracted for the purchase of such labor,services,equipment or material is: 0 City of San Juan Capistrano 32400 Paseo Adelanto Griffith Company P San Juan Capistrano, CA 92675 12200 Bloomfield Avenue Job if60006-601 Santa Fe Springs,CA 90670 Storm Drain yAn estimate of the total price of the labor, services equipment or materials furnished or to be furnished is: 4000.00 Attention: Subcontractors Section 3097 requires that if you give this notice and you have failed to pay all compensagondueto our laborers on the job.this notice shall also contain the ORIGINAL CONTRACTOR or identity anti address Wany laborer and any express trust fund to whom employer Reputed Contractor, if any payments are due. NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor,services,equip- ment, or materials furnished or to be furnished, a mechanic's lien leading to the loss, through court Earth Construction & Mining (ECM) foreclosure proceedings,of all or part of your property 1111 E. Commonwealth Avenue - Suite D being se improved may be placed against the property Fullerton, CA 92675 even though you have paidyour contractor in full.You may wish to protect yourself against this consequence by(1)requiring your contractor to furnish a signed release by the person or firm giving you this notice before mailing payment to your contractor or(2)any other method or device that is appropriate under the circumstances.Other than residential homeowners of dwellings containing fewer than five units,private project owners must notify the original contractor and any lien claimant who has SUBCONTRACTOR with whom claimant provided the owner with aprelimina%20-day lien notice has contracted in accordance with Section 3097 of the Civil Code that a notice of completion or notice of cessation has been recorded within 10 days of its recordation.Notice shall be by registered mail, certified mail, or first-class mail, evidenced by a certificate of mailing.Failure to notify will Griffith Company extend the deadlines to record a lien. 12200 Bloomfield Avenue Dated: October 23, 2006 Santa Fe Springs, CA 90670 signature Barbara Christman (nne) Credit x lt� (:9< Telephone Number( 951 ) 788-9720 �" This form(No.594C Revised 1-1-2004)©Copyrighted by an distributed through BUILDING INDUSTRY CREDIT ASSOCIATION(213)251-1100 File No:514[CA][PRNATE]a Customer:L.T.ENGINEERING Notice Requested by and Return To: Project:Terminal Reservoir#3, Job#4111 A.S.A.P.Heavy Equipment Rentals,Inc. RECEIVED Rec IMUSOKOWA2 19618 S.Susana Road Rancho Dominguez,CA 90221 PRELIMINARY ROI ( I E WORK ) California Civil Code Sections 0SL 97 3Q�311�1 241 8 3252 N Seq. THIS IS NOT A LIEN.THIS IS NOTA F��Ja� GRITY OF ANY CONTRACTOR OR TO:OWNER 1.The following is a general description of OR REPUTED OWNER the labor,service,equipment or materials City of San Juan Capistrano fumished or to be furnished by the undersigned: 32400 Paseo Adelanto Earth Moving Equipment San Juan Capistrano, CA 92675 TO: ORIGINAL CONTRACTOR 2. Estimated Price:$5,000.00 OR REPUTED CONTRACTOR 3.The name of the person who furnished that labor,service, Gateway Pacific Contractors, Inc. equipment or materials is: 8055 Freeport Blvd. A.S.A.P. Heavy Equipment Rentals, Inc. Sacramento,CA 95832-9716 19618 S.Susana Road Rancho Dominguez, CA 90221 TO: LENDER,SURETY OR 4.The name of the person who contracted for purchase of that BONDING COMPANY labor, service,equipment or material is: n/a L.T. ENGINEERING 27601 FORBES RD. Suite 54 Laguna Niguel, CA 92677 5.The description of the jobsite is: Terminal Reservoir#3, Job#4111 26861 Mission Hills Dr. San Juan Capistrano, CA 92675, in the County of Orange VERIFICATION I declare that I am authorized to file this PRELIMINARY 20-DAY NOTICE (PRIVATE WORK) on behalf of the claimant. I have read the foregoing document and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at Rancho Dominguez, California on 11/06/2006 for A. P. HEAW EQUI M NT RENTALS, INC.. y Bevy y Fifer, tal Cooi major PROOF OF SERVICE BY MAIL AFFIDAVIT I, declare that I served copies of the above PRELIMINARY 20-DAY NOTICE(PRIVATE WORK) By First Class Certified Return Receipt Requested or Registered Mail service,postage prepaid, addressed to each of the parties at the addresses shown above on 11/06/2006. 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Signedy i , Z --- Print Name/Title Execut�at ancho Domin uez, alif n is on 11/06/2006. NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, equipment or materials furnished or to be furnished, a Mechanic's Lien leading to the loss, through court foreclosure proceedings, of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by (1) Requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor,or (2) Any other method or device that is appropriate under the circumstances. Other than residential homeowners of dwellings containing fewer that five units, private project owners must notify the original contractor and any lien claimant who has provided the owner with a preliminary 20-day lien notice in accordance with Section 3097 of the Civil Code that a notice of completion or notice of cessation has been recorded within 10 days of its recordation. Notice shall be by registered mail, certified mail, or first class mail, evidenced by a certificate of mailing. Failure to notify will extend the deadlines to record a lien. THIS IS NOT A LIEN. THIS NOTICE 01111111I CALIFORNIA PURSUANT TO SECTIONS 3097 AND 3098, PRELIMINARY CALIFORNIA CIVIL CODE. THIS IS NOT NOTICE A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. $gp.$312 0511 2026 K75881 205112 AlUE v t u Nov — V U ARE HEREBY NOTIFIED THAT... Ski&CONSTRUCTION MATERIALS LP 7378 OWNER or Reputed Owner(on private work) g T Y CLERKP O BOX 4120 or PUBLIC AGENCY(on public work) N CAF�$Ti �O CA 91761-1067 949-443-6366 ftF11Yu CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO has furnished or will furnish labor,services,equipment or SAN JUAN CAPISTRANO CA 92675 materials of the following general description: 34190523 READY MIX CONCRETE, SAND AND GRAVEL CONSTRUCTION LENDER or Reputed Construction Lender,if any. for the building,structure or other work of improvement orated aL NONE/BOND CO: JOB#6006-601 CONTRACTORS BONDING&INS CO AVENIDA DE LA VISTA&RANCHO SIERRA P O BOX 9271 VISTA,SAN JUAN CAPISTRANO CA SEATTLE 71 98109-0271 "RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT PROJECT" SC JOB#60006.601 ORIGINAL CONTRACTOR or 03 Reputed Contractor,if any. An estimate of the total price of the labor,services 714-877-3262 , equipment or materials furnished or to be furnished is: EARTH CONSTRUCTION&MINING $ 10,000.00 1 111 E COMMONWEALTH#D FULLERTON CA 92831 Trust Funds to which Supplemental Fringe Benefits are payable: SUB CONTRACTOR/person or firm who contracted for the purchase of such labor,services,equipment or materials is: 562-929-1128 GRIFFITH COMPANY P O BOX 2150 SANTA FE SPRINGS CA 90670 BY: G;d& LkJNYQ Agent Dated: 11/06/2006 (Signature) (Title) R NOTICE TO PROPERTY OWNER IF BILLS ARE NOT PAID IN FULL FOR THE LABOR,SERVICES, EQUIPMENT,OR MATERIALS FURNISHED OR TO BE FURNISHED,A MECHANIC'S LIEN LEADING TO THE LOSS,THROUGH COURT FORECLOSURE PROCEEDINGS,OF ALL OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY(1)REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE 6Y THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR OR(2) ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. OTHER THAN RESIDENTIAL HOMEOWNERS OF DWELLINGS CONTAINING FEWER THAN FIVE UNITS,PRIVATE PROJECT OWNERS MUST NOTIFY THE ORIGINAL CONTRACTOR AND ANY LIEN CLAIMANT WHO HAS PROVIDED THE OWNER WITH A PRELIMINARY 20-DAY LIEN NOTICE IN ACCORDANCE WITH SECTION 3097 OF THE CIVIL CODE THAT A NOTICE OF COMPLETION OR NOTICE OF CESSATION HAS BEEN RECORDED WITHIN 10 DAYS OF ITS RECORDATION. NOTICE SHALL BE BY REGISTERED MAIL,CERTIFIED MAIL,OR FIRST-CLASS MAIL,EVIDENCED BY A CERTIFICATE OF MAILING. FAILURE TO NOTIFY WILL EXTEND THE DEADLINES TO RECORD A LIEN, PROOF OF SERVICE BY MAIL AFFIDAVIT I,Cindee Wood,declare that I served copies of the above PRELIMINARY 20-DAY NOTICE(PRIVATE WORK/PUBLIC WORK)by First Class Certified or Registered Mail service,postage prepaid,addressed to each of the parties at the addresses shown above on 11/06/2006. 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. BY: 1 LkJaYQ Cindee Wood, Agent Executed at SAN DIEGO,California on 11/06/2006. /� ��jJhia 1 prepared CA�PRREENIOS INC 4345 Murph Canya Rd Suile 200,San Diego CA 92123(800)8542100,FAX(858)560-7626 32400 PASEO ADELANTO � �% � � � � MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 / SAM TO (948)4931171 /,y THOMAS W.HR (949)493-1053 FAX )-�9 II[IelBulu THOMAS W.HRIBAR [SIIILISI76 1961 JMARK OESOTELSEN w wwsanjuancapistrano.org 1776 0 JOE SOTO • DR.LONDRES USO December 20, 2006 Earth Construction and Mining 1111 E. Commonwealth Ave. #D Fullerton, CA 92831 Attention: Chuck Poss Re: Rancho Sierra Vista Storm Drain Replacement Proiect Dear Mr. Poss: At their meeting of December 5, 2006, the City Council of the City of San Juan Capistrano adopted Resolution 06-12-05-03 accepting the work as completed for the Rancho Sierra Vista Storm Drain Replacement Project. A copy of the recorded Notice of Completion is enclosed for you records. The retention will be payable upon 35 days from recording of the Notice of Completion. The Notice was recorded on December 12, 2006; therefore, the final payment in the amount of$9,425.00 may be released on January 16, 2007. If h ve any questions, please do not hesitate to call. Ve /nyours, a orns P ty City erk cc: Peter Salgado, Senior Civil Engineer John Elwell, Interim Public Works Director Dottie Shaw, Accounting Clerk San Juan Capistrano: Preserving the Past to Enhance the Future c,'.11 Printw nn mwnlM noon, - 32400 PASEO ADELANTO / A MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 i% [�� (949)4931171 SAM ALLEVATO (949)4931053 FAX !% In[XAIOAAlE1 THOMAS W.HRIBAR fStAllu SXfe 1961 MARK NIELSEN www.sanjuancapistrano.org 1776 JOE SOTO • DR.LONDRES USO December 7, 2006 Clerk-Recorder's Office County of Orange P.O. Box 238 Santa Ana, California 92701 Re: Notice of Completion (Earth Construction and Mining) SENT VIA CERTIFIED MAIL The noted document is enclosed for recording: When placed of record, please return the recorded document to this office. Thank you for your assistance. Very truly yours Maria Morris Deputy City Clerk ' 0 Cc: Peter Salgado, Senior Civil Engineerru ' John W. Elwell, Interim Public Works Manage111J a QF F I C IAL S Postage $ • I m ceraeed Fee 0 WrNk C3 Return"=.q"l Fee P Ham (EMoreernent Required) 17 ResVkted pallvery F•e r-1 (E Required) CO C3 Taml Poslegs&Feae $r3 Swt To Q .O M1 3neet:lpi 7tb.:.... o PO 1Ya NIP .... ._ .... ...... _._........... San Juan Capistrano: Preserving the Past to Enhance the Future �J Printed on recycletl paper ' CITY OF SAN JUAN CAPISTRANO NOTICE TO BIDDERS, PROPOSAL, CONTRACT, AND 1 SPECIFICATIONS ' for the ' RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT PROJECT 1 ' IN THE CITY OF SAN JUAN CAPISTRANO June, 2006 1 Dave Adams, City Manager 1 - ' NOTICE TO BIDDERS, PROPOSAL, CONTRACT, AND SPECIFICATIONS ' TABLE OF CONTENTS ' PART I -- BIDDING AND CONTRACTUAL DOCUMENTS AND FORMS Notice Inviting Bids Instructions to Bidders Bid Forms Bid (Proposal) 1 Bid Schedule List of Subcontractors Non-collusion Affidavit ' Bidder's General Information Bid Bond (Bid Security Form) Agreement and Bonds Agreement Form Worker's Compensation Certificate Performance Bond ' Payment Bond Certificate of Insurance PART II -- CONDITIONS OF THE CONTRACT ' General Conditions of the Construction Contract Supplementary General Condition PART III -- TECHNICAL SPECIFICATIONS Division I General Requirements ' PART IV —APPENDICES ' Appendix - A Construction and Demolition Ordinance 1 Appendix - B Best Management Practices 1 i FORM pert-0 SPECIFICATIONS ' Nov zoo;Twp' GENERAL CONTENTS- PAGE 1 1 1 CITY OF SAN JUAN CAPISTRANO 1 PART I - BIDDING AND CONTRACTUAL DOCUMENTS AND FORMS ' RANCHO SIERRA VISTA STORM DRAIN 1 REPLACEMENT PROJECT ' Notice Inviting Bids Instructions to Bidders Bid Forms 1 Bid (Proposal) Bid Schedule 1 List of Subcontractors Non-Collusion Affidavit Bidder's General Information ' Bid Bond (Bid Security Form) Agreement and Bonds 1 Agreement Form Worker's Compensation Certificate Performance Bond ' Payment Bond Certificate of Insurance i 1 1 1 X04U-paM wpd CONTENTS Nov 2001 PART 1 CITY OF SAN JUAN CAPISTRANO NOTICE INVITING BIDS ' FOR CONSTRUCTING THE ' RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT PROJECT N-1. NOTICE IS HEREBY GIVEN that sealed bids for the construction of the Rancho ' Sierra Vista Storm Drain Replacement Project will be received at the office of the City Clerk of the City of San Juan Capistrano, California, until 2 p.m. on August 1, 2006 at which time they will be opened and read aloud in the Council Chambers of the City of San Juan ' Capistrano (City). N-2 DESCRIPTION OF THE WORK: The Work includes the construction of a new 24" ' storm drain line. N-3 LOCATION OF THE WORK: The Work shall be constructed at the Rancho Sierra ' Vista Stables located at 31441 Avenida De La Vista, San Juan Capistrano, 92672. N-4 COMPLETION OF THE WORK: Time is of the essence. All work must be ' completed within 60 calendar days after the date specified in the Notice to Proceed. Liquidated damages will be assessed as set forth in the Agreement for failure to meet the specified completion date. ' ) N-5 AWARD OF CONTRACT: (a) The City reserves the right after opening bids to reject any or all bids, to waive any informality (non-responsiveness) in a bid, or to make award to the lowest responsive, responsible bidder and reject all other bids, as it may best serve the interest of the City. ' (b) As a condition of award,the successful bidder will be required to submit payment and performance bonds and insurance in an amount of 100 percent of the contract price. N-6 BID SECURITY: Each bid shall be accompanied by a certified or cashier's check or Bid Bond in the amount of at least 10 percent of the total bid price, payable to the City of San Juan Capistrano. N-7 BIDS TO REMAIN OPEN: The Bidder shall guarantee the total Bid price for a period of 90 calendar days after the date of Bid opening. N-8 CONTRACTOR'S LICENSE CLASSIFICATION: The Contractor shall possess a ' valid Class "A" Contractor license at the time of submitting bids. N-9 CALIFORNIA WAGE RATE REQUIREMENTS: The Contractor shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California for the locality where the work is to be ' performed. A copy of said wage rates is on file at the office of the City. The Contractor and asu-0321on0.wo NOTICE INVITING BIDS ' zz August x001 PAGE any subcontractors shall pay not less than said specified rates and shall post a copy of said wage rates at the project site. ' N-10 RETAINAGE FROM PAYMENTS: The Contractor may elect to receive 100 percent of payments due under the Contract Documents from time to time, without retention of any portion of the payment by the City by depositing securities of equivalent value with the City ' in accordance with the provisions of Section 22300 of the Public Contract Code. N-11 PRE-BID VISIT TO WORK SITE: Prospective bidders are invited to attend a pre-bid visit to the proposed work site and existing facilities, which will be conducted by the City at 1:00 pm on July 19, 2006. This meeting will be held at the City of San Juan Capistrano, Public Works Department at 32400 Paseo Adelanto, San Juan Capistrano. Any Bidder who ' fails to attend the pre-bid site visit accepts full responsibility for acceptance of all site conditions that would have been evident had a site inspection been made. 1 N-12 OBTAINING OR INSPECTING CONTRACT DOCUMENTS: (a) Contract Documents may be inspected without charge at the City of San Juan ' Capistrano, City Clerk's Office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. ' (b) Complete sets of said Contract Documents may be purchased for$15 dollars per set and are obtainable from the City of San Juan Capistrano, City Clerk's Office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. No refund will be made of any charges for sets of Contract Documents. N-13 ADDRESS AND MARKING OF BIDS: The envelope enclosing the Bid shall be ' sealed and addressed to the City of San Juan Capistrano, and shall be delivered or mailed to the City Clerk at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. The envelope shall be plainly marked in the upper left hand corner with the name and address of the ' Bidder and shall bear the words "Bid For.." followed by the Project title and the date and hour of opening Bids. The certified or cashier's check or Bid Bond shall be enclosed in the same envelope with the Bid. BY ORDER OF THE CITY OF SAN JUAN CAP ISTRANO ' Date ' CITY OF SAN JUAN CAPISTRANO ' By Margaret R. Monahan, CMC City Clerk osu-oazicny.wpn NOTICE INVITING BIDS ' 22 AUYmt 2WI PAGE 2 ' CITY OF SAN JUAN CAPISTRANO INSTRUCTIONS TO BIDDERS ' 1. DEFINED TERMS -Terms used in these Instructions to Bidders and the Notice Inviting Bids and not defined herein shall have the meanings assigned to them in the General Conditions. The term'Bidder"shall mean one who submits a Bid directly to the City,as distinct from a sub-bidder,who submits a Bid to a Bidder. ' The term "Engineer' shall be as defined in the General Conditions or Supplementary General Conditions. 2. COMPETENCY OF BIDDERS-Except as otherwise provided under Public Contract Code§20103.5, no Bid for the Work will be accepted from a contractor who does not hold a valid contractor's license in the ' State of California for the classifications named in the Notice Inviting Bids at the time of opening Bids. 3. DISQUALIFICATION OF BIDDERS - More than one Bid from an individual, firm, partnership, t corporation,or association under the same or different names will not be considered. If the City believes that any Bidder is interested in more than one Bid for the Work contemplated, all Bids in which such Bidder is interested will be rejected. If the City believes that collusion exists among the Bidders,all Bids will be rejected. ' 4, BIDDER'S EXAMINATION OF CONTRACT DOCUMENTS ANDTHESITE-(a)Itisthe responsibility of each Bidder before submitting a Bid to examine the Contract Documents thoroughly; visit the site to become familiar with local conditions that may affect cost, progress, or performance of the Work; consider federal, state, and local laws and regulations that may affect cost, progress, or performance of the Work; ' study and carefully correlate the Bidder's observations with the Contract Documents; and notify the Engineer of all conflicts, errors, or discrepancies noted in the Contract Documents. ' (b) Reference is made to the Supplementary General Conditions for identification of those reports of explorations and tests of subsurface conditions at the site which may have been utilized by the Engineer in the preparation of the Contract Documents. However, such reports are NOT a part of the Contract Documents. The interpretation of such technical data, including any interpolation or extrapolation thereof, ' together with non-technical data, interpretations, and opinions contained therein or the completeness thereof is the responsibility of the Bidder. (c)Copies of such reports and drawings will be made available for inspection by the City to any Bidder upon request. Those reports and drawings are NOT part of the Contract Documents, but any technical data contained therein upon which the Bidder is entitled to rely is limited to that set forth in the Supplementary General Conditions. ' (d)Subjectto the provisionsof Section 4215 of the California Government Code,information and data reflected in the Contract Documents with respect to underground utilities at or contiguous to the site is based upon information and data furnished to the City and the Engineer by the owners of such underground utilities or others, and the City does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary General Conditions. ' (e) Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, underground utilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in the Specifications and Supplementary General Conditions. ' (f) Before submitting a Bid,each Bidder must, at Bidder's own expense,make or obtain any additional examinations and investigations which pertain to the physical conditions (surface, subsurface, and t underground utilities)at or contiguous to the site or otherwise which may affect cost, progress,or performance of the Work and which the Bidder deems necessary to determine its Bid for performing the Work in accordance with the time, price, and other terms and conditions of the Contract Documents. Foann u-101 INSTRUCTIONS TO x06U-101mtwpd ' Nov 2001 BIDDERS- PAGE 1 ' (g)Where feasible, upon request in advance, the City will provide each Bidder access to the site to ' conduct such investigations and tests as each Bidder deems necessary for submittal of a Bid. The Bidder shall fill all exploration and test holes made by the Bidder and shall repair damage, clean up, and restore the site to its former condition upon completion of such exploration. ' (h)The lands upon which the Work is to be performed, the rights-of-way and easements for access thereto, and other lands designated for use by the Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by the Contractor. Easement for permanent structures ' or permanent changes in existing structures will be obtained and paid for by the City unless otherwise provided in the Contract Documents. ' (i)The submittal of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Article;that without exception the Bid is premised upon performing the Work required by the Contract Documents and such means, methods, techniques, sequences, or procedures of construction as may be indicated in or required by the Contract Documents; and that the ' Contract Documents are sufficient in scope and detail to indicate and convey understanding of all the terms and conditions for performance of the Work. ' 5. INTERPRETATIONS -All questions about the meaning or intent of the Contract Documents are to be directed to the Engineer. Interpretations or clarifications considered necessary by the Engineer in response to such questions will be resolved by the issuance of Addenda mailed, FAXed, or delivered to all parties recorded by the Engineer or the City as having received the Contract Documents. Questions received less ' than 7 days prior to the date of opening Bids may not be answered. Only questions that have been resolved by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. 6. BID SECURITY, BONDS, AND INSURANCE - Each Bid shall be accompanied by a certified or ' ) cashier's check or approved Bid Bond in the amount stated in the Notice Inviting Bids. Said check or bond shall be made payable to the City and shall be given as a guarantee that the Bidder, if awarded the Work, will ' enter into an Agreement with the City and will furnish the necessary insurance certificates, Payment Bond, and Performance Bond. Each of said bonds and insurance certificates shall be in the amounts stated in the General and Supplementary Conditions of the Contract. In case of refusal or failure of the successful Bidder to enter into said Agreement, the check or Bid Bond, as the case may be, shall be forfeited to the City ' pursuant to the provisions of Public Contract Code Section 20174. If the Bidder elects to furnish a Bid Bond as its security, the Bidder shall use the Bid Bond form bound herein, or one conforming substantially to it in form. ' 7. RETURN OF BID SECURITY-Within 14 days after award of the Contract, the City will return all bid securities accompanying such of the Bids that are not considered in making the award. All other Bid securities will be held until the Agreement has been finally executed. They will then be returned to the respective ' Bidders whose Bids they accompany. 8. BID FORM -The Bid shall be made on the Bid Schedule sheets bound herein . Unless otherwise provided in the Notice Inviting Bids, in the event there is more than one Bid Schedule, the Bidder may Bid on any individual schedule or on any combination of schedules. All bid items shall be properly filled out. Where so indicated in the Bid Documents, Bid price shall be shown.in words and figures, and any conflict between the words and figures,the words shall govern. ' The envelope enclosing the sealed bids shall be plainly marked in the upper left-hand corner with the name and address of the Bidder and shall bear the words"BID FOR,"followed by the title of the Contract Documents for the Work, the name of the "CITY OF SAN JUAN CAPISTRANO," the address where the bids are to be t delivered or mailed to, and the date and hour of opening of bids. The Bid Security shall be enclosed in the same envelope with the Bid. ' INSTRUCTIONS TO FORMATU x06U-161inst.wpd BIDDERS - PAGE 2 N.�2w1 9. SUBMITTAL OF BIDS -The Bids shall be delivered by the time and to the place stipulated in the ' Notice Inviting Bids. It is the Bidder's sole responsibility to see that its Bid is received in proper time. Bids will not be accepted after the appointed time for opening of bids, no matter what the reason. 10. DISCREPANCIES IN BIDS -In the event that there is more than one Bid Item in the Bid Schedule, ' the Bidder shall furnish a price for all Bid Items in the schedule, and failure to do so will render the Bid as non-responsive and may cause its rejection. In the event that there are unit price Bid Items in a Bid Schedule and the"amount' indicated for a unit price Bid Item does not equal the product of the unit price and quantity listed, the unit price shall govern and the amount will be corrected accordingly, and the Contractor shall be ' bound by such correction, subject to the provisions of Section 5100 et seq. of the California Public Contract Code. In the event that there is more than one Bid Item in a Bid Schedule and the total indicated for the schedule does not agree with the sum of prices Bid on the individual items, the prices bid on the individual ' items shall govern and the total for the schedule will be corrected accordingly, and the Contractor shall be bound by said correction, subject to the provisions of Section 5100 at seq. of the California Public Contract Code. ' 11. QUANTITIES OF WORK-(a)The quantities of work or material stated in unit price items of the Bid are supplied only to give an indication of the general scope of the Work; the City does not expressly or by implication agree that the actual amount of work or material will correspond therewith. ' (b) In the event of an increase or decrease in a bid item quantity of a unit price contract, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit prices established for such work under the Contract Documents; provided,that on unit price contracts, increases of ' more than 25 percent,decreases of more than 25 percent,and eliminated items shall be adjusted as provided in the General and Supplementary General Conditions of the Contract. ' 12. WITHDRAWAL OF BID -The Bid may be withdrawn by the Bidder by means of a written request, signed by the Bidder or it's properly authorized representative. Such written request must be delivered to the place stipulated in the Notice Inviting Bids prior to the scheduled closing time for receipt of Bids. ' 13. MODIFICATIONS AND UNAUTHORIZED ALTERNATIVE BIDS - Unauthorized conditions, limitations, or provisos attached to the Bid will render it informal and will cause its rejection as being non-responsive. The completed Bid forms shall be without interlineation,alterations,or erasures. Alternative Bids will not be considered unless expressly called for in the Notice Inviting Bids. Oral, FAX, telegraphic, or telephone Bids or modifications will not be considered. 14. LIQUIDATED DAMAGES - Provisions for liquidated damages, if any, shall be as set forth in the Agreement and the provisions of the General and Supplementary General Conditions. 15. SUBSTITUTE OR"OR-EQUAL"ITEMS-The Work, if awarded,will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible ' substitute or"or-equal"items. Whenever it is indicated in the Drawings or specified in the Special Provisions that a substitute or"or-equal" item of material or equipment may be furnished or used by the Contractor if acceptable to the Engineer, application for such acceptance may be considered by the Engineer pursuant to the provisions of Public Contract Code Section 3400(rev 1998). The procedure for submittal of any such application by the Contractor and consideration by the Engineer shall be as specified in the Specifications or Special Provisions. ' 16. AWARD OF CONTRACT - Award of Contract, if it is awarded, will be to the lowest responsive, responsible bidder. ' 17. EXECUTION OF AGREEMENT - The Bidder to whom award is made shall execute a written Agreement with the City on the form of agreement provided, shall secure all insurance, and shall furnish all certificates and bonds required by the Contract Documents within 15 calendar days after receipt of the Agreement forms from the City. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award FORM U-101 INSTRUCTIONS TO x0$U-101 inst wpd ' NW 2001 BIDDERS - PAGE 3 ' and forfeiture of the Bid Security. If the lowest responsive, responsible bidder refuses or fails to execute the Agreement, the City may award the Contract to the second lowest responsive, responsible Bidder. If the ' second lowest responsive, responsible Bidder refuses or fails to execute the Agreement, the City may award the Contract to the third lowest responsive, responsible Bidder. On the failure or refusal of such second or third lowest Bidder to execute the Agreement, each such bidder's Bid Securities shall be likewise forfeited to ' the City. 18. WORKER'S COMPENSATION REQUIREMENT -The Bidder should be aware that in accordance with laws of the State of California,the Bidderwill,if awarded the Contract, be required to secure the payment ' of compensation to its employees and execute the Worker's Compensation Certification. ' END OF INSTRUCTIONS TO BIDDERS - INSTRUCTIONS TO FORMATU X06U-101lnst.wpd ' BIDDERS- PAGE 4 Nov 2001 1 1 11 1 1 1 BID DOCUMENTS 1 1 Only the following listed documents, identified in the lower right corner as "Bid Forms" and reproduced on colored paper, shall be fully 1 executed and submitted with the Bid at the time of opening of Bids. 1 Bid (Proposal) Bid Schedule(s) 1 List of Subcontractors Non-collusion Affidavit 1 Bid Bond (Bid Security Form) Bidder's General Information 1 Failure of a Bidder to fully execute and submit all of the listed 1 documents with the Bid will render a Bid as non-responsive and subject to rejection. 1 1 1 BdCo�w COVER SHEET 07 1 2W1 BID Aug2BID FORMS BID This is page one of EXHIBIT A,referred to in made and a part of the AGREEMENT between the OWNER and the CONTRACTOR tBID TO: CITY OF SAN JUAN CAPISTRANO The undersigned Bidder proposes and agrees,if this Bid is accepted,to enter into an Agreement with the City in the form included in the Contract Documents (as defined in Article 4 of the Agreement) to perform the Work as specified or indicated in said Contract Documents entitled: ' RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT PROJECT Bidder accepts all of the terms and conditions of the Contract Documents,including without limitation those in the Notice ' Inviting Bids and the Instructions to Bidders dealing with the disposition of the Bid Security. This Bid will remain open for the period stated in the Notice Inviting Bids, unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and will furnish the tinsurance certificates, Payment Bond, Performance Bond, and all Permits required by the Contract Documents. Bidder has examined copies of all the Contract Documents,including the following Addenda(receipt of which is hereby acknowledged): ' Number Date Number Date Number Date Number Date ' Bidder has familiarized itself with the nature and extent of the Contract Documents,the Work,the site,the locality where the Work is to be performed,the legal requirements(federal,state,and local laws,ordinances,rules,and regulations), and the conditions affecting cost,progress,or performance of the Work,and has made such independent investigations as Bidder deems necessary. In conformance with the current statutory requirements of California Labor Code Section 1860,at seq.,the undersigned Confirms the following as its certification: ' I am aware of the provisions of Section 3700 of the Labor Code,which require every employer to be insured against liability for worker's compensation,or to undertake self-insurance in accordance with the provisions, before commencing the performance of the Work of this Contract. ' To all the foregoing,and including all Bid Schedule(s), List of Subcontractors,Non-collusion Affidavit,Bidder's General Information,and Bid Bond contained in these Bid Forms,said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents,and to accept in full payment ' therefor the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the aforementioned Bidding Schedule(s). ' Dated: Bidder: ' By. (Signature) Title: FORM U-300 BID(PROPOSAL) ' No uz o'bitlwptl BID FORMS- PAGE 1 This is Page 2 of Exhibit A, referred to in and made part of the Agreement between the Owner and the Contractor BID SCHEDULE ' RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT ESTIMATED UNIT ITEM DESCRIPTION QUANTITY UNIT COST AMOUNT ' 1 General Conditions, Mobilization, Demobilization 1 LS 2 Site Work/Demolition 1 LS 3 Install 18"RCP Storm Drain Laterals 1 LS 4 Install 24" RCP Storm Drain Main Line 1 LS 5 Install S.D. Inlets 1 LS 6 Install S.D. Junction Structures 1 LS ' Total tName of Bidder or Firm 1 Unit Price Bid Schedule Bid Forms- Page 2 INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS As required under Section 4100,at seq.,of the Public Contract Code,the Bidder shall list below the name and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price,and shall also list the portion of the Work which will be done by such subcontractor. After the opening of Bids,no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words"and/or"will not be permitted. Failure to comply with this requirement will render the Bid as non-responsive and may cause its rejection. Contractor's License Work to be Performed Number Subcontractor's Name&Address 1 2 3 i 4 5 ' 6 r � a FORM U-030 LIST OF SUBCONTRACTORS Aug 2001 BID BID FORMS- PAGE 4 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of ) I, being first duly sworn, deposes and says that he or she is of , the party making the foregoing Bid,that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association,organization,or corporation;that the Bid is genuine and not collusive or sham;that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid,orthat 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,orto any member or agent thereof,to effectuate a collusive or sham Bid. Bidder By Title Organization Address FORM O-490 NON-COLLUSION AFFIDAVIT Ag zoo A WP' BID FORMS- PAGE 5 i BID BOND KNOW ALL MEN BY THESE PRESENTS, That as Principal, and as Surety, are held and firmly bound unto The City of San Juan Capistrano, hereinafter called the"Owner" in the sum of dollars (not less than 10 percent of the total amount of the bid) for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a Bid to said Owner to perform the Work required under the Bid Schedule(s) of the Owner's Contract Documents entitled: RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT PROJECT NOW THEREFORE, if said Principal is awarded a Contract by said Owner, and within the time and in the manner required in the"Notice Inviting Bids"and the"Instructions to Bidders"enters into a written Agreement on the Form of Agreement bound with said Contract Documents, furnishes the required Certificates of Insurance,and furnishes the required Performance Bond and Payment Bond,then this obligation shall be null and void,otherwise it shall remain in full force and effect. In the event suit is brought upon this Bond by said ' ) Owner, and Owner prevails, said Surety shall pay all costs incurred by said Owner in such suit, including a reasonable attorney's fee to be fixed by the court. SIGNED AND SEALED,this day of , 20 (SEAL) (SEAL) (SEAL) (SEAL) (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) (Principal) (Surety) (Signature) (Signature) FORM U-010 BID BOND (BID SECURITY FORM) x12U�10bond,wpd N.200BID FORMS - PAGE 6 BIDDER'S GENERAL INFORMATION The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be non-responsive and may cause its rejection. 1. BIDDER/CONTRACTOR'S Name and Street Address: r 2. CONTRACTOR'S Telephone Number: ( ) Facsimile Number: { ) E-mail address 3. CONTRACTOR'S License: Primary Classification State License Number(s) Supplemental License Classifications 4. Surety Company and Agent who will provide the required Bonds on this Contract: Name of Surety Address Surety Company Agent Telephone Numbers: Agent( ) Surety ( ) 5. Type of Firm (Individual, Partnership or Corporation): 6. Corporation organized under the laws of the State of: ' 7. List the names and addresses of the principal members of the firm or names and titles of the principal officers of the corporation or firm: BIDDER'S GENERAL INFORMATION (Continued) FORM U420 BIDDER'S GENERAL INFORMATION ' No zoo miowaa BID FORMS- PAGE 7 1 8. Number of years experience as a contractor in this specific type of construction work: 9. List at least three related projects of comparable size and complexity completed to date: 1. Owner Address Contact Class of work ' Phone Contract amount 1Date completed Project 2. Owner Address Contact Class of work Phone (_) Contract amount Project C Date completed 3. Owner Address Contact Class of work Phone Contract amount Date completed Project( ) 10. List the name and title of the person who will supervise full-time the proposed work for your firm: 11. Is full-time supervisor an employee contract services_? 12. A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Engineer. FORM U420 BIDDER'S GENERAL INFORMATION x13U420info.wpd Nov 200BID FORMS- PAGE 8 CONSTRUCTION CONTRACT THIS CONTRACT is made and entered into, to be effective, this day of 1 , 2006, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City," and hereinafter referred to as "Contractor." City and Contractor mutually agree as follows: Section 1. General Conditions. Contractor certifies and agrees that all the terms, conditions and obligations of the Contract Documents as hereinafter defined, the location of the job site, and the conditions under which the work is to be performed have been thoroughly reviewed, and enters into this Contract based upon Contractor's investigation of all such matters and is in no way relying upon any opinions or representations of City. It is agreed that this ' Contract represents the entire agreement between the parties. It is further agreed that the Contract Documents including the Notice Inviting Bids, Special Instructions to Bidders, if any, and Contractor's Proposal are incorporated in this Contract by reference, with the same force and effect as if the same were set forth at length herein, and that Contractor and its subcontractors, if any, will be and are bound by any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the work covered by this Contract. "Project" as used herein defines the entire scope of the work covered by all the ' Contract Documents. Anything mentioned in the Specifications and not indicated in the Plans, or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy in the Plans or Specifications, the matter shall be immediately submitted to City's Engineer, without whose decision Contractor shall not adjust said discrepancy save only at Contractor's own risk and expense. The decision of the Engineer shall be final. CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT B-1 Section 2. Materials and Labor. Contractor shall furnish, under the conditions expressed in the Plans and Specifications, at Contractor's own expense, all labor and materials necessary, except such as are mentioned in the Specifications to be furnished by the City, to construct and complete the Project, in good workmanlike and substantial order. If Contractor fails to pay for labor or materials when due, City may settle such claims by making demand upon the surety to this Contract. In the event of the failure or refusal of the surety to satisfy said claims, City may settle them directly and deduct the amount of payments from the Contract price and any amounts due to Contractor. In the event City receives a stop notice from any laborer or material supplier alleging non-payment by Contractor, City shall be entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited to administrative and legal fees. Section 3. Description of Project. ' The Project is described as: Rancho Sierra Vista Storm Drain Replacement as delineated in the Plans prepared by MBF Consulting, Inc., dated June 2006. Work to include: the installation of a 24" storm drain. iSection 4. Plans and Specifications. ' The work to be done is shown in a set of detailed Plans and Specifications entitled: Rancho Sierra Vista Storm Drain Replacement Said Plans and Specifications and any revisions, amendments or addenda thereto are attached hereto and incorporated herein as part of this Contract and referred to by reference. CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT B-2 Section 5. Time of Commencement and Completion. Contractor agrees to commence the Project within ten (10) calendar days from 1 the date set forth in the "Notice to Proceed" sent by City and shall diligently prosecute the work to completion within sixty (60) calendar days from the date of the "Notice to Proceed" issued by the City excluding delays caused or authorized by the City as set ' forth in Sections 7, 8 and 9 hereof. Section 6. Time is of the Essence. ' Time is of the essence of this Contract. As required by the Contract Documents, Contractor shall prepare and obtain approval of all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of Contractor's work Iin conformance with an approved construction progress schedule. Contractor shall coordinate the work covered by this Contract with that of all other Contractors, ' subcontractors and of the City, in a manner that will facilitate the efficient completion of the entire work in accordance with Section 5 herein. City shall have complete control of the premises on which the work is to be performed and shall have the right to decide the 1 time or order in which the various portions of the work shall be installed or the priority of the work of other subcontractors, and, in general, all matters representing the timely and orderly conduct of the work of Contractor on the premises. Section 7. Excusable Delays. Contractor shall be excused for any delay in the prosecution or completion of the ' Project caused by acts of God; inclement weather; damages caused by fire or other casualty for which Contractor is not responsible; any act, neglect or default of City; failure of City to make timely payments to Contractor; late delivery of materials required by this Contract to be furnished by City; combined action of the workers in no way caused by or resulting from default or collusion on the part of Contractor; a lockout by CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT B-3 I ' City; or any other delays unforeseen by Contractor and beyond Contractor's reasonable control. City shall extend the time fixed in Section 5 for completion of the Project by the ' number of days Contractor has thus been delayed, provided that Contractor presents a ' written request to City for such time extension within fifteen (15) days of the commencement of such delay and City finds that the delay is justified. City's decision will be conclusive on the parties to this Contract. Failure to file such request within the time allowed shall be deemed a waiver of the claim by Contractor. ' No claims by Contractor for additional compensation or damages for delays will be allowed unless Contractor satisfies City that such delays were unavoidable and not the result of any action or inaction of Contractor and that Contractor took all available ' measures to mitigate such damages. Extensions of time and extra compensation as a result of incurring undisclosed utilities will be determined in accordance with Section C- � ) 9(f) of the General Provisions. The City's decision will be conclusive on all parties to this Contract. Section 8. Extra Work. The Contract price includes compensation for all work performed by Contractor, unless Contractor obtains a written change order signed by a designated representative tof City specifying the exact nature of the extra work and the amount of extra compensation to be paid all as more particularly set forth in Section 9 hereof. City shall extend the time fixed in Section 5 for completion of the Project by the number of days reasonably required for Contractor to perform the extra work, as determined by City's Engineer. The decision of the Engineer shall be final. ' Section 9. Changes in Project. A. City may at any time, without notice to any surety, by written order ' designated or indicated to be a change order, make any change in the work within the general scope of the Contract, including but not limited to changes: CITY OF SAN JUAN,CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT B-4 1) in the Specifications (including drawings and designs); 2) in the time, method or manner of performance of the work; 3) in the City-furnished facilities, equipment, materials, services or ' site; or ' 4) directing acceleration in the performance of the work. B. A change order shall also be any other written order (including direction, instruction, interpretation or determination) from the City which causes any change, provided Contractor gives the City written notice stating the date, circumstances and ' source of the order and that Contractor regards the order as a change order. C. Except as provided in this Section 9, no order, statement or conduct of the City or its representatives shall be treated as a change under this Section 9 or entitle ' Contractor to an equitable adjustment. D. If any change under this Section 9 causes an increase or decrease in Contractor's actual, direct cost or the time required to perform any part of the work 1 under this Contract, whether or not changed by any order, the City shall make an equitable adjustment and modify the Contract in writing. Except for claims based on ' defective specifications, no claim for any change under paragraph (B) above shall be allowed for any costs incurred more than twenty (20) days before the Contractor gives twritten notice as required in paragraph (B). In the case of defective specifications for which the City is responsible, the equitable adjustment shall include any increased direct cost Contractor reasonably incurred in attempting to comply with those defective specifications. E. If Contractor intends to assert a claim for an equitable adjustment under ' this Section 9, it must, within thirty (30) days after receipt of a written change order under paragraph (A) or the furnishing of a written notice under paragraph (B), submit a written statement to the City setting forth the general nature and monetary extent of CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT B-5 such claim. The City may extend the thirty (30) day period. Contractor may include the statement of claim in the notice under paragraph (B) of this Section 9. F. No claim by Contractor for an equitable adjustment shall be allowed if ' made after final payment under this Agreement. ' G. Contractor hereby agrees to make any and all changes, furnish the materials and perform the work that City may require without nullifying this Contract. Contractor shall adhere strictly to the Plans and Specifications, unless a change therefrom is authorized in writing by the City. Under no condition shall Contractor make any changes to the Project, either in additions or deductions, without the written order of the City and the City shall not pay for any extra charges made by Contractor that have not been agreed upon in advance in writing by the City. Contractor shall submit immediately to the City written copies of its firm's cost or credit proposal for change in the work. Disputed work shall be performed as ordered in writing by the City and the ' proper cost or credit breakdowns therefore shall be submitted without delay by 1 Contractor to City. H. If in the opinion of the City's Engineer, it is in the City's best interest and it ' is deemed necessary to proceed with a required change in the Contract Documents, and time precludes submittal of the Contractor's proposal or, thorough analysis of the Contractor's proposal, or the parties fail to reach an agreement, the City may order the Contractor to proceed (Proceed Order) on the basis of a tentative, not to exceed price ' based on the best estimate available at the time, with the firm price and time impact to be determined later. If a Proceed Order is issued, the Contractor shall submit his proposal for the changes in the work within 7 calendar days of the Proceed Order, and a Change Order shall be negotiated and fully executed within 30 calendar days of the Proceed Order. ' Section 10. Liquidated Damages for Delay. CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT B-6 1 The parties agree that if the total work called for under this Contract, in all parts and requirements, is not completed within the time specified in Section 5 plus the allowance made for delays or extensions authorized under Sections 7, 8 and 9, the City will sustain damage, which would be extremely difficult and impracticable to ascertain. The parties therefore agree that Contractor will pay to City the sum of Five Hundred Dollars ($500) per day, as liquidated damages, and not as a penalty, for each and every calendar day during which completion of the Project is so delayed. Contractor agrees to pay such liquidated damages and further agrees that City imay offset the amount of liquidated damages from any monies due or that may become ' due Contractor under this Contract. Section 11. Contract Price and Method of Payment. City agrees to pay and Contractor agrees to accept as full consideration for the faithful performance of this Contract, subject to any subsequent additions or deductions ' ) as provided in approved change orders, the lump sum of dollars and 1 cents ($ ) as shown on Exhibit "A". Within thirty (30) days from the commencement of work, there shall be paid to ' the Contractor a sum equal to ninety percent (90%) of the value of the actual work completed plus a like percentage of the value of material suitably stored at the worksite, treatment plant or approved storage yards subject to or under the control of the City, since the commencement of the work as determined by the City. Thereafter, on a schedule issued by the City at the commencement of the job which shows a minimum of one payment made to the Contractor per month for each successive month as the work progresses and the request for payment due dates from the Contractor to meet the ' payment schedule, the Contractor shall be paid such sum as will bring the total payments received since the commencement of the work up to ninety percent (90%) of the value of the work completed since the commencement of work as determined by the City, less all previous payments, provided that the Contractor submits the request for CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT B-7 payment prior to the end of the day required to meet the payment schedule. The City ' will retain ten percent (10%) of each approved progress payment until the Work is fifty percent (50%) complete. Then, the City may at its option suspend further retainage ' until the final progress payment. The City reserves the right to reinstate up to ten ' percent (10%) retainage of the total of the Work if the City determines, at its discretion, that the Contractor is not performing the Work satisfactorily, or there is other specific ' cause for such retainage. Payments shall be made on demands drawn in the manner required by law, ' accompanied by a certificate signed by the City's Engineer, stating that the work for ' which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the ' Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. Section 12. Substitution of Securities in Lieu of Retention of Funds. Pursuant to Public Contract Code Section 22300 et seq., the Contractor will be 1 entitled to post approved securities with the City or an approved financial institution in ' order to have the City release funds retained by the City to insure performance of the Contract. Contractor shall be required to execute an addendum to this Contract together with escrow instructions and any other documents in order to effect this substitution. 1 Section 13. Completion. Within ten (10) days after the contract completion date of the Project, Contractor shall file with the City's Engineer its affidavit stating that all workers and persons ' employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or material, except those certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Stop Notices which have been CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT B-8 filed under the provisions of the statutes of the State of California. City may require ' affidavits or certificates of payment and/or releases from any subcontractor, laborer or material supplier. Section 14. Contractor's Employees' Compensation. A. Davis-Bacon Act: Contractor will pay and will require all subcontractors to pay all employees on 1 said Project a salary or wage at least equal to the prevailing rate of per diem wages as determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each ' craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon Act shall apply only if the Contract is in excess of Two Thousand Dollars ($2,000.00) or when twenty-five percent (25%) or ' more of the Contract is funded by federal assistance. If the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be complied with are ' incorporated herein as a part of this Contract and referred to by reference. B. General Prevailing Rate: ' City has ascertained from the State of California Director of Industrial Relations ' the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Contract, and copies of the same are on file in the Office of the Engineer of City. The Contractor agrees that not less than said ' prevailing rates shall be paid to workers employed on this public works contract as required by Labor Code Section 1774 of the State of California. C. Forfeiture For Violation: ' Contractor shall, as a penalty to the City, forfeit Fifty Dollars .($50.00) for each calendar day or portion thereof for each worker paid (either by the Contractor or any subcontractor under it) less than the prevailing rate of per diem wages as set by the ' CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT B_g 1 ' Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the work provided for in this Contract, all in accordance with Section ' 1775 of the Labor Code of the State of California. D. Travel and Subsistence Pay: ' Section 1773.8 of the Labor Code of the State of California, regarding the ' payment of travel and subsistence payments, is applicable to this Contract and Contractor shall comply therewith. E. Apprentices: ' Section 1777.5, 1777.6 and 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices, is applicable to this Contract and the ' Contractor shall comply therewith if the prime contract involves Thirty Thousand Dollars ($30,000.00) or more or twenty (20) working days, or more; or if contracts of specialty Contractors not bidding for work through the general or prime Contractor are Two 1 Thousand Dollars ($2,000.00) or more or five (5) working days or more. F. Workday: In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and Contractor shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph (B) above. Contractor shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seg.) of the Labor Code of the State of California and shall forfeit to the City as a penalty, the sum of Twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which any ' worker is required or permitted to labor more than eight (8) hours in any one calendar ' day and forty (40) hours in any one week in violation of said Article. Contractor shall CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT B-10 ' keep an accurate record showing'the name and actual hours worked each calendar day ' and each calendar week by each worker employed by Contractor in connection with the Project. G. Record of Wages: Inspection: Contractor agrees to maintain accurate payroll records showing the name, ' address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the Project and agrees to require that each of its subcontractors does the same. All payroll records ' shall be certified as accurate by the applicable Contractor or subcontractor or its agent ' having authority over such matters. Contractor further agrees that its payroll records and those of its subcontractors shall be available to the employee or employee's ' representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code ' Section 1776, in general. Section 15. Surety Bonds. Contractor shall, before entering upon the performance of this Contract, furnish bonds approved by the City Counsel -- one in the amount of one hundred percent ' (100%) of the Contract price bid, to guarantee the faithful performance of the work, and the other in the amount of one hundred percent (100%) of the Contract price bid to guarantee payment of all claims for labor and materials furnished. This Contract shall ' not become effective until such bonds are supplied to and approved by the City. Section 16. Insurance. ' A. Contractor is also aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT B-11 ' Compensation or undertake self-insurance in accordance with the provisions of that ' Code and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry workers' compensation ' insurance for the protection of its employees during the progress of the work. The ' insurer shall waive its rights of subrogation against City, its officers, agents and employees and shall issue a certificate to the policy evidencing same. rC. Contractor shall at all times carry, on all operations hereunder, bodily injury, including death, and property damage liability insurance, including automotive operations, bodily injury and property damage coverage. All insurance coverage shall ' be in amounts specified by City in the Insurance Requirements and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to City for all operations, subcontract ' work, contractual obligations, product or completed operations, all owned vehicles and ' non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting workers' compensation coverage, shall name the City, its Directors, Officers, Agents, Employees, Engineers, and Consultants for this contract, and all public agencies from ' whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the City, as additional insureds on said policies. D. Before Contractor performs any work at, or prepares or delivers materials ' to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and ' policy number of each carrier and policy and that the insurance is in force and will not be canceled without thirty (30) days' written notice to City. CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT B-12 1 ' Contractor shall maintain all of the foregoing insurance coverages in force until ' the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of City by Contractor under Section 17 of this Contract. Notwithstanding nor diminishing the ' obligations of Contractor with respect to the foregoing, Contractor shall subscribe for and maintain in full force and effect during the life of this Contract, the following ' insurance in amounts not less than the amounts specified and issued by a company admitted in California and having a Best's Guide Rating of A-Class VII or better: ' Worker's Compensation In accordance with the Workers' Compensation Act of the State of California -- Minimum of ' $1,000,000 Public Liability, in the form of either Comprehensive General $1,000,000, per occurrence, or Liability or Commercial General alternatively, Liability written on a per-occurrence $5,000,000 aggregate, separate ' basis for this project. ' Automobile liability, including $1,000,000 per occurrence non-owned and hired vehicles City or its representatives shall at all times have the right to inspect and receive the original or a certified copy of all said policies of insurance, including certificates. Contractor shall pay the premiums on the insurance hereinabove required. ' Section 17. Risk and Indemnification. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees to save, indemnify and keep City, its Directors, Officers, Agents, Employees, ' Engineers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees harmless ' against any and all liability, claims, judgments, costs and demands, including demands arising from injuries or death of persons (Contractors' employees included) and damage CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT B-13 to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Contractor, save and except claims or litigation arising through the sole negligence or sole willful misconduct of City, and will make good to and ' reimburse City for any expenditures, including reasonable attorneys' fees City may incur by reason of such matters, and if requested by City, will defend any such suits at the ' sole cost and expense of Contractor. Section 18. Stop Notice Administration. ' City reserves the right to charge Contractor for City's actual administrative time (including attorney's time) to administer and process stop notices filed by Contractor's subcontractors, materialmen, or any other claimant or lienholder. Section 19. Termination. ' A. This Contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given: (1) not less than ten (10) calendar days' � ) written notice (delivered by certified mail, return receipt requested) of intent to terminate, ' and (2) an opportunity for consultation with the terminating party prior to termination. B. This Contract may be terminated in whole or in part in writing by the City ' for its convenience, provided that the Contractor is given (1) not less than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. ' C. If termination for default or convenience is effected by the City, an equitable adjustment in the price provided for in this Contract shall be made, but (1) no ' amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the Contractor at the time of termination may be adjusted to cover any additional costs to the City because of the Contractor's default. If termination ' for default is effected by the Contractor, the equitable adjustment shall include a reasonable profit for services or other work performed, but no adjustment will be ' allowed for anticipated profits. The equitable adjustment for any termination shall CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT B_14 provide for payment to the Contractor for services rendered and expenses incurred prior ' to the termination, in addition to termination settlement costs reasonably incurred by the Contractor relating to commitments which had become firm prior to the termination. D. Upon receipt of a termination action under paragraphs (A) or (B) above, the Contractor shall (1) promptly discontinue all affected work (unless the notice directs ' otherwise), and (2) deliver or otherwise make available to the City all data, drawings, ' specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the Contractor in performing this Contract whether ' completed or in process. E. Upon termination under paragraphs (A) or (B) above, the City may take ' over the work and may award another party an agreement to complete the work under ' this Contract. Contractor agrees to perform all work under this Contract in accordance with the City's designs, drawings and specifications. The Contractor guarantees for a period of at least one (1) year from the date of substantial completion of the work that the completed work is free from all defects due to faulty materials, equipment or workmanship and that he ' shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs of any damage to other parts of the system resulting from such defects. The City shall promptly give notice to the Contractor of observed defects. In the event that the Contractor fails to make adjustments, repairs, corrections ' or other work made necessary by such defects, the City may do so and charge the Contractor the cost incurred. The performance bond shall remain in full force and effect through the guarantee period. ' The Contractor's obligations under this clause are in addition to the Contractor's other express or implied assurances under this Contract or state law and in no way ' diminish any other rights that the City may have against the Contractor for faulty materials, equipment or work. CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT B-15 Section 20. Assignment. 1 No assignment by the Contractor of this Contract or any part hereof, or of funds to be received hereunder, will be recognized by the City unless such assignment has had prior written approval and consent of the City and the surety. Section 21. Attorneys' Fees. ' If any action at law or in equity is necessary to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorneys' fees, costs ' and necessary disbursements in addition to any other relief to which it may be entitled. ' If any action is brought against the Contractor or any subcontractor to enforce a Stop Notice or Notice to Withhold, which names the City as a party to said action, the City ' shall be entitled to reasonable attorneys' fees, costs and necessary disbursements arising out of the defense of such action by the City. The City shall be entitled to deduct i its costs for any Stop Notice filed, whether court action is involved or not. Section 22. Resolution of Disputes. ' The City and the Contractor shall comply with the revisions of California Public Contracts Code Section 20104, et seg., regarding resolution of construction claims for ' any claims which arise between the Contractor and the City. ' Section 23. Notices. Any notice required or permitted under this Contract may be given by ordinary mail at the address set forth below. Any party whose address changes shall notify the other party in writing. ' To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Director of Public Works CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT B-16 1 To Contractor: Contact Company Name ' Address City, State, Zip 1 1 ' CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT B-17 1 1 1 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract as of the date first hereinabove written. 1 1 CITY OF SAN JUAN CAPISTRANO 1 By. 1 CONTRACTOR 1 By: 1 1 ATTEST: By: Margaret R. Monahan, City Clerk 1 1 APPROVED AS TO FORM: 1 By. John R. Shaw, City Attorney 1 1 1 1 CITY OF SAN JUAN CAPISTRANO AGREEMENT RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT B-18 1 1 WORKER'S COMPENSATION CERTIFICATE (AS REQUIRED BY SECTION 1861 OF THE CALIFORNIA LABOR CODE) 1 ' I am aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions of said Code, and I will comply with such provisions before commencing the performance of the Work of this Contract. Contractor BY Title 1 FORM U- Q WORKER'S COMPENSATION CERTIFICATE 15U' Aug 200Wmmp � 11 AGREEMENT AND BONDS- PAGE 3 ' PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, ' That as Contractor, And as Surety, ' are held firmly bound unto the City of San Juan Capistrano, a legal entity, organized and existing in the County of Orange, California, hereinafter called the"Owner," in the sum of: dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, ' executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. ' WHEREAS said Contractor has been awarded and is about to enter into the annexed Agreement with said Owner to perform the Work as specified or indicated in the Contract Documents entitled: ' RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT NOW THEREFORE, if said Contractor shall perform all the requirements of said Contract Documents required to be performed on its part, at the times and in the manner specified herein, then this obligation shall be null and void, otherwise it shall remain in full force and effect. ' PROVIDED,that any alterations in the Work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in anyway release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents, ' release either said Contractor or said Surety,and notice of such alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED AND SEALED,this day of 20 Contractor Surety By By ' Title Title (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) FORM U610 PERFORMANCE BOND ' Nov 0bontl.wpd 200AGREEMENT AND BONDS- PAGE 4 PAYMENT BOND ' ) KNOW ALL MEN BY THESE PRESENTS, That as Surety, are held firmly bound unto the City of San Juan Capistrano,a legal entity,organized and existing in the County ' of Orange. State of California, hereinafter called the"Owner," in the sum of: dollars, ' for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. WHEREAS,said Contractor has been awarded and is about to enter into the annexed agreement with said ' Owner to perform the Work as specified or indicated in the Contract Documents entitled: RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT ' NOW THEREFORE, if said Contractor, its subcontractors, its heirs, executors, administrators, successors, or assigns shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for, or about the performance of the Work contracted to be done, or for any work or labor thereon of ' any kind, or for amounts due under the Unemployment Insurance Code, or for any amounts required to be deducted,withheld,and paid overtothe Employment Development Departmentfrom thewages ofemployees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such labor, all as required by the provisions of Title XV, Chapter 7, Sections 3247-3252, inclusive, ' of the Civil Code of the State of California and acts amendatory thereof, and Sections of other Codes of the State of California referred totherein and acts amendatory thereof,and provided thatthe persons,companies, or corporations so furnishing said materials, provisions, equipment, or other supplies, appliances, or power used in, upon,for, or about performance of the Work contracted to be executed or performed, or any person, company, or corporation renting or hiring implements or machinery or power for, or contributing to, said work to be done, or any person who performs work or labor upon the same, or any person who supplies both work and materials therefor,shall have complied with the provisions of said laws,then said surety will pay the same ' in an amount not exceeding the sum hereinbefore set forth, and also will pay, in case suit is brought upon this bond, a reasonable attorney's fee as shall be fixed by the Court. This Band shall inure to the benefit of any and all persons named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. PROVIDED,that any alterations in the Work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any ' way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents release either said Contractor or said Surety, and notice of said alterations or extensions of the Agreement is hereby waived by said Surety. ' SIGNED AND SEALED,this day of 20 Contractor (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) By Title ' Surety By Title FORM U620 PAYMENT BOND 07UE20bond.wpd Nov 2001 AGREEMENT AND BONDS -PAGE 5 ' CERTIFICATE OF INSURANCE THIS CERTIFICATE ISSUED TO THE OWNERIAGENTS LISTED BELOW DESIGNATED BY THE CONTRACT WITH THE INSURED NAME AND ADORES$OF INSURED INSURANCE COMPANIES AFFORDING COVERAGE COMPANY A B C ' TYPE OF WORK PERFORMED AND LOCATION D �rPOLICY LIMITS OF LIABILITY IN THOUSANDS x1000 TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE EACH OCCURRENCE AGGREGATE ' COMPREHENSIVE GENERAL LIABILITY Including'. BODILY INJURY a $ ❑ EXPLOSION AND COLLAPSE PROPERTY DAMAGE 11 UNDERGROUND DAMAGE Q, a a ❑ PRODUCTS/COMPLETED OPERATIONS ❑ CONTRACTUPIINSURANCE ' ❑ BROAD FORM PROPERTY DAMAGE BOO LY INJURY AND PROPERTY ❑ DAMAGE COMBINED $ $INDEPENDENT COMRACTORS ❑ PERSONA-INJURY PERSONALINJURY $ ' COMPREHENSIVE AUTOMOBILE BODILY INJURY LIABILITY EACH PERSON $ Including: ❑ ONMED EACHACCIDENT $ ❑ HIRED PROPERTY DAMAGE $ ' ` ❑ NON OWNED nr / ❑ MOTOR CARRIER ACT BODILY INJURY ANDPROPERTY DAMAGECOMBINED $ ' EXCESS LIABILITY BODILY INJURY Including: ANDPROPERTY DPMADE COMBINED ❑ EMPLOYER'S LIABILITY It WORKER'S COMPENSATION STATUTORY and EMPLOYER'S LIABILITY Including' EL $ (EACHACCIDENT) ❑ H RBOF WORKERS PND ' OTHER ADDITIONAL INSURED ENDORSEMENT--CITY OF SAN JUAN CAPISTRANO The undersigned cerlriles that he or she is the representative of the above-named insurance companies,that he or she has the authority to execute and issue this certificate to CertMcate Holder, and accordingly,does hereby certify on behalf of said insurance Companies Nat policies of insurance listed above have been issued to the insured named above and are in force at this time. ' Notwithstanding any requirement,(am,or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by Ne policies described herein is subject to at the terms,exclusions,and Conditions Of such policies. Copies of the policies shown will be furnished to the Certificate Holder upon request, This Certificate does Poi amend,extend,or alter the coverage afforded by the policies listed. ' Cancellation: Should any of the above described policies be cancelled before the expiration date thereof,the issuing company will mail 30 days written notice to the below-named certificate holder: ' NAME AND ADDRESS OF ADDITIONAL INSURED DATE ISSUED BY ' wmaxzeoaeueexr�mma xeucwcecweueee eeraweccwewce FORM U- 50 CERTIFICATE OF INSURANCE NOY200s .wpd 1 AGREEMENT AND BONDS- PAGE 6 ' POLICY NUMBER: BUSINESS AUTO ' THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ' This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM ' It is agreed that the "Who Is An Insured" provision is amended to include as an insured the person or organization designated below as an additional insured, subject to the following provisions: (1) This insurance applies only with respect to any Liability arising out of the ' operation of covered autos on the additional insureds premises described below, (2). The Named Insured is authorized to act for such additional insured in all matters pertaining to this insurance, including receipt of notice of cancellation; (3). Return premium, if any, shall be paid to the Named Insured; (4). Nothing contained herein shall affect any right of recovery as a claimant which the additional Insured would have if not designated as such. CITY OF SAN JUAN CAPISTRANO ' Margaret R. Monahan, CMC City Clerk 1 1 1 1 FORM UE51 INSURANCE ENDORSEMENT-AUTO x19Nov 2001 nSBNo.wpa AGREEMENT AND BONDS - PAGE 7 1 1 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY ' THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS [Form B] This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF SAN JUAN CAPISTRANO Margaret R. Monahan, CMC City Clerk (If no entry appears above, information required to complete this endorsement will be ' shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. FORM U452 INSURANCE ENDORSEMENT-LIABILITY Nov 2001 in°ue zwaa AGREEMENT AND BONDS- PAGE 8 1 M 1 � M CITY OF SAN JUAN CAPISTRANO PART II - CONDITIONS OF THE CONTRACT General Conditions of the Contract Supplementary General Conditions C51 FORMAT-A CONDITIONS OF THE CONTRACT Nov wGE 2001 GENERAL CONDITIONS - CONTENTS ' GENERAL CONDITIONS OF THE CONTRACT l TABLE OF CONTENTS Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1.01 Defined Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1.02 Terminology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ' ARTICLE 2 - PRELIMINARY MATTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2.01 Delivery of Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2.02 Copies of Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 1 2.03 Commencement of Contract Times; Notice to Proceed . . . . . . . . . . . . . . . . . . . . . . . . . 9 2.04 Starting the Work . . . . . . . . . . . . . . . . . . . . . . . . . 9 2.05 Before Starting Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2.06 Preconstruction Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 1 2.07 Initial Acceptance of Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 3 -CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE . . . . . . . . . . . . . . . . . . . . . . . 10 3.01 Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3.02 Reference Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 3.03 Reporting and Resolving Discrepancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 3.04 Amending and Supplementing Contract Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 3.05 Reuse of Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 � ) 4.01 Availability of Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4.02 Subsurface and Physical Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4.03 Differing Subsurface or Physical Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4.04 Underground Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 4.05 Reference Points . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 4.06 Hazardous Environmental Condition at Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 ART-161=E 5 BE)N Snnen INS RnNGE -16 . . . . . . . . . . . . . . . . . . . . . . . . . 5.61 Lieemsed c n..__ __ . . . . . . . . . . . . . . . .. . -+s 5.02 Geta nates of lnsaronee�. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -96 -'I-7 5.05 PtW&Fty'It15t1fflMCe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -17 5.06 Klaiv&:of Rig . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 5.07 Receipt and AppfieStion of ins -e- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -49 5.88 Acceptance of Bands tind instimnee, Option to Replace . . . . . . . . . . . . . . . . . . . . . . . . -+9 . . . . . . . . . . . . . . . . . -19 ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6.01 Supervision and Superintendence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6.02 Labor,' Working Hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 6.03 Services, Materials, and Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 6.04 Progress Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 ' 6.05 Substitutes and"Or-Equals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 6.06 Concerning Subcontractors, Suppliers, and Others . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 6.07 Patent Fees and Royalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 22wm00cC CONDITIONS OF THE CONTRACT Jan 05 GENERAL CONDITIONS - PAGE 1 ' 6.08 Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 6.09 Laws and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 I 6.10 Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 6.11 Use of Site and Other Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 6.12 Record Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 6.13 Safety and Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 6.14 Safety Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 6.15 Hazard Communication Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 6.16 Emergencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 ' 6.17 Shop Drawings and Samples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 6.18 Continuing the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 6.19 CONTRACTOR's General Warranty and Guarantee . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 1 ARTICLE 7 - OTHER WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 7.01 Related Work at Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 7.02 Coordination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 ARTICLE 8-OWNER'S RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 8.01 Communications to CONTRACTOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 1 8.02 Replacement of ENGINEER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 8.03 Furnish Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 8.04 Pay Promptly When Due . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 8.05 Lands and Easements; Reports and Tests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 8.06 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 8.07 Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 8.08 Inspections, Tests, and Approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 8.09 Limitations on OWNER's Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 8.10 Undisclosed Hazardous Environmental Condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 8.11 Evidence of Financial Arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 9.01 OWNER'S Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 9.02 Visits to Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 9.03 Project Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 9.04 Clarifications and Interpretations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 9.05 Authorized Variations in Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 9.06 Rejecting Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 1 9.07 Shop Drawings, Change Orders and Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 9.08 Determinations for Unit Price Work . 30 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work . . . . . . . . . . . . . . . . . . . . . 30 9.10 Limitations on ENGINEER's Authority and Responsibilities . . . . . . . . . . . . . . . . . . . . . . 30 RTIC r 10 n 'nt.n nro IN Tl r to lE)n i n ern i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.07 McFeases of Mom Thati 25 ___iatiafls on _ _ _ __ . . . . . . . . . . . . . . . . . . . . nit X08 Vrie ries of ll.lom Them 25 n ..t I I . . .G ..t t . . . . . . . . . . . . . . . . . . . . -1049 Eliminated Hems on Unit Ptlee Gentracts . . 33 ' 22A-0700GC CONDITIONS OF THE CONTRACT Jan 03 GENERAL CONDITIONS- PAGE 2 1 ARTICLE 11 -COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK . . . . . . . . . . . . . . 33 11.01 Cost of the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 I � 11.02 Cash Allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 11.03 Unit Price Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 11.04 Cost of Work Based on Time, Materials, and Equipment and CONTRACTOR'S Overhead and Profit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 11.05 Special Services . . . . . . . . . . . . . . . . . . . . 38 11.06 CONTRACTOR'S Overhead and Profit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 ARTICLE 12 -CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES . . . . . . . . . . . . . . 3912.01 GhangeofGemftaetPFke 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X 12.02 Change of Contract Times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 13.01 Notice of Defects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 13.02 Access to Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 13.03 Tests and Inspections . . . . 40 13.04 Uncovering Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 13.05 OWNER May Stop the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 13.06 Correction or Removal of Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 13.07 Correction Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 13.08 Acceptance of Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 ' 13.09 OWNER May Correct Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 P9TIn r w PAYMENTS YME Tn TP) GO Tn n nTOR n IlMP ETleN . . . . . . . . . . . . . . . . . . . . . . . . . . -4-3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . � 03 GEWFIRA ty / ' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -45 1 14.05 BFti. l 1 uk__c_ . . . . . . . . . . . . . . . . . . . . . . . . . . . . -46 14,07 Fine! Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -46 14.08 Gonmietion . . . I . . . . . . . . . . . . . . . -4-7 ' X1 .009 a,_-_`3laims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -47 ART-16LE15 n nnrr.\VIl7t WE)R i n u P nT r)n aZ.VJr LI sir ARTICLE 16 MISVLLLT NEGUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -4-7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 6.03 tiunlmati" Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . -48 .getions . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . -48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -48 ARTICLE 17 -CALIFORNIA LEGAL REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -48 17.02 Al mefs Gampensatiam . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -45 fj.�..� '1tall/ /IVIJ Vf VVV 49 1 22 -0700cc CONDITIONS OF THE CONTRACT Jan 03 GENERAL CONDITIONS - PAGE 3 r r17.06 Notice of Completion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 17.07 Unpaid Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 17.08 Concrete Forms, Falsework, and Shoring . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 -49 17.10 Public Works Contracts;Assignment to Awarding Body . . . . . . . . . . . . . . . . . . . . . . . . 50 inspection; Hen compliamee f . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -5A 17.12 Cultural Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 17.13 Protection of Workers in Trench Excavations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Flay.17.14 Tmvt;and Subsistence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . -54 17.15 Removal; Relocation; or Protection of Existing Utilities . . . . . . . . . . . . . . . . . . . . . . . . . 52 17.16 Contracts for Digging Trenches or Excavations; Notice of Discovery of Hazardous Waste or Other Unusual Conditions; Investigations; Change Orders; Effect on Contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 r r 1 , r r r r r r r 22A-0700cC CONDITIONS OF THE CONTRACT J..03 GENERAL CONDITIONS - PAGE 4 r ' GENERAL CONDITIONS OF THE CONTRACT to receipt of Bids). ARTICLE 1 -DEFINITIONS AND TERMINOLOGY 8. Bidding Requirements--The Notice Inviting Bids, Instructions to Bidders, Bid security form, if any, and the Bid form with any supplements. 1.01 Defined Terms 9. Bonds--Performance and payment bonds A. Wherever used in the Contract Documents and other instruments of security. and printed with initial or all capital letters, the terms listed below will have the meanings 10. Capistrano Valley Water District— A legal indicated which are applicable to both the singular entity and plural thereof. Grsmge, State of Galifernia, and whieh is saigietirres -L ed to in the ^--•-- 1. Addenda--Written or graphic instruments Beetirmemits as the GVAG, the Distr-` or - issued priorto the opening of Bids which clarify, AWNER which is now dissolved and correct,orchange the Bidding Requirements or succeeded in all interests by the City of San the Contract Documents. Juan Capistrano. I 2. Agreenvent er Construction Contract—The 11. Change Order--A document recommended written instrument which is evidence of the by ENGINEER which is signed by agreement between OWNER and CONTRACTOR and OWNER and authorizes CONTRACTOR covering the Work. an addition, deletion, or revision in the Work or ' an adjustment in the Contract Price or the 3. Application for Payment--The form Contract Times, issued on or after the Effective acceptable to ENGINEER which is to be used Date of the Agreement. by CONTRACTOR during the course of the Work in requesting progress or final payments 12. City — The City San Juan Capistrano, a and which is to be accompanied by such sup- general law city organized and existing in the porting documentation as is required by the County of Orange, State of California, ' Contract Documents. sometimes referred to in the Contract Documents as the City or the OWNER. 4. Asbestos--Any material that contains more than one percent asbestos and is friable or is 13. Completion— Completion of the Work releasing asbestos fibers into the air above shall be the date of acceptance of the Work by current action levels established by the United the OWNER as provided under California Civil States Occupational Safety and Health Code Section 3086. ' Administration. 14. Consultant — The engineer architect- 5. Beneficial Use or Occupancy— Placing all engineer firm and their designated or any portion of the Work in service for the representatives acting under contract to the purpose for which it is intended (or a related OWNER, acting on behalf of the OWNER as purpose) before reaching completion of all of theirauthorized representative within the scope the Work. of authority defined in their contract with the OWNER. I 6. Bid--The offer or proposal of a bidder submitted on the prescribed form setting forth 15. Contract--The entire and integrated written the prices for the Work to be performed. agreement between the OWNER and CONTRACTOR concerning the Work. The 7. Bidding Documents--The Bidding Contract supersedes prior negotiations. Requirements and the proposed Contract representations, or agreements, whether Documents (including all Addenda issued prior written or oral. i16. Contract Documents—Unless otherwise defined in the Agreement or Supplementary Conditions, the Contract Documents establish ' 1 22A- 700cc CONDITIONS OF THE CONTRACT Jan 03 GENERAL CONDITIONS - PAGE 5 the rights and obligations of the parties and include District sarmetirnes referred to as the the Notice Inviting Bids, Instructions to Bidders, B strFet, or the ^...__r which has now been the prevailing rates of wages as determined by dissolved and succeeded in all interests by the the Director of the California Department of City of San Juan Capistrano. Industrial Relations, the accepted Bid and Bid Schedule,List of Subcontractors,Non-collusion 23. Distriet Public Works Department Affidavit, Bidder's General Information Engineer-The Distriet Engineer of the City of statement, Bid Security or Bid Bond, the San Juan Capistrano Public Works Department Agreement or Construction Contract,Worker's Gapistrama Valley Water Distfie, or his or her Compensation Certificate, Performance Bond, designated representative,and who is referred Payment Bond, Insurance Certificates, Notice to in the Contract Documents as the of Award, Notice to Proceed, Notice of ENGINEER. Completion, General Conditions of the Construction Contract,Supplementary General 24. Drawings--That part of the Contract Conditions, Technical Specifications, and Documents prepared or approved by Drawings and all Addenda issued prior to bid ENGINEER which graphically showsthescope, opening,together with all written amendments, extent, and character of the Work to be I Change Orders and Work Change Directives, performed by CONTRACTOR. Shop Field Orders, and ENGINEER's written Drawings and other CONTRACTOR submittals interpretations and clarifications issued on or are not Drawings as so defined. after the Effective Date of the Agreement. Approved Shop Drawings and the reports and 25. Effective Date of the Agreement--The date drawings of subsurface and physical conditions indicated in the Agreement on which it are not Contract Documents. Only printed or becomes effective, but if no such date is hard copies of the items listed in this paragraph indicated, it means the date on which the are Contract Documents. Files in electronic Agreement is signed and delivered by the last media format of text, data, graphics, and the of the two parties to sign and deliver. like that may be furnished by OWNER to CONTRACTOR are not Contract Documents. 26. ENGINEER-The Bistriet Engineer of the City of San Juan Capistrano Public Works 17. Contract Price--The moneys payable by Department Gapistrane Valley Water Distrie , OWNER to CONTRACTOR for completion of or his or her designated representative. the Work in accordance with the Contract Documents as stated in the Agreement 27. Design Engineer --An individual or entity (subject to the provisions of paragraph 11.03 in having a contract with ENGINEER to furnish the case of Unit Price Work). services as ENGINEER's independent profes- sional associate or consultant with respect to 18. Contract Unit Price(s)-The price or prices the Project. and who "- quoted by the Bidder for performing and Supplementary Ganditions. furnishing each item of the Work to be paid for on the basis of unit prices. 28. Field Order--A written order issued by ENGINEER which requires minor changes in 19. Contract Times--The number of days or the the Work but which does not involve a change ' dates stated in the Contract Documents to: (i) in the Contract Price or the Contract Times. achieve Substantial Completion; and (ii) com- plete the Work so that it is ready for final 29. General Requirements--Sections of payment as evidenced by ENGINEER's written Division 1 of the Technical Specifications. The ' recommendation of final payment. General Requirements pertain to all sections of the Specifications. 20. CONTRACTOR--The individua I or entity 1 with whom OWNER has entered into the 30. Hazardous Environmental Condition--The Agreement. presence at the Site of Asbestos, PCBs, Petro- leum, Hazardous Waste, or Radioactive 21. Cost of the Work--See paragraph 11.01.A Material in such quantities or circumstances for definition. that may present a substantial danger to persons or property exposed thereto in 22. District-The Capistrano Valley Water connection with the Work. 22A-07MGC CONDITIONS OF THE CONTRACT Jan 03 GENERAL CONDITIONS - PAGE 6 ' 31. Hazardous Waste--The term Hazardous 41. Project--The total construction of which the Waste shall have the meaning provided in Work to be performed under the Contract Section 1004 of the Solid Waste Disposal Act Documents may be the whole,or a part as may , ) (42 USC Section 6903)as amended from time be indicated elsewhere in the Contract to time. Documents. ' 32. Laws and Regulations; Laws or Regulat- 42. Radioactive Material--Source, special ions--Any and all applicable laws, rules, nuclear,or byproduct material asdeflnedbythe regulations, ordinances, codes, and orders of Atomic Energy Act of 1954 (42 USC Section any and all governmental bodies, agencies, 2011 et seq.) as amended from time to time. ' authorities, and courts having jurisdiction. 43. Resident Project Representative (RPR) or 33. Liens or Stop Notices -- Charges or Project Representative--The authorized encumbrances upon Project funds pursuant to representative of ENGINEER who may be California Civil Code Section 3179 et seq.. assigned to the Site or any part thereof. Said Project Representative shall be the only person 34. Milestone--A principal event specified in the through whom all liaison between the Contract Documents relating to an intermediate Contractor and the Owner shall be directed. completion date or time prior to Substantial Completion of all the Work. 44. Samples--Physical examples of materials, equipment, or workmanship that are I 35. Notice of Award--The written notice by representative of some portion of the Work and OWNER to the apparent successful bidder which establish the standards by which such stating that upon timely compliance by the portion of the Work will be judged. apparent successful bidder with the conditions ' precedent listed therein, OWNER will sign and 45. Shop Drawings--All drawings, diagrams, deliver the Agreement. illustrations, schedules, and other data or information which are specifically prepared or 36. Notice to Proceed--A written notice given assembled by or for CONTRACTOR and by OWNER to CONTRACTOR fixing the date submitted by CONTRACTOR to illustrate some on which the Contract Times will commence to portion of the Work. run and on which CONTRACTOR shall start to ' perform the Work under the Contract 46. Site--Lands or areas indicated in the Documents. Contract Documents as being furnished by OWNER upon which the Work is to be 37. OWNER--The individual, entity, public performed, including rights-of-way and body, or authority with whom CONTRACTOR easements for access thereto, and such other has entered into the Agreement and for whom lands furnished by OWNER which are desig- the Work is to be performed. nated for the use of CONTRACTOR. 38. Partial Utilization--Use by OWNER of a 47. Specifications--That part of the Contract substantially completed part of the Work for the Documents consisting of Part I Notice Inviting purpose for which it is intended (or a related Bids, Instructions to Bidders Bid forms, purpose) prior to Substantial Completion of all Agreement, Bonds, and certificates, Part II the Work. General and Supplementary Conditions of the Contract, and Part III Technical Specifications 39. PCBs--Polychlorinated biphenyls. consisting of written technical descriptions of ' systems, standards, and workmanship as 40. Petroleum--Petroleum, including crude oil applied to the Work and certain administrative or any fraction thereof which is liquid at stan- details applicable thereto. dard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per 48. Subcontractor--An individual or entity square inch absolute), such as oil, petroleum, having a direct contractwith CONTRACTOR or fuel oil, oil sludge, oil refuse, gasoline, with any other Subcontractor for the I kerosene, and oil mixed with other performance of a part of the Work at the Site. non-Hazardous Waste and crude oils. 49. Substantial Completion--The time atwhich 1 22A 7WGC CONDITIONS OF THE CONTRACT Jan 03 GENERAL CONDITIONS - PAGE 7 ' the Work (or a specified part thereof) has A Work Change Directive will not change the progressed to the point where, in the opinion of Contract Price or the Contract Times but is ENGINEER, the Work (or a specified part evidence that the parties expect that the � ) thereof) is sufficiently complete, in accordance change ordered or documented by a Work with the Contract Documents, so that the Work Change Directive will be incorporated in a (or a specified part thereof) can be utilized for subsequently issued Change Order following i the purposes for which it is intended. The negotiations by the parties as to its effect, if terms "substantially complete" and any, on the Contract Price or Contract Times. "substantially completed" as applied to all or part of the Work refer to Substantial 56. Written Amendment--A written statement Completion thereof. modifying the Contract Documents, signed by OWNER and CONTRACTOR on or after the 50. Supplementary General Conditions--That Effective Date of the Agreement and normally part of the Contract Documents which amends dealing with the non-engineering or or supplements these General Conditions of nontechnical rather than strictly the Construction Contract.. construction-related aspects of the Contract Documents. 51. Supplier--A manufacturer, fabricator, supplier, distributor, materialman, or vendor 1.02 Terminology having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or A. Intent of Certain Terms or Adjectives equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 1. Whenever in the Contract Documents the terms"as allowed,""as approved,"or terms 52. Underground Facilities--All underground of like effect or import are used, or the pipelines, conduits, ducts, cables, wires, adjectives "reasonable," "suitable," manholes, vaults, tanks,tunnels, or other such "acceptable," "proper," "satisfactory," or facilities or attachments,and any encasements adjectives of like effect or import are used to containing such facilities, including those that describe an action or determination of convey electricity, gases, steam, liquid ENGINEER as to the Work, it is intended that petroleum products, telephone or other such action or determination will be solely to communications, cable television, water, evaluate, in general, the completed Work for ' wastewater, storm water, other liquids or compliance with the requirements of and chemicals, or traffic or other control systems. information in the Contract Documents and conformance with the design concept of the 53. Unit Price Work--Work to be paid for on the completed Project as a functioning whole as basis of unit prices. shown or indicated in the Contract Documents (unless there is a specific statement indicating 54. Work--The entire completed construction or otherwise). The use of any such term or ' the various separately identifiable parts thereof adjective shall not be effective to assign to required to be provided under the Contract ENGINEER any duty or authority to supervise Documents. Work includes and is the result of or direct the performance of the Work or any performing or providing all labor, services, and duty or authority to undertake responsibility documentation necessary to produce such contrary to the provisions of paragraph 9.10 or construction, and furnishing, installing, and any other provision of the Contract Documents. incorporating all materials and equipment into ' such construction, all as required by the B. Day Contract Documents. 1. The word "day" shall constitute a 55. Work Change Directive--A written calendar day of 24 hours measured from statement to CONTRACTOR issued on or after midnight to the next midnight. the Effective Date of the Ag reement and signed by OWNER and recommended by ENGINEER C. Defective ordering an addition, deletion, or revision in the ' Work, or responding to differing or unforeseen 1. The word "defective," when modifying subsurface or physical conditions under which the word "Work," refers to Work that is the Work is to be performed or to emergencies. unsatisfactory,faulty, or deficient in that it does I 22no700cc CONDITIONS OF THE CONTRACT Jan 03 GENERAL CONDITIONS - PAGE 8 ' not conform to the Contract Documents or CONTRACTOR may be required to furnish. does not meet the requirements of any ' l inspection, reference standard, test, or 2.02 Copies of Documents approval referred to in the Contract Docu- ments, or has been damaged prior to A. OWNER shall furnish to CONTRACTOR up ENGINEER's recommendation of final payment to ten copies of the Contract Documents. (unless responsibility for the protection thereof Additional copies will be furnished upon request at has been assumed by OWNER at Substantial the cost of reproduction. Completion in accordance with the Construction Contract. paragraph 14.04 or 2.03 Commencement of Contract Times;Notice 14.05). to Proceed D. Furnish, Install, Perform, Provide A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the 1. The word "furnish," when used in Agreement or, if a Notice to Proceed is given, on connection with services, materials, or the day indicated in the Notice to Proceed. A equipment, shall mean to supply and deliver Notice to Proceed may be given at any time within ' said services, materials, or equipment to the 30 days after the Effective Date of the Agreement. Site(or some other specified location)ready for In no event will the Contract Times commence to use or installation and in usable or operable run later than the sixtieth day after the day of Bid condition. opening or the thirtieth day after the Effective Date 1of the Agreement, whichever date is earlier. 2. The word "install," when used in connection with services, materials, or 2.04 Starting the Work ' equipment, shall mean to put into use or place in final position said services, materials, or A. CONTRACTOR shall start to perform the equipment complete and ready for intended Work on the date when the Contract Times com- use. mence to run. No Work shall be done at the Site prior to the date on which the Contract Times com- .) 3. The words"perform"or"provide,"when mence to run. used in connection with services, materials, or equipment, shall mean to furnish and install 2.05 Before Starting Construction said services, materials, or equipment complete and ready for intended use. A. CONTRACTOR's Review of Contract Documents: Before undertaking each part of the 4. When "furnish," "install," "perform," or Work, CONTRACTOR shall carefully study and ' "provide' is not used in connection with compare the Contract Documents and check and services, materials, or equipment in a context verify pertinent figures therein and all applicable clearly requiring an obligation of field measurements. CONTRACTOR shall ' CONTRACTOR, "provide" is implied. promptly report in writing to ENGINEER any conflict, error, ambiguity, or discrepancy which E. Unless stated otherwise in the Contract CONTRACTOR may discover and shall obtain a Documents, words or phrases which have a well- written interpretation or clarification from ' known technical or construction industry or trade ENGINEER before proceeding with any Work meaning are used in the Contract Documents in affected thereby; however, CONTRACTOR shall accordance with such recognized meaning. not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity, or ' discrepancy in the Contract Documents unless ARTICLE 2 - PRELIMINARY MATTERS CONTRACTOR knew or reasonably should have known thereof. 1 B. Preliminary Schedules: Within ten days 2.01 Delivery of Bonds after the Effective Date of the Agreement(unless otherwise specified in the General Requirements), ' A. When CONTRACTOR delivers the execut- CONTRACTOR shall submit to ENGINEER for its ed Agreements to OWNER, CONTRACTOR shall timely review: also deliver to OWNER such Bonds as 1 CONDITIONS OF THE CONTRACT 22A-0700GC Jen 03GENERAL CONDITIONS - PAGE 9 ' 1. a preliminary progress schedule to complete and resubmit the schedules. No indicating thetimes (numbers of daysordates) progress payment shall be .made to for starting and completing the various stages CONTRACTOR until acceptable schedules are of the Work, including any Milestones specified submitted to ENGINEER. in the Contract Documents; 1. The progress schedule will be accept- 2. a preliminary schedule of Shop able to ENGINEER if it provides an orderly Drawing and Sample submittals which will list progression of the Work to completion within each required submittal and the times for sub- any specified Milestones and the Contract mitting, reviewing, and processing such Times. Such acceptance will not impose on ' submittal; and ENGINEER responsibility for the progress schedule, for sequencing, scheduling, or 3. a preliminary schedule of values for all progress of the Work nor interfere with or of the Work which includes quantities and relieve CONTRACTOR from CONTRACTOR's prices of items which when added together full responsibility therefor. equal the Contract Price and subdivides the Work into component parts in sufficient detail 2. CONTRACTOR's schedule of Shop ' to serve as the basis for progress payments Drawing and Sample submittals will be during performance of the Work. Such prices acceptable to ENGINEER if it provides a will include an appropriate amount of overhead workable arrangement for reviewing and and profit applicable to each item of Work. processing the required submittals. ' C. Evidence of Insurance: Before any Work at 3. CONTRACTOR's schedule of values the Site is started, CONTRACTOR and OWNER will be acceptable to ENGINEER as to form shall each deliver to the other,with copies to each and substance if it provides a reasonable ' additional insured identified in the Supplementary allocation of the Contract Price to component Conditions, certificates of insurance (and other parts of the Work. evidence of insurance which either of them or any additional insured may reasonably request)which ARTICLE 3 - CONTRACT DOCUMENTS: CONTRACTOR and OWNER respectively are INTENT, AMENDING, REUSE required to purchase and maintain in accordance with Article 5. ' 3.01 Intent 2.06 Preconstruction Conference A. The Contract Documents are comple- A. Within 20 days after the Contract Times mentary;what is called for by one is as binding as start to run, but before any Work at the Site is if called for by all. started,a conference attended by CONTRACTOR, ENGINEER, and others as appropriatewill be held B. It is the intent of the Contract Documents to ' to establish a working understanding among the describe a functionally complete Project (or part parties as to the Work and to discuss the thereof) to be constructed in accordance with the schedules referred to in paragraph 2.05.B, proce- Contract Documents. Any labor, documentation, dures for handling Shop Drawings and other services, materials, or equipment that may submittals, processing Applications for Payment, reasonably be inferred from the Contract Docu- and maintaining required records. ments or from prevailing custom or trade usage as being required to produce the intended result will 2.07 Initial Acceptance of Schedules be provided whether or not specifically called for at ' A. Unless otherwise provided in the Contract no additional cost to OWNER. Documents, at leastten days before submission of C. Clarifications and interpretations of the the first Application for Payment a conference Contract Documents shall be issued by attended by CONTRACTOR, ENGINEER, and ENGINEER as provided in Article 9. others as appropriate will be held to review for acceptability to ENGINEER as provided below the D. The work to be performed under this 1 schedules submitted in accordancewith paragraph Contract shall consist of furnishing all plant, tools, 2.05.B. CONTRACTOR shall have an additional equipment, materials, and manufactured articles ten days to make corrections and adjustments and and for furnishing all transportation services, and ' 22A-0700GC CONDITIONS OF THE CONTRACT Jan 03 GENERAL CONDITIONS - PAGE 10 ' all fuel, power, water, and essential A. Reporting Discrepancies communications, and for the performance of all labor, work, or other operations required for the 1. If,during the performance of the Work, ' ) fulfillment of the Contract in strict accordance with CONTRACTOR discovers any conflict, error, the Specifications, Drawings„ Schedules, and ambiguity, or discrepancy within the Contract other Contract Documents as defined in the Documents or between the Contract Docu- Contract, all of which are made a part hereof and ments and any provision of any Law or including such detail sketches as maybe furnished Regulation applicable to the performance of the by the Engineer from time to time during Work or of any standard,specification, manual construction in explanation of said Drawings or or code, or of any instruction of any Supplier, other Contract Documents. CONTRACTOR shall report it to ENGINEER in writing at once. CONTRACTOR shall not E The Work shall be complete and operable, proceed with the Work affected thereby(except and all work, materials, and services not expressly in an emergency as required by paragraph called for or shown in the Contract Documents 6.16.A) until an amendment or supplement to which may be necessary for the complete and the Contract Documents has been issued by proper construction of the Work in good faith shall one of the methods indicated in paragraph be performed, furnished, and installed by the 3.04; provided, however, that CONTRACTOR Contractor as though originally so specified or shall not be liable to OWNER or ENGINEER shown, at no additional cost to the Owner. for failure to report any such conflict, error, ambiguity, or discrepancy unless ' CONTRACTOR knew or reasonably should 3.02 Reference Standards have known thereof. ' A. Standards, Specifications, Codes, Laws, B. Resolving Discrepancies and Regulations 1. Except as maybe otherwise specifically 1. Reference to standards.specifications, stated in the Contract Documents, the provi- manuals, or codes of any technical society, sions of the Contract Documents shall take organization, or association, or to Laws or precedence in resolving any conflict, error, Regulations, whether such reference be ambiguity, or discrepancy between the specific or by implication, shall mean the stan- provisions of the Contract Documents and: ' dard, specification, manual, code, or Laws or Regulations in effect at the time of opening of a. the provisions of any standard, Bids(or on the Effective Date of the Agreement specification, manual, code, or instruction if there were no Bids), except as may be (whether or not specifically incorporated by ' otherwise specifically stated in the Contract reference in the Contract Documents); or Documents. b. the provisions of any Laws or ' 2. No provision of any such standard, Regulations applicable to the performance specification, manual or code, or any of the Work (unless such an interpretation instruction of a Supplier shall be effective to of the provisions of the Contract change the duties or responsibilities of Documents would result in violation of such OWNER, CONTRACTOR, or ENGINEER, or Law or Regulation). any of their subcontractors, consultants, agents, or employees from those set forth in 3.04 Amending and Supplementing Contract the Contract Documents, nor shall any such Documents ' provision or instruction be effective to assign to OWNER, ENGINEER, or any of Design A. The Contract Documents maybe amended Engineers, agents, or employees any duty or to provide for additions, deletions, and revisions in ' authority to supervise or direct the performance the Work or to modify the terms and conditions of the Work or any duty or authority to thereof in one or more of the following ways: (i) a undertake responsibility inconsistent with the Written Amendment; (ii)a Change Order; or(iii) a provisions of the Contract Documents. Work Change Directive. 1 3.03 Reporting and Resolving Discrepancies B. The requirements of the Contract Documents may be supplemented, and minor CONDITIONS OF THE CONTRACT OOGC Jan 03 GENERAL CONDITIONS - PAGE 11 variations and deviations in the Work may be or construction lien against such lands in authorized, by one or more of the following ways: accordancewith applicable Lawsand Regulations. (i) a Field Order; (ii) ENGINEER's approval of a ' 1 Shop Drawing or Sample; or (iii) ENGINEER's C. CONTRACTOR shall provide for all written interpretation or clarification. additional lands and access thereto that may be required for temporary construction facilities or 3.05 Reuse of Documents storage of materials and equipment. A. CONTRACTOR and any Subcontractor or 4.02 Subsurface and Physical Conditions Supplier or other individual or entity performing or ' furnishing any of the Work under a direct or A. Reports and Drawings: The indirect contract with OWNER: (1)shall not have or Supplementary Conditions identify: acquire any title to or ownership rights in,any of the Drawings, Specifications, or other documents (or 1. those reports of explorations and tests copies of any thereof]) prepared by or bearing the of subsurface conditions at or contiguous to the seal of ENGINEER or Design Engineer, including Site that ENGINEER has used in preparing the electronic media editions; and (ii) shall not reuse Contract Documents; and ' any of such Drawings, Specifications, other documents, or copies thereof on extensions of the 2, those drawings of physical conditions Project orany other project without written consent in or relating to existing surface or subsurface of OWNER and ENGINEER and specific written structures at or contiguous to the Site (except ' verification or adaption by ENGINEER. This Underground Facilities) that ENGINEER has prohibition will survive final payment, completion, used in preparing the Contract Documents. and acceptance of the Work, or termination or ' completion of the Contract. Nothing herein shall B. Limited Reliance by CONTRACTOR on preclude CONTRACTOR from retaining copies of Technical Data Authorized: CONTRACTOR may the Contract Documents for record purposes rely upon the general accuracy of the "technical data" contained in such reports and drawings, but ARTICLE 4 ,AVAILABILITY OF LANDS; such reports and drawings are not Contract Docu- SUBSURFACE AND PHYSICAL CONDITIONS; ments. Such "technical data" is identified in the REFERENCE POINTS Supplementary Conditions. Except for such reli- ance on such "technical data," CONTRACTOR ' may not rely upon or make any Claim against 4.01 Availability of Lands OWNER, ENGINEER,or any of Design Engineers with respect to: A. OWNER shall furnish the Site. OWNER ' shall notify CONTRACTOR of any encumbrances 1. the completeness of such reports and or restrictions not of general application but drawings for CONTRACTOR's purposes, specifically related to use of the Site with which including, but not limited to, any aspects of the ' CONTRACTOR must comply in performing the means, methods, techniques, sequences, and Work. OWNER will obtain in a timely manner and procedures of construction to be employed by pay for easements for permanent structures or CONTRACTOR, and safety precautions and permanent changes in existing facilities. If programs incident thereto; or ' CONTRACTOR and OWNER are unable to agree on entitlement to or on the amount or extent, if 2. other data, interpretations, opinions, any, of any adjustment in the Contract Price or and information contained in such reports or Contract Times, or both, as a result of any delay in shown or indicated in such drawings; or OWNER's furnishing the Site, CONTRACTOR may make a Claim therefor as provided in the 3. any CONTRACTOR interpretation of or construction contract. Paragraph 10.95. conclusion drawn from any"technical data" or ' any such other data, interpretations, opinions, B. Upon reasonable written request,OWNER or information. shall furnish CONTRACTOR with a current statement of record legal title and legal description 4.03 Differing Subsurface or Physical Condi- of the lands upon which the Work is to be per- tions formed and OWNER's interest therein as necessary forgiving notice of or filing a mechanic's A. Notice: If CONTRACTOR believes that any 22A-070occ CONDITIONS OF THE CONTRACT Jan 03 GENERAL CONDITIONS - PAGE 12 ' subsurface or physical condition at or contiguous 2. CONTRACTOR shall not be entitled to to the Site that is uncovered or revealed either: any adjustment in the Contract Price or Contract Times if: 1. is of such a nature as to establish that any"technical data' on which CONTRACTOR a. CONTRACTOR knew of the is entitled to rely as provided in paragraph 4.02 existence of such conditions at the time is materially inaccurate; or CONTRACTOR made a final commitment to OWNER in respect of Contract Price 2. is of such a nature as to require a and Contract Times by the submission of a change in the Contract Documents; or Bid or becoming bound under a negotiated contract; or 3. differs materially from that shown or indicated in the Contract Documents; or b. the existence of such condition could reasonably have been discovered or ' 4, is of an unusual nature, and differs revealed as a result of any examination, materially from conditions ordinarily investigation, exploration, test, or study of encountered and generally recognized as the Site and contiguous areas required by ' inherent in work of the character provided for in the Bidding Requirements or Contract the Contract Documents; then CONTRACTOR Documents to be conducted by or for shall, promptly after becoming aware thereof CONTRACTOR prior to CONTRACTOR's and before further disturbing the subsurface or making such final commitment, or physical conditions or performing any Work in connection therewith (except in an emergency c. CONTRACTOR failed to give the as required by paragraph 6.16.A), notify written notice within the time and as re- OWNER and ENGINEER in writing about such quired by paragraph 4.03.A. ' condition. CONTRACTOR shall not further disturb such condition or perform any Work in 3. If OWNER and CONTRACTOR are connection therewith(except as aforesaid)until unable to agree on entitlement to or on the receipt of written order to do so. amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, B. ENGINEER's Review: After receipt of a Claim may be made therefor as provided in written notice as required by paragraph 4.03.A, the Construction Contract. pwagraph 1&0. ' ENGINEER will promptly review the pertinent However, OWNER, ENGINEER, and Design condition, determine the necessity of OWNER's Engineers shall not be liable to CONTRACTOR obtaining additional exploration or tests with for any claims, costs, losses, or damages respect thereto, and advise OWNER in writing (including but not limited to all fees and (with a copy to CONTRACTOR) of ENGINEER's charges of engineers,architects,attorneys,and findings and conclusions. other professionals and all court or arbitration or other dispute resolution costs) sustained by ' C. Possible Price and Times Adjustments CONTRACTOR on or in connection with any other project or anticipated project. 1. The Contract Price or the Contract Times, or both,will be equitably adjusted to the 4.04 Underground Facilities ' extent that the existence of such differing subsurface or physical condition causes an in- A. Shown or Indicated., The information and crease or decrease in CONTRACTOR's cost data shown or indicated in the Contract Docu- of, or time required for, performance of the ments with respect to existing Underground Facili- ' Work; subject, however, to the following: ties at or contiguous to the Site is based on infor- mation and data furnished to OWNER or a. such condition must meet any one ENGINEER by the owners of such Underground or more of the categories described in Facilities, including OWNER, or by others. Unless paragraph 4.03.A; and it is otherwise expressly provided in the Sup- plementary Conditions: b. with respect to Work that is paid for ' on a Unit Price Basis, any adjustment in 1. OWNER and ENGINEER shall not be Contract Price will be subject to the responsible for the accuracy or completeness provisions of paragraphs 9.08 and 11.03. of any such information or data; and ' 22A-07000C CONDITIONS OF THE CONTRACT Jan 03 GENERAL CONDITIONS - PAGE 13 ' 2. the cost of all of the following will be or to have anticipated. If OWNER and included in the Contract Price, and CONTRACTOR are unable to agree on CONTRACTOR shall have full responsibility entitlement to or on the amount or extent, if ' for: any, of any such adjustment in Contract Price a. reviewing and checking all such or Contract Times,OWNER orCONTRACTOR information and data, may make a Claim therefor as provided in the ' Construction Contract. paragraph 10.06. b. locating all Underground Facilities shown or indicated in the Contract 4.05 Reference Points Documents, A. OWNER shall provide engineering surveys c. coordination of the Work with the toestablish reference points for construction which OWNERS of such Underground Facilities, in ENGINEER's judgment are necessary to enable including OWNER, during construction, CONTRACTOR to proceed with the Work. ' and CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the d. the safety and protection of all such established reference points and property ' Underground Facilities and repairing any monuments, and shallmake no changes or reloca- damage thereto resulting from the Work. tionswithoutthe prior written approval of OWNER, CONTRACTOR shall report to ENGINEER B. Not Shown or Indicated whenever any reference point or property monument is lost or destroyed or requires 1. If an Underground Facility is uncovered relocation because of necessary changes in or revealed at or contiguous to the Site which grades or locations, and shall be responsible for was not shown or indicated, or not shown or the accurate replacement or relocation of such ' indicated with reasonable accuracy in the reference points or property monuments by Contract Documents, CONTRACTOR shall, professionally qualified personnel. promptly after becoming aware thereof and before further disturbing conditions affected 4.06 Hazardous Environmental Condition at Site thereby or performing any Work in connection therewith(except in an emergency as required A. Reports and Drawings: Reference is made by paragraph 6.16.A), identify the OWNER of to the Supplementary Conditions for the ' such Underground Facility and give written identification of those reports and drawings relating notice to that OWNER and to OWNER and to Hazardous Environmental Condition identified ENGINEER. ENGINEER will promptly review at the Site, if any, that have been utilized by the the Underground Facility and determine the ENGINEER in the preparation of the Contract ' extent, if any, to which a change is required in Documents. the Contract Documents to reflect and document the consequences of the existence B. Limited Reliance by CONTRACTOR on ' or location of the Underground Facility. During Technical Data Authorized: CONTRACTOR may such time,CONTRACTOR shall be responsible rely upon the general accuracy of the "technical for the safety and protection of such data'contained in such reports and drawings, but Underground Facility. such reports and drawings are not Contract ' Documents. Such"technical data' is identified in 2. If ENGINEER concludes that a change the Supplementary Conditions. Except for such in the Contract Documents is required, a Work reliance on such"technical data,"CONTRACTOR Change Directive or a Change Order will be may not rely upon or make any Claim against ' issued to reflect and document such conse- OWNER, ENGINEER or any of Design Engineers quences. An equitable adjustment shall be with respect to: made in the Contract Price of Contract Times, or both, to the extent that they are attributable 1. the completeness of such reports and to the existence or location of any Underground drawings for CONTRACTOR's purposes, Facility that was not shown or indicated or not including, but not limited to, any aspects of the shown or indicated with reasonable accuracy in means, methods, techniques, sequences and ' the Contract Documents and that procedures of construction to be employed by CONTRACTOR did not know of and could not CONTRACTOR and safety precautions and reasonably have been expected to be aware of programs incident thereto, or ' 22A-0700GC CONDITIONS OF THE CONTRACT Jan03 GENERAL CONDITIONS - PAGE 14 1 ' 2. other data,interpretations,opinions and CONTRACTOR does not agree to resume such information contained in such reports or shown Work based on a reasonable belief it is unsafe, or or indicated in such drawings; or does not agree to resume such Work under such ' special conditions, then OWNER may order the 3. any CONTRACTOR interpretation of or portion of the Work that is in the area affected by conclusion drawn from any "technical data" or such condition to be deleted from the Work. If ' anysuch otherdata,interpretations,opinions or OWNER and CONTRACTOR cannot agree as to information. entitlement to or on the amount or extent, if any,of an adjustment in Contract Price or Contract Times C. CONTRACTOR shall not be responsible for as a result of deleting such portion of the Work, ' any Hazardous Environmental Condition then either party may make a Claim therefor as uncovered or revealed at the Site which was not provided in the Construction Contact. paragraph shown or indicated in Drawings or Specifications 10.05.OWNER may have such deleted portion of or identified in the Contract Documents to be the Work performed by OWNER's own forces or ' within the scope of the Work. CONTRACTOR others in accordance with Article 7. shall be responsible for a Hazardous Environmental Condition created with any materi- G. To the fullest extent permitted by Laws and ' als brought to the Site by CONTRACTOR, Regulations, OWNER shall indemnify and hold Subcontractors, Suppliers, or anyone else for harmless CONTRACTOR, Subcontractors, whom CONTRACTOR is responsible. ENGINEER, Design Engineers and the officers, directors, partners, employees, agents, other ' D. If CONTRACTOR encounters a Hazardous consultants, and subcontractors of each and any Environmental Condition or if CONTRACTOR or of them from and against all claims, costs, losses, anyone for whom CONTRACTOR is responsible and damages (including but not limited to all fees creates a Hazardous Environmental Condition, and charges of ENGINEERS, architects, ' CONTRACTOR shall immediately: (i) secure or attorneys,and other professionals and all court or otherwise isolate such condition; (ii) stop all Work arbitration or other dispute resolution costs)arising in connection with such condition and in any area out of or relating to a Hazardous Environmental affected thereby (except in an emergency as Condition, provided that such Hazardous required by paragraph 6.16); and (iii) notify Environmental Condition: (i) was not shown or OWNER and ENGINEER(and promptly thereafter indicated in the Drawings or Specifications or confirm such notice in writing). OWNER shall identified in the Contract Documents to be ' promptly consult with ENGINEER concerning the included within the scope of the Work, and (ii)was necessity for OWNER to retain a qualified expert not created by CONTRACTOR or by anyone for to evaluate such condition or take corrective whom CONTRACTOR is responsible. Nothing in action, if any. this paragraph 4.06.E shall obligate OWNER to ' indemnify any individual or entity from and against E. CONTRACTOR shall not be required to the consequences of that individual's or entity's resume Work in connection with such condition or own negligence. ' in any affected area until after OWNER has ob- tained any required permits related thereto and H. To the fullest extent permitted by Laws and delivered to CONTRACTOR written notice: (i) Regulations, CONTRACTOR shall indemnify and specifying that such condition and any affected hold harmless OWNER, ENGINEER, Design area is or has been rendered safe for the resump- Engineers, and the officers, directors, partners, tion of Work; or (ii) specifying any special condi- employees, agents, other consultants, and tions under which such Work may be resumed subcontractors of each and any of them from and safely. If OWNER and CONTRACTOR cannot against all claims, costs, losses, and damages ' agree as to entitlement to or on the amount or (including but not limited to all fees and charges of extent, if any, of any adjustment in Contract Price ENGINEERS, architects, attorneys, and other or Contract Times, or both, as a result of such professionals and all court or arbitration or other Work stoppage or such special conditions under dispute resolution costs) arising out of or relating which Work is agreed to be resumed by to a Hazardous Environmental Condition created CONTRACTOR, either party may make a Claim by CONTRACTOR or by anyone for whom therefor as provided in the Construction Contract. CONTRACTOR is responsible. Nothing in this ' X05. paragraph 4.06.F shall obligate CONTRACTOR to indemnify any individual or entity from and against F. If after receipt of such written notice the consequences of that individual's or entity's ' 22A-0I00GC CONDITIONS OF THE CONTRACT Jan 03 GENERAL CONDITIONS - PAGE 15 - -------- - -- .................... ............ ......... MUL. - zz ........... ............. .......... ----------------- ...................... - - • - . - Wai - - - - - - - - - - - - - - - - - -- - - - -- - - - - - -- - - - -- - - - - - - - - -- - - - - - - -- -- - - - -- -- - - - - - - - - - - - -- - - - --- - - - - - - - -- --- - - - - - -- - - - - - - - - - - - - - - - lam - - - - - - - - -- - - - - --- - - - -- - - - - - - .- ' Contract Documents. as otherwise provided in the Contract Documents. All warranties and guarantees specifically called B. At all times during the progress of the for by the Specifications shall expressly run to the Work, CONTRACTOR shall assign a competent benefit of OWNER. If required by ENGINEER, resident superintendent thereto who shall not be CONTRACTOR shall furnish satisfactory evidence replaced without written notice to OWNER and (including reports of required tests) as to the ' ENGINEER except under extraordinary source, kind, and quality of materials and equip- circumstances. The superintendent will be ment. All materials and equipment shall be stored, CONTRACTOR's representative at the Site and applied, installed, connected, erected, protected, shall have authority to act on behalf of used,cleaned,and conditioned in accordance with CONTRACTOR. All communications given to or instructions of the applicable Supplier, except as received from the superintendent shall be binding otherwise may be provided in the Contract Docu- on CONTRACTOR. ments. ' C. The CONTRACTOR's authorized 6.04 Progress Schedule representative shall be present at the site of the Work at all times while the Work is in progress. A. CONTRACTOR shall adhere to the grog- ' Failure to observe this requirement shall be ress schedule established in accordance with considered as a suspension of the Work by the paragraph 2.07 as it may be adjusted from time to CONTRACTOR. time as provided below. ' 6.02 Labor, Working Hours 1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indi- A. CONTRACTOR shall provide competent, cated in paragraph 2.07)proposed adjustments ' suitably qualified personnel to survey, lay out, and in the progress schedule that will not result in construct the Work as required by the Contract changing the Contract Times (or Milestones). Documents. CONTRACTOR shall at all times Such adjustments will conform generally to the maintain good discipline and order at the Site. progress schedule then in effect and additional- ly will comply with any provisions of the General B. Except as otherwise required for the safety Requirements applicable thereto. or protection of persons or the Work or property at the Site or adjacent thereto, and except as other- 2. Proposed adjustments in the progress ' wise stated in the Contract Documents, all Work at schedule that will change the Contract Times the Site shall be performed during regularworking (or Milestones) shall be submitted in hours, and CONTRACTOR will not permit accordance with the requirements of Article 12. overtime work or the performance of Work on Such adjustments may only be made by a ' Saturday, Sunday, or any legal holiday without Change Order or Written Amendment in accor- OWNER's written consent (which will not be dance with Article 12. unreasonably withheld) given after prior written ' notice to ENGINEER. 6.05 Substitutes and"Or-Equals" 6.03 Services, Materials, and Equipment A. Whenever an item of material or equipment is specified or described in the Contract Docu- ' A. Unless otherwise specified in the General ments by using the name of a proprietary item or Requirements, CONTRACTOR shall provide and the name of a particular Supplier,the specification assume full responsibility for all services, or description is intended to establish the type, materials, equipment, labor, transportation, function,appearance,and quality required. Unless ' construction equipment and machinery, tools, the specification or description contains or is appliances, fuel, power, light, heat, telephone, followed bywords reading that no like, equivalent, water, sanitary facilities, temporary facilities, and or "or-equal" item or no substitution is permitted, ' all other facilities and incidentals necessary for the other items of material or equipment or material or performance, testing, start-up, and completion of equipment of other Suppliers may be submitted to the Work. ENGINEER for review under the circumstances described below. ' B. All materials and equipment incorporated into the Work shall be as specified or, if not 1. "Or-Equal" Items: If in ENGINEER's specified, shall be of good quality and new,except sole discretion an item of material or equipment ' zzao oocc CONDITIONS OF THE CONTRACT Jan 03 GENERAL CONDITIONS - PAGE 20 1 ' proposed by CONTRACTOR is functionally d. CONTRACTOR shall first make equal to that named and sufficiently similar so written application to ENGINEER for review that no change in related Work will be required, of a proposed substitute item of material or ' it may be considered by ENGINEER as an equipment that CONTRACTOR seeks to .or-equal" item, in which case review and furnish or use. The application shall certify approval of the proposed item may, in that the proposed substitute item will ' ENGINEER's sole discretion, be accomplished perform adequately the functions and without compliance with some or all of the achieve the results called for by the general requirements for approval of proposed substi- design, be similar in substance to that tute items. For the purposes of this paragraph specified,and be suited to the same use as 6.05.A.1, a proposed item of material or that specified. The application will state the equipment will be considered functionally equal extent, if any, to which the use of the pro- to an item so named if: posed substitute item will prejudice CONTRACTOR's achievement of Substan- a. in the exercise of reasonable tial Completion on time, whether or not use judgment ENGINEER determines that: (i) of the proposed substitute item in the Work it is at least equal in quality, durability, will require a change in any of the Contract ' appearance, strength, and design Documents (or in the provisions of any characteristics; (ii) it will reliably perform at otherdirect contractwith OWNER forwork least equally well the function imposed by on the Project) to adapt the design to the the design concept of the completed proposed substitute item and whether or ' Project as a functioning whole, and; not incorporation or use of the proposed substitute item in connection with the Work b. CONTRACTOR certifies that: (i) is subject to payment of any license fee or there is no increase in cost to the OWNER; royalty. All variations of the proposed ' and (ii) it will conform substantially, even substitute item from that specified will be with deviations, to the detailed identified in the application, and available requirements of the item named in the ENGINEERING, sales, maintenance, ' Contract Documents. repair, and replacement services will be indicated. The application will also contain 2. Substitute Items an itemized estimate of all costs or credits that will result directly or indirectly from use a. If in ENGINEER's sole discretion of such substitute item, including costs of an item of material or equipment proposed redesign and claims of other contractors by CONTRACTOR does not qualify as an affected by any resulting change, all of "or-equal" item under paragraph 6.05.A.1, which will be considered by ENGINEER in ' it will be considered a proposed substitute evaluating the proposed substitute item. item. ENGINEER may require CONTRACTOR to furnish additional data about the proposed ' b. CONTRACTOR shall submit suffi- substitute item. cient information as provided below to allow ENGINEER to determine that the B. Substitute Construction Methods or Proce- item of material or equipment proposed is dures: If a specific means, method, technique,se- essentially equivalent to that named and an quence, or procedure of construction is shown or acceptable substitute therefor. Requests indicated in and expressly required by the Contract for review of proposed substitute items of Documents, CONTRACTOR may furnish or utilize material or equipment will not be accepted a substitute means, method,technique,sequence, ' by ENGIN EER from anyone other than or procedure of construction approved by CONTRACTOR. ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ' c. The procedure for review by ENGINEER's sole discretion,to determine thatthe ENGINEER will be as set forth in substitute proposed is equivalent to that expressly paragraph 6.05.A.2.d, as supplemented in called for by the Contract Documents. The proce- the General Requirements and as dure for review by ENGINEER will be similar to ' ENGINEER may decide is appropriate that provided in subparagraph 6.05.A.2. under the circumstances. C. ENGINEER'S Evaluation: ENGINEER will 22n-0700cc CONDITIONS OF THE CONTRACT Jen 03 GENERAL CONDITIONS - PAGE 21 1 be allowed a reasonable time within which to ted a list thereof in accordance with the Supple- evaluate each proposal or submittal made mentary Conditions,OWNER's acceptance(either pursuant to paragraphs 6.05.A and 6.05.8. in writing or by failing to make written objection ENGINEER will be the sole judge of acceptability. thereto by the date indicated for acceptance or No "or-equal" or substitute will be ordered, objection in the Bidding Documents or the Con- installed or utilized until ENGINEER's review is tract Documents) of any such Subcontractor, complete, which will be evidenced by either a Supplier, or other individual or entity so identified Change Order for a substitute or an approved may be revoked on the basis of reasonable Shop Drawing for an "or equal." ENGINEER will objection after due investigation. CONTRACTOR advise CONTRACTOR in writing of any negative shall submit an acceptable replacement for the determination. rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be D. Special Guarantee: OWNER may require adjusted by the difference in the cost occasioned CONTRACTOR tofurnish atCONTRACTOR'sex- by such replacement, and an appropriate Change pense a special performance guarantee or other Order will be issued or Written Amendment surety with respect to any substitute. signed. No acceptance by OWNER of any such Subcontractor, Supplier, or other individual or E. ENGINEER's Cost Reimbursement: entity, whether initially or as a replacement, shall ENGINEER will record time required by constitute a waiver of any right of OWNER or ENGINEER and Design Engineers in evaluating ENGINEER to reject defective Work. substitute proposed or submitted by CONTRACTOR pursuant to paragraphs 6.05.A.2 C. CONTRACTOR shall be fully responsible to and 6.05.6 and in making changes in the Contract OWNER and ENGINEER for all acts and omis- Documents(or in the provisions of any other direct sions of the Subcontractors, Suppliers, and other 1 contract with OWNER for work on the Project) individuals or entities performing or furnishing any occasioned thereby. Whether or not ENGINEER of the Work just as CONTRACTOR is responsible approves a substitute item so proposed or for CONTRACTOR's own acts and omissions. submitted by CONTRACTOR, CONTRACTOR Nothing in the Contract Documents shall create for ' shall reimburse OWNER for the charges of the benefit of any such Subcontractor, Supplier, or ENGINEER and Design Engineers for evaluating other individual or entity any contractual relation- each such proposed substitute. ship between OWNER or ENGINEER and any such Subcontractor,Supplier or other individual or ' F. CONTRACTOR 's Expense : entity, nor shall it create any obligation on the part CONTRACTOR shall provide all data in support of of OWNER or ENGINEER to pay or to see to the any proposed substitute or "or-equal" at payment of any moneys due any such CONTRACTOR's expense. Subcontractor, Supplier, or other individual or entity except as may otherwise be required by 6.06 Concerning Subcontractors, Suppliers,and Laws and Regulations. Others ' D. CONTRACTOR shall be solely responsible A. CONTRACTOR shall not employ any for scheduling and coordinating the Work of Subcontractor, Supplier, or other individual or Subcontractors,Suppliers,and other individuals or entity (including those acceptable to OWNER as entities performing or furnishing any of the Work ' indicated in paragraph 6.06.8), whether initially or under a direct or indirect contract with as a replacement, against whom OWNER may CONTRACTOR. have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, E. CONTRACTOR shall require all t Supplier, or other individual or entity to furnish or Subcontractors, Suppliers, and such other perform any of the Work against whom individuals or entities performing or furnishing any CONTRACTOR has reasonable objection. of the Work to communicate with ENGINEER ' through CONTRACTOR. B. If the Supplementary Conditions require the identity of certain Subcontractors. Suppliers, or F. The divisions and sections of the Specifica- other individuals or entities to be submitted to tions and the identifications of any Drawings shall OWNER in advance for acceptance by OWNER not control CONTRACTOR in dividing the Work by a specified date prior to the Effective Date of among Subcontractors or Suppliers or delineating the Agreement,and if CONTRACTOR has submit- the Work to be performed by any specific trade. ' 22Ao7a GC CONDITIONS OF THE CONTRACT Jen 03 GENERAL CONDITIONS - PAGE 22 i 1 G. All Work performed for CONTRACTOR by of patent rights or copyrights incident to the use in a Subcontractor or Supplier will be pursuant to an the performance of the Work or resulting from the 1 appropriate agreement between CONTRACTOR incorporation in the Work of any invention,design, and the Subcontractor or Supplier which process, product, or device not specified in the specifically binds the Subcontractor or Supplier to Contract Documents. the applicable terms and conditions of the Contract I Documents for the benefit of OWNER and 6.08 Permits ENGINEER. Whenever any such agreement is with a Subcontractor or Supplier who is listed as A. Unless otherwise provided in the Supple- an additional insured on the property insurance mentary Conditions, CONTRACTOR shall obtain provided in the Construction Contract paragraph and pay for all construction permits and licenses. 565,the agreement between the CONTRACTOR OWNER shall assist CONTRACTOR, when and the Subcontractor or Supplier will contain necessary,in obtaining such permits and licenses. ' provisions whereby the Subcontractor or Supplier CONTRACTOR shall pay all governmental waives all rights against OWNER, charges and inspection fees necessary for the CONTRACTOR, ENGINEER, Design Engineers, prosecution of the Work which are applicable at and all other individuals or entities identified in the the time of opening of Bids, or, if there are no Bids, Supplementary Conditions to be listed as insureds on the Effective Date of the Agreement. or additional insureds (and the officers, directors, CONTRACTOR sha II pay all charges of utility partners, employees, agents, and other OWNERS for connections to the Work, and consultants and subcontractors of each and any of OWNER shall pay all charges of such utility ' them) for all losses and damages caused by, OWNERS for capital costs related thereto,such as arising out of, relating to, or resulting from any of plant investment fees. the perils or causes of loss covered by such policies and any other property insurance 6.09 Laws and Regulations applicable to the Work. If the insurers on any such policies require separate waiver forms to be A. CONTRACTOR shall give all notices and signed by any Subcontractor or Supplier, comply with all Laws and Regulations applicable to CONTRACTOR will obtain the same. the performance of the Work. Except where otherwise expressly required by applicable Laws 6.07 Patent Fees and Royalties and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring A. CONTRACTOR shall pay all license fees CONTRACTOR's compliance with any Laws or and royalties and assume all costs incident to the Regulations. use in the performance of the Work or the incorporation in the Work of any invention,design, B. If CONTRACTOR performs any Work i process, product, or device which is the subject of knowing or having reason- to know that it is patent rights or copyrights held by others. If a contrary to Laws or Regulations, CONTRACTOR particular invention, design, process, product, or shall bear all claims, costs, losses, and damages device is specified in the Contract Documents for (including but not limited to all fees and charges of use in the performance of the Work and if to the ENGINEERS, architects, attorneys, and other actual knowledge of OWNER or ENGINEER its professionals and all court or arbitration or other use is subject to patent rights or copyrights calling dispute resolution costs) arising out of or relating for the payment of any license fee or royalty to to such Work; however, it shall not be others, the existence of such rights shall be CONTRACTOR's primary responsibility to make disclosed by OWNER in the Contract Documents. certain that the Specifications and Drawings are in ' To the fullest extent permitted by Laws and accordance with Laws and Regulations, but this Regulations, CONTRACTOR shall indemnify and shall not relieve CONTRACTOR of hold harmless OWNER, ENGINEER, Design CONTRACTOR's obligations under paragraph Engineers, and the officers, directors, partners, 3.03. ' employees or agents, and other consultants of each and any of them from and against all claims, C. Changes in Laws or Regulations not known costs, losses, and damages (including but not at the time of opening of Bids (or, on the Effective limited to all fees and charges of ENGINEERS, Date of the Agreement if there were no Bids) architects, attorneys, and other professionals and having an effect on the cost or time of all court or arbitration or other dispute resolution performance of the Work may be the subject of an costs)arising out of or relating to any infringement adjustment in Contract Price or Contract Times. If CONDITIONS OF THE CONTRACT 22A-07Jan03 GENERAL GENERAL CONDITIONS - PAGE 23 rOWNER and CONTRACTOR are unable to agree upon CONTRACTOR's performance of the on entitlement to or on the amount or extent, if Work. ' any, of any such adjustment, a Claim may be made therefor as provided in the Construction B. Removal of Debris During Performance of Contract. paragraph 19.05. the Work: During the progress of the Work CONTRACTOR shall keep the Site and other 6.10 Taxes areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal A. CONTRACTOR shall pay all sales, con- of such waste materials, rubbish, and other debris sumer, use, and other similar taxes required to be shall conform to applicable Laws and Regulations. paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project C. Cleaning: Prior to Substantial Completion which are applicable during the performance of the of the Work CONTRACTOR shall clean the Site 1 Work and make it ready for utilization by OWNER. At the completion of the Work CONTRACTOR shall 6.11 Use of Site and Other Areas remove from the Site all tools, appliances, construction equipment and machinery, and A. Limitation on Use of Site and Other Areas surplus materials and shall restore to original condition all property not designated for alteration 1. CONTRACTOR shall confine by the Contract Documents. construction equipment, the storage of materials and equipment,and the operations of D. Loading Structures: CONTRACTOR shall workers to the Site and other areas permitted not load nor permit any part of any structure to be by Laws and Regulations, and shall not loaded in any manner that will endanger the unreasonably encumber the Site and other structure, nor shall CONTRACTOR subject any areas wit h construction equipment or other part of the Work or adjacent property to stresses materials or equipment. CONTRACTOR shall or pressures that will endanger it. assume full responsibility for any damage to any such land or area, or to the OWNER or 6.12 Record Documents occupant thereof, or of any adjacent land or areas resulting from the performance of the A. CONTRACTOR shall maintain in a safe Work. place at the Site one record copy of all Drawings, Specifications, Addenda, Written Amendments, 2. Should any claim be made by any such Change Orders, Work Change Directives, Field OWNER or occupant because of the Orders, and written interpretations and performance of the Work, CONTRACTOR clarifications in good order and annotated to show shall promptly settle with such other party by changes made during construction. These record negotiation or otherwise resolve the claim by documents together with all approved Samples arbitration or other dispute resolution and a counterpart of all approved Shop Drawings ' proceeding or at law. will be available to ENGINEER for reference. Upon completion of the Work, these record 3. To the fullest extent permitted by Laws documents, Samples, and Shop Drawings will be and Regulations. CONTRACTOR shall delivered to ENGINEER for OWNER. indemnify and hold harmless OWNER, ENGINEER,Design Engineer,and the officers, 6.13 Safety and Protection directors, partners, employees, agents, and other consultants of each and any of them from A. CONTRACTOR shall be solely responsible and against all claims, costs, losses, and for initiating, maintaining and supervising all safety damages (including but not limited to all fees precautions and programs in connection with the and charges of ENGINEERS, architects, Work. CONTRACTOR shall take all necessary attorneys,and other professionals and all court precautions for the safety of, and shall provide the or arbitration or other dispute resolution costs) necessary protection to prevent damage, injury or arising out of or relating to any claim or action, loss to: legal or equitable, brought by any such ' OWNER or occupant against OWNER, 1. all persons on the Site or who may be ENGINEER, or any other party indemnified affected by the Work; hereunder to the extent caused by or based 22A-0700GC CONDITIONS OF THE CONTRACT Jan 03 GENERAL CONDITIONS - PAGE 24 ' 2. all the Work and materials and equip- 6.15 Hazard Communication Programs ment to be incorporated therein, whether in A. CONTRACTOR shall be responsible for storage on or off the Site; and coordinating any exchange of material safety data � ) sheets orother hazard communication information 3. other property at the Site or adjacent required to be made available to or exchanged be- thereto, including trees, shrubs, lawns, walks, tween or among employers at the Site in pavements, roadways,structures, utilities, and accordance with Laws or Regulations. Underground Facilities not designated for removal, relocation, or replacement in the 6.16 Emergencies course of construction. ' A. In emergencies affecting the safety or B. CONTRACTOR shall comply with all protection of persons or the Work or property at applicable Laws and Regulations relating to the the Site or adjacent thereto, CONTRACTOR is safety of persons or property, or to the protection obligated to act to prevent threatened damage, of persons or property from damage, injury, or injury, or loss. CONTRACTOR shall give loss; and shall erect and maintain all necessary ENGINEER prompt written notice if safeguards for such safety and protection. CONTRACTOR believes that any significant CONTRACTOR shall notify OWNERS of adjacent changes in the Work or variations from the property and of Underground Facilities and other Contract Documents have been caused thereby or utility OWNERS when prosecution of the Work are required as a result thereof. If ENGINEER may affect them, and shall cooperate with them in determines that a change in the Contract the protection, removal, relocation, and Documents is required because of the action replacement of their property. All damage, injury, taken by CONTRACTOR in response to such an or loss to any property referred to in paragraph emergency, a Work Change Directive or Change 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, Order will be issued. in whole or in part, by CONTRACTOR, any Subcontractor, Supplier, or any other individual or 6.17 Shop Drawings and Samples entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose A. CONTRACTOR shall submit Shop Draw- acts any of them may be liable, shall be remedied ings to ENGINEER for review and approval in by CONTRACTOR (except damage or loss accordance with the acceptable schedule of Shop attributable to the fault of Drawings or Drawings and Sample submittals. All submittals Specifications or to the acts or omissions of will be identified as ENGINEER may require and in OWNER or ENGINEER or Design Engineer, or the number of copies specified in the General Re- anyone employed by any of them, or anyone for quirements. The data shown on the Shop whose acts any of them may be liable, and not Drawings will be complete with respect to quan- attributable, directly or indirectly, in whole or in tities, dimensions, specified performance and part, to the fault or negligence of CONTRACTOR design criteria, materials, and similar data to show or any Subcontractor, Supplier, or other individual ENGINEER the services, materials, and ' or entity directly or indirectly employed by any of equipment CONTRACTOR proposes to provide them). CONTRACTOR's duties and responsibil- and to enable ENGINEER to review the informa- ities for safety and for protection of the Work shall tion for the limited purposes required by paragraph continue until such time as all the Work is 6.17.E. completed and ENGINEER has issued a notice to OWNER and CONTRACTOR im aceordance wqth B. CONTRACTOR shall also submit Samples paragraph 14.07.13 that the Work is acceptable to ENGINEER for review and approval in accor- (except as otherwise expressly provided in dance with the acceptable schedule of Shop Draw- connection with Substantial Completion). ings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent 6.14 Safety Representative data such as catalog numbers, and the use for ' which intended and otherwise as ENGINEER may A. CONTRACTOR shall designate a qualified require to enable ENGINEER to review the and experienced safety representative at the Site submittal for the limited purposes required by whose duties and responsibilities shall be the paragraph 6.17.E. The numbers of each Sample prevention of accidents and the maintaining and to be submitted will be as specified in the Specifi- supervising of safety precautions and programs. cations. t22A-07000C CONDITIONS OF THE CONTRACT Jan 03 GENERAL CONDITIONS - PAGE 25 a C. Where a Shop Drawing or Sample is re- E. ENGINEER's Review quired by the Contract Documents or the schedule of Shop Drawings and Sample submittals 1. ENGINEER will timely review and acceptable to ENGINEER as required by approve Shop Drawings and Samples in paragraph 2.07,any related Work performed prior accordance with the schedule of Shop to ENGINEER's review and approval of the Drawings and Sample submittals acceptable to pertinent submittal will be at the sole expense and ENGINEER. ENGINEER's review and responsibility of CONTRACTOR. approval will be only to determine if the items covered by the submittals will, after installation D. Submittal Procedures or incorporation in the Work, conform to the ' information given in the Contract Documents 1. Before submitting each Shop Drawing and be compatible with the design concept of or Sample, CONTRACTOR shall have the completed Project as a functioning whole determined and verified: as indicated by the Contract Documents. a. all field measurements, quantities, 2. ENGINEER's review and approval will dimensions,specified performance criteria, not extend to means, methods, techniques, installation requirements,materials,catalog sequences, or procedures of construction numbers, and similar information with (except where a particular means, method, respect thereto; technique, sequence, or procedure of con- struction is specifically and expressly called for b. all materials with respect to intend- by the Contract Documents) or to safety ed use, fabrication, shipping, handling, precautions or programs incident thereto. The storage, assembly, and installation review and approval of a separate item as such pertaining to the performance of the Work; will not indicate approval of the assembly in which the item functions. c. all information relative to means, methods, techniques, sequences, and 3. ENGINEER's review and approval of procedures of construction and safety Shop Drawings or Samples shall not relieve precautions and programs incident thereto; CONTRACTOR from responsibility for any and variation from the requirements of the Contract Documents unless CONTRACTOR has in d. CONTRACTOR shall also have writing called ENGINEER's attention to each reviewed and coordinated each Shop such variation at the time of each submittal as Drawing or Sample with other Shop required by paragraph 6.17.D.3 and Drawings and Samples and with the ENGINEER has given written approval of each requirements of the Work and the Contract such variation by specific written notation Documents. thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any 2. Each submittal shall bear a stamp or approval by ENGINEER relieve specific written indication that CONTRACTOR CONTRACTOR from responsibility for has satisfied CONTRACTOR's obligations complying with the requirements of paragraph under the Contract Documents with respect to 6.17.D.1. ' CONTRACTOR's review and approval of that submittal. F. Resubmittal Procedures 3. At the time of each submittal, 1. CONTRACTOR shall make corrections CONTRACTOR shall give ENGINEER specific required by ENGINEER and shall return the written notice of such variations, if any,that the required number of corrected copies of Shop Shop Drawing or Sample submitted may have Drawings and submit as required new Samples ' from the requirements of the Contract for review and approval. CONTRACTOR shall Documents, such notice to be in a written com- direct specific attention in writing to revisions munication separate from the submittal, and, in other than the corrections called for by addition, shall cause a specific notation to be ENGINEER on previous submittals. made on each Shop Drawing and Sample sub- mitted to ENGINEER for review and approval 6.18 Continuing the Work of each such variation. 22A-07000c CONDITIONS OF THE CONTRACT ae�0s GENERAL CONDITIONS - PAGE 26 A. CONTRACTOR shall carry on the Work others; or and adhere to the progress schedule during all dis- putes or disagreements with OWNER. No Work 8. any correction of defective Work by shall be delayed or postponed pending resolution OWNER. of any disputes or disagreements, except as permitted under the Construction Contract or as OWNER and CONTRACTOR may otherwise ARTICLE 7 -OTHER WORK agree in writing. 6.19 CONTRACTOR's General Warranty and 7.01 Related Work at Site Guarantee A. OWNER may perform other work related to A. CONTRACTOR warrants and guarantees the Project at the Site by OWNER's employees,or to OWNER, ENGINEER, and Design Engineers let other direct contracts therefor, or have other 1 that all Work will be in accordance with the work performed by utility OWNERs. If such other Contract Documents and will not be defective. work is not noted in the Contract Documents,then: CONTRACTOR's warranty and guarantee hereunder excludes defects ordamage caused by: 1. written notice thereof will be given to CONTRACTOR priorto starting any such other 1. abuse, modification, or improper main- work; and tenance or operation by persons other than CONTRACTOR, Subcontractors,Suppliers,or 2. if OWNER and CONTRACTOR are any other individual or entity for whom unable to agree on entitlement to or on the CONTRACTOR is responsible; or amount or extent, if any, of any adjustment in 2. normal wear and tear under normal the Contract Price or Contract Times that usage. should be allowed as a result of such other work, a Claim may be made therefor as B. CONTRACTOR's obligation to perform and provided in the Construction Contract. complete the Work in accordance with the Con- X05, tract Documents shall be absolute. None of the following will constitute an acceptance of Work B. CONTRACTOR shall afford each other that is not in accordance with the Contract CONTRACTOR who is a party to such a direct Documents or a release of CONTRACTOR's contract and each utility OWNER (and OWNER, if obligation to perform the Work in accordance with OWNER is performing the other work with the Contract Documents: OWNER's employees) proper and safe access to the Site and a reasonable opportunity for the 1. observations by ENGINEER; introduction and storage of materials and equipment and the execution of such other work 2. recommendation by ENGINEER or and shall properly coordinate the Work with theirs. payment by OWNER of any progress or final Unless otherwise provided in the Contract payment; Documents, CONTRACTOR shall do all cutting, fitting, and patching of the Work that may be 3. the issuance of a certificate of Sub- required to properly connector otherwise make its stantial Completion by ENGINEER or any several parts come together and properly integrate payment related thereto by OWNER; with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavat- 4. use or occupancy of the Work or any ing, or otherwise altering their work and will only part thereof by OWNER; cut or alter their work with the written consent of ENGINEER and the others whose work will be 5. any acceptance by OWNER or any affected. The duties and responsibilities of failure to do so; CONTRACTOR under this paragraph are for the benefit of such utility OWNERs and other 6. any review and approval of a Shop CONTRACTORS to the extent that there are Drawing or Sample submittal or the issuance of comparable provisions for the benefit of ' a notice of acceptability by ENGINEER; CONTRACTOR in said direct contracts between OWNER and such utility OWNERS and other 7. any inspection, test , or approval by CONTRACTORS. 22A-0700cc CONDITIONS OF THE CONTRACT J.,03 GENERAL CONDITIONS - PAGE 27 M C. If the proper execution or results of any part 8.03 Furnish Data of CONTRACTOR's Work depends upon work performed by others under this Article 7, A. OWNER shall promptly furnish the data CONTRACTOR shall inspectsuch otherwork and required of OWNER under the Contract promptly report to ENGINEER in writing any Documents. delays,defects, or deficiencies in such other work that render it unavailable or unsuitable for the 8.04 Pay Promptly When Due proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure to so report will A. OWNER shall make payments to constitute an acceptance of such other work as fit CONTRACTOR promptly when they are due as and proper for integration with CONTRACTOR's provided in the Construction Contract. paragraphs Work except for latent defects and deficiencies in q4.02.6 and q+07.6. such other work. 8.05 Lands and Easements; Reports and Tests 7.02 Coordination A. OWNER's duties in respect of providing A. If OWNER intends to contract with others lands and easements and providing for the performance of otherwork on the Project at ENGINEERing surveys to establish reference the Site, the following will be set forth in points are set forth in paragraphs 4.01 and 4.05. Supplementary Conditions: Paragraph 4.02 refers to OWNER's identifying and making available to CONTRACTOR copies of 1. the individual or entity who will have reports of explorations and tests of subsurface authority and responsibility for coordination of conditions and drawings of physical conditions in the activities among the various or relating to existing surface or subsurface 1 CONTRACTORS will be identified; structures at or contiguous to the Site that have been utilized by ENGINEER in preparing the 2. the specific matters to be covered by Contract Documents. such authority and responsibility will be itemized; and 8.06 Insurance � ) 3. the extent of such authority and A. OWNER's responsibilities,if any,in respect responsibilities will be provided. topurchasing and maintaining liabilityand property insurance are set forth in >Z;�;e 5 amd the B. Unless otherwise provided in the Construction Contract. Supplementary Conditions, OWNER shall have sole authority and responsibility for such 8.07 Change Orders ' coordination. A. OWNER is obligated to execute Change Orders as indicated in the Construction Contract. ' ARTICLE 8 - OWNER'S RESPONSIBILITIES paragraph 88.03.. 8.08 Inspections, Tests, and Approvals 8.01 Communications to CONTRACTOR A. OWNER's responsibility in respect to A. Except as otherwise provided in these certain inspections, tests, and approvals is set General Conditions, OWNER shall issue all forth in paragraph 13.03.B. ' communications to CONTRACTOR through ENGINEER. 8.09 Limitations on OWNER's Responsibilities 8.02 Replacement of ENGINEER A. The OWNER shall not supervise,direct, or ' have control or authority over, nor be responsible A. In case of termination of the employment of for, CONTRACTOR's means, methods, ENGINEER,OWNER shall appointan ENGINEER techniques, sequences, or procedures of to whom CONTRACTOR makes no reasonable construction, or the safety precautions and objection, whose status under the Contract programs incident thereto, or for any failure of Documents shall be that oftheformerENGINEER. CONTRACTOR to comply with Laws and Regulations applicable to the performance of the 22A-07000C CONDITIONS OF THE CONTRACT J.�03 GENERAL CONDITIONS- PAGE 28 w Work. OWNER will not be responsible for visits and observations, ENGINEER will keep CONTRACTOR's failure to perform the Work in OWNER informed of the progress of the Work and accordance with the Contract Documents. will endeavor to guard OWNER against defective 1 Work. 8.10 Undisclosed Hazardous Environmental Condition B. ENGINEER's visits and observations are ' subject to all the limitations on ENGINEER's A. OWNER's responsibility in respect to an authority and responsibility set forth in paragraph undisclosed Hazardous Environmental Condition 9.10, and particularly,but without limitation, during is set forth in paragraph 4.06. or as a result of ENGINEER's visits or observations of CONTRACTOR's Work 8.11 Evidence of Financial Arrangements ENGINEER will not supervise, direct, control, or have authority over or be responsible for A. If and to the extent OWNER has agreed to CONTRACTOR's means, methods, techniques, furnish CONTRACTOR reasonable evidence that sequences, or procedures of construction, or the financial arrangements have been made to satisfy safety precautions and programs incident thereto, OWNER's obligations under the Contract orfor any failure of CONTRACTOR to comply with Documents, OWNER's responsibility in respect Laws and Regulations applicable to the thereof will be as set forth in the Supplementary performance of the Work. Conditions. 9.03 Project Representative A. If OWNER and ENGINEER agree, ARTICLE 9 - ENGINEER'S STATUS DURING ENGINEER will furnish a Resident Project CONSTRUCTION Representative to assist ENGINEER in providing ' more extensive observation of the Work. The responsibilities and authority and limitations 9.01 OWNER'S Representative thereon of any such Resident Project Representative and assistants will be as provided A. ENGINEER will be OWNER's representa- in paragraph 9.10 and in the Supplementary tive during the construction period. The duties and Conditions. If OWNER designates another responsibilities and the limitations of authority of representative or agent to represent OWNER at ENGINEER as OWNER's representative during the Site who is not Design Engineer, agent or em- construction are set forth in the Contract ployee, the responsibilities and authority and Documents and will not be changed withoutwritten limitations thereon of such other individual orentity consent of OWNER and ENGINEER. will be as provided in the Supplementary ' 9.02 Visits to Site Conditions. 9.04 Clarifications and Interpretations A. ENGINEER will make visits to the Site at intervals appropriate to the various stages of A. ENGINEER will issue with reasonable construction as ENGINEER deems necessary in promptness such written clarifications or order to observe as an experienced and qualified interpretations of the requirements of the Contract ' design professional the progress that has been Documents as ENGINEER may determine neces- made and the quality of the various aspects of sary, which shall be consistent with the intent of CONTRACTOR's executed Work. Based on and reasonably inferable from the Contract Docu- information obtained during such visits and ments. Such written clarifications and ' observations, ENGINEER, for the benefit of interpretations will be binding on OWNER and OWNER, will determine, in general, if the Work is CONTRACTOR. If OWNER and CONTRACTOR proceeding in accordance with the Contract are unable to agree on entitlement to or on the Documents. ENGINEER will not be required to amount or extent, if any, of any adjustment in the make exhaustive or continuous inspections on the Contract Price or Contract Times, or both, that Site to check the quality or quantity of the Work. should be allowed as a result of a written clarifica- ENGI NEER's efforts will be directed toward provid- tion or interpretation, a Claim may be made ' ing for OWNER a greater degree of confidence therefor as provided in the Construction Contact. that the completed Work will conform generally to paragraph 10.05. the Contract Documents. On the basis of such 22Ao7Dacc CONDITIONS OF THE CONTRACT Jen 03 GENERAL CONDITIONS -PAGE 29 1 9.05 Authorized Variations in Work otherwise). ENGINEER'swrittendecision thereon will be final and binding (except as modified by A. ENGINEER may authorize minor variations ENGINEER to reflect changed factual conditions in the Work from the requirements of the Contract or more accurate data) upon OWNER and Documents which do not involve an adjustment in CONTRACTOR, subject to the provisions of the the Contract Price or the Contract Times and are Construction Contract. paragraphs 10.05 threegh compatible with the design concept of the com- 49-69,inetusive. pleted Project as a functioning whole as indicated by the Contract Documents. These may be 9.09 Decisions on Requirements of Contract accomplished by a Field Order and will be binding Documents and Acceptability of Work ' on OWNER and also on CONTRACTOR, who shall perform the Work involved promptly. If A. ENGINEER will be the initial interpreter of OWNER and CONTRACTOR are unable to agree the requirements of the Contract Documents and on entitlement to or on the amount or extent, if judge of the acceptability of the Work thereunder. any, of any adjustment in the Contract Price or Claims, disputes and other matters relating to the Contract Times, or both, as a result of a Field acceptability of the Work, the quantities and Order, a Claim may be made therefor as provided classifications of Unit Price Work, the 1 in the Construction Contract. x0.05 interpretation of the requirements of the Contract Documents pertaining to the performance of the 9.06 Rejecting Defective Work Work, and Claims seeking changes in the Contract Price or Contract Times will be referred A. ENGINEER will have authority to disap- initially to ENGINEER in writing, in accordance prove or reject Work which ENGINEER believesto with the provisions of the Construction Contract be defective, or that ENGINEER believes will not paragraph 1995, with a request for a formal produce a completed Project that conforms to the decision. Contract Documents or that will prejudice the integrity of the design concept of the completed B. When functioning as interpreter and judge Project as a functioning whole as indicated by the under this paragraph 9.09, ENGINEER will not ' Contract Documents. ENGINEER will also have show partiality to OWNER or CONTRACTOR and authority to require special inspection or testing of will not be liable in connection with any the Work as provided in paragraph 13.04,whether interpretation or decision rendered in good faith in or not the Work is fabricated, installed, or such capacity. The rendering of a decision by ' completed. ENGINEER pursuant to this paragraph 9.09 with respect to any such Claim,dispute,or other matter 9.07 Shop Drawings, Change Orders and (except any which have been waived by the Payments making or acceptance of final payment as ' provided in the Construction Contract. paragraph A. In connection with ENGINEER's authority 44-90 will be a condition precedent to any as to Shop Drawings and Samples,see paragraph exercise by OWNER or CONTRACTOR of such ' 6.17* rights or remedies as either may otherwise have under the Contract Documents or by Laws or B. In connection with ENGINEER's authority Regulations in respect of any such Claim, dispute, as to Change Orders, see Articles 49; 11, and 12; or other matter. 1 and the Construction Contract. 9.10 Limitations on ENGINEER's Authority and C. In connection with ENGINEER's authority Responsibilities as to Applications for Payment. see Artiete 14 A. Neither ENGINEER's authority or respon- 9.08 Determinations for Unit Price Work sibility under this Article 9 or under any other provi- sion of the Contract Documents nor any decision A. ENGINEER will determine the actual made by ENGINEER in good faith either to quantities and classifications of Unit Price Work exercise or not exercise such authority or respon- performed by CONTRACTOR. ENGINEER will sibility or the undertaking, exercise, or review with CONTRACTOR the ENGINEER's performance of any authority or responsibility by ' preliminary determinations on such matters before ENGINEER shall create, impose, or give rise to rendering a written decision thereon (by any duty in contract, tort, or otherwise owed by recommendation of an Application for Payment or ENGINEER to CONTRACTOR, any CONDITIONS OF THE CONTRACT Jan03 GENERAL CONDITIONS - PAGE 30 r Subcontractor, any Supplier, any other individual B. If GYMER aid GONTRAGTOR are or entity,or to any surety for or employee or agent unable to agree om entitlernemt to, or an the of any of them. armount or extent, if any, of am soustrment m the Gemtraet Pr6ee or C-emtraef Times, or both, the ' B. ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR's means, methods, provided in paragraph 10.05. techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of ' CONTRACTOR to comply with Laws and A. ^^" TRAGT-E)R _L_ not be entitled to__ Regulations applicable to the performance of the nerease im the ""`reet Pr ee or am extension -` Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. rnerits as amiended, niedif ed,or supplemented as provided im paragraph 3.04, exeept n the ease o C. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any the ease of uneeverimg WeNt as provided im Subcontractor, any Supplier, or of any other }paragraph 13.84.B- individual or entity performing any of the Work. 10.03 Execution of GhBiige GrdeFs D. ENGINEER's review of the final Application for Payment and accompanying documentation A. GMER and GEMTRAGTOR shall, and all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of reeernmended by ENGINEER (or Written ' inspection, tests and approvals, and ether doet ed be delivered b para only determine genef 1. chariges in the Work whieh are! (i) eir eorn h the require ordered by OWNER purstiant to paragraph r __ _ __ _ _ ease _f __rt.f:__.__ L approvals that the results certified indicate compliance with, the Contract Documents. paragraph 13.09, or (iii) agreed to by the E. The limitations upon authority and responsi- tag bility set forth in this paragraph 9.10 shall also apply to Design Engineers, Resident Project GOMtfflet Times whieh are agreed to by thee Representative, and assistants. Tv ' 'TTIGCE 10 GHANGESIVTHE t� 9ORI,CaI�d GLAIMS 3. ehanges ii the Gentraet Priee or116.04 Authorized Ghanges in the ft ENGINEER pursuant to paragraph q@.85;ed that, in lieu of exeeuting any suehA. Without invalidating the Agreernent amd Ghange Order, an appeal may be taken fromi1 deletions, or revisions in the Work by a Written applieable Laws and Regulatioms, bdt duri" Amend iient, a Ghange E)rder, or a Work Change any sueh appeal G9NTRAGT-eR shall eaffy Bifeetive. Upon receipt ef amy such doemient, on the Vdarl, and aelhere to the progress GE)?4:FRA6TE)R shall prormptly proceed with the sehedule as provided m paragraph 6.1 1 Worlf involved whieh will be performed under the (except as otherwise speeifteally provided), ' 2z -0700cc CONDITIONS OF THE CONTRACT Jan 03 GENERAL CONDITIONS - PAGE 31 r li ROOM ommoW My • - ZL ON 1414IR - - • - . - ' Work means the sum of all costs necessarily CONTRACTOR shall obtain competitive bids incurred and paid by CONTRACTOR in the proper from subcontractors acceptable to OWNER performance of the Work. When the value of any and CONTRACTOR and shall deliver such Work covered by a Change Order orwhen a Claim bids to OWNER, who will then determine,with for an adjustment in Contract Price is determined the advice of ENGINEER, which bids, if any, on the basis of Cost of the Work, the costs to be will be acceptable. If any subcontract pro- reimbursed to CONTRACTOR will be only those vides that the Subcontractor is to be paid on additional or incremental costs required because the basis of Cost of the Work plus a fee, the of the change in the Work or because of the event Subcontractor's Cost of the Work and fee giving rise to the Claim. Except as otherwise may shall be determined in the same manner as ' be agreed to in writing by OWNER, such costs CONTRACTOR's Cost of the Work and fee as shall be in amounts no higher than those prevailing provided in this paragraph 11.01. in the locality of the Project, shall include only the following items, and shall not include any of the 4. Costs of special consultants(including costs itemized in paragraph 11.01.B. but not limited to ENGINEERS, architects, testing laboratories, surveyors,attorneys,and 1. Payroll costs for employees in the accountants) employed for services direct employ of CONTRACTOR in the perfor- specifically related to the Work. mance of the Work under schedules of job classifications agreed upon by OWNER and 5. Supplemental costs including the CONTRACTOR. Such employees shall following: include without limitation superintendents, foremen, and other personnel employed full a. The proportion of necessary trans- time at the Site. Payroll costs for employees portation, travel, and subsistence ex- not employed full time on the Work shall be penses of CONTRACTOR's employees ' apportioned on the basis of their time spent on incurred in discharge of duties connected the Work. Payroll costs shall include, but not with the Work. be limited to,salaries and wages plus the cost of fringe benefits, which shall include social b. Cost, including transportation and security contributions,unemployment,excise, maintenance, of all materials, supplies, and payroll taxes, workers' compensation, equipment, machinery,appliances,office, health and retirement benefits, bonuses, sick and temporary facilities at the Site, and ' leave, vacation and holiday pay applicable hand tools not owned by the workers, thereto. The expenses of performing Work which are consumed in the performance outside of regularworking hours,on Saturday, of the Work, and cost, less market value, Sunday,or legal holidays, shall be included in of such items used but not consumed ' the above to the extent authorized by which remain the property of OWNER. CONTRACTOR. 2. Cost of all materials and equipment c. Rentals of all construction equip- furnished and incorporated in the Work, ment and machinery, and the parts including costs of transportation and storage thereof whether rented from thereof, and Suppliers' field services required CONTRACTOR or others in accordance in connection therewith. All cash discounts with rental agreements approved by shall accrue to CONTRACTOR unless OWNER with the advice of ENGINEER, OWNER deposits funds with CONTRACTOR and the costs of transportation, loading, with which to make payments, in which case unloading, assembly, dismantling, and the cash discounts shall accrue to OWNER. removal thereof. All such costs shall be in All trade discounts, rebates and refunds and accordance with the terms of said rental returns from sale of surplus materials and agreements. The rental of any such ' equipment shall accrue to OWNER, and equipment, machinery, or parts shall CONTRACTOR shall make provisions so that cease when the use thereof is no longer they may be obtained. necessary for the Work. 3. Payments made by CONTRACTOR to d. Sales, consumer, use, and other Subcontractors for Work performed by similar taxes related to the Work, and for Subcontractors. If required by OWNER, which CONTRACTOR is liable, imposed ' 22A-07OOGC CONDITIONS OF THE CONTRACT Jan 03 GENERAL CONDITIONS- PAGE 34 by Laws and Regulations. Work shall not include any of the following items: e. Deposits lost for causes other 1. Payroll costs and other compensation than negligence of CONTRACTOR, any of CONTRACTOR's officers, executives, Subcontractor, or anyone directly or principals (of partnerships and sole indirectly employed by any of them or for proprietorships), general managers, whose acts any of them may be liable, ENGINEERS, architects, estimators, attor- and royalty payments and fees for permits neys, auditors, accountants, purchasing and and licenses. contracting agents, expediters, timekeepers, clerks, and other personnel employed by ' f. Losses and damages(and related CONTRACTOR, whether at the Site or in expenses) caused by damage to the CONTRACTOR's principal or branch office for Work, not compensated by insurance or general administration of the Work and not otherwise, sustained by CONTRACTOR specifically included in the agreed upon in connection with the performance of the schedule of job classifications referred to in Work (except losses and damages within paragraph 11.01.A.1 or specifically covered by the deductible amounts of property paragraph 11.01.A.4, all of which are to be ' insurance established in accordance with considered administrative costs covered by the Construction Contract. paragraph the CONTRACTOR's fee. 5.05.B), provided such losses and damages have resulted from causes other 2. Expenses of CONTRACTOR's princi- than the negligence of CONTRACTOR, pal and branch offices other than any Subcontractor, or anyone directly or CONTRACTOR's office at the Site. indirectly employed by any of them or for ' whose acts any of them may be liable. 3. Any part of CONTRACTOR's capital Such losses shall include settlements expenses, including interest on made with the written consent and CONTRACTOR's capital employed for the approval of OWNER. No such losses, Work and charges against CONTRACTOR for ' damages,and expenses shall be included delinquent payments. in the Cost of the Work for the purpose of determining CONTRACTOR's fee. 4. Costs due to the negligence of CONTRACTOR, any Subcontractor, or g. The cost of utilities,fuel, and sani- anyone directly or indirectly employed by any tary facilities at the Site. of them or for whose acts any of them may be liable, including but not limited to, the h. Minor expenses such as tele- correction of defective Work, disposal of ' grams, long distance telephone calls, materials or equipment wrongly supplied, and telephone service at the Site,expressage, making good any damage to property. and similar petty cash items in connection with the Work. 5. Other overhead or general expense costs of any kind and the costs of any item not i. When the Cost of the Work is specifically and expressly included in used to determine the value of a Change paragraphs 11.01.A and 11.01.B. Order or of a Claim, the cost of premiums for additional Bonds and insurance C. CONTRACTOR's Fee: When all the Work required because of the changes in the is performed on the basis of cost-plus, Work or caused by the event giving rise to CONTRACTOR's fee shall be determined as set the Claim. forth in the Agreement. When the value of any Work covered by a Change Order orwhen a Claim j. When all the Work is performed for an adjustment in Contract Price is determined ' on the basis of cost-plus, the costs of on the basis of Cost of the Work, premiums for all Bonds and insurance CONTRACTOR's fee shall be determined as set CONTRACTOR is required by the forth in paragraph 12.01.C. Contract Documents to purchase and ' maintain. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined B. Costs Excluded: The term Cost of the pursuant to paragraphs 11.01.A and 11.01.6, 22Ao7000C CONDITIONS OF THE CONTRACT Jan 03 GENERAL CONDITIONS - PAGE 35 ' CONTRACTOR will establish and maintain re- adequate to cover CONTRACTOR's overhead and cords thereof in accordance with generally profit for each separately identified item. accepted accounting practices and submit in a form acceptable to ENGINEER an itemized cost C. OWNER or CONTRACTOR may make a breakdown together with supporting data. Claim for an adjustment in the Contract Price in accordance with the Construction Contract. ' 11.02 Cash Allowances paragraph %. if: A. It is understood that CONTRACTOR has 1. the quantity of any item of Unit Price included in the Contract Price all allowances so Work performed by CONTRACTOR differs named in the Contract Documents and shall cause materially and significantly from the estimated the Work so covered to be performed for such quantity of such item indicated in the sums as may be acceptable to OWNER and Agreement; and ENGINEER. CONTRACTOR agrees that: 2. there is no corresponding adjustment 1. the allowances include the cost to with respect any other item of Work, and CONTRACTOR (less any applicable trade discounts) of materials and equipment 3. if CONTRACTOR believes that required by the allowances to be delivered at CONTRACTOR is entitled to an increase in the Site, and all applicable taxes; and Contract Price as a result of having incurred additional expense or OWNER believes that ' 2. CONTRACTOR's costs for unloading OWNER is entitled to a decrease in Contract and handling on the Site, labor, installation Price and the parties are unable to agree as to costs, overhead, profit, and other expenses the amount of any such increase or decrease. contemplated for the allowances have been ' included in the Contract Price and not in the 11.04 Cost of Work (Based on Time Materials, allowances, and no demand for additional and Equipment and CONTRACTOR's payment on account of any of the foregoing Overhead and Profit): will be valid. A. General: The term "Cost of Work" shall B. Prior to final payment, an appropriate mean the sum of all costs necessarily incurred and Change Order will be issued as recommended by paid by the CONTRACTOR for labor, materials, ENGINEER to reflect actual amounts due and equipment plus CONTRACTOR's overhead, CONTRACTOR on account of Work covered by and profit in the proper performance of Work. allowances, and the Contract Price shall be Except as otherwise may be agreed to in writing by correspondingly adjusted. the OWNER, such costs shall be in amounts no ' higher than those prevailing in the locality of the 11.03 Unit Price Work Project. A. Where the Contract Documents provide B. Labor: The cost of labor used in that all or part of the Work is to be Unit Price performing Work by the CONTRACTOR, a Work, initially the Contract Price will be deemed to Subcontractor, or other forces will be the sum of include for all Unit Price Work an amount equal to the following: ' the sum of the unit price for each separately identified item of Unit Price Work times the 1. The actual wages paid plus any employer estimated quantity of each item as indicated in the payments to, or on behalf of Workers for Agreement. The estimated quantities of items of fringe benefits including health and Unit Price Work are not guaranteed and are solely welfare, pension, vacation, and similar for the purpose of comparison of Bids and purposes. The cost of labor may include determining an initial Contract Price. Determina- the wages paid to foremen when I tions of the actual quantities and classifications of determined by the ENGINEER that the Unit Price Work performed by CONTRACTOR will services of foremen do not constitute a be made by ENGINEER subject to the provisions part of the overhead allowance as defined of paragraph 9.08. in Article 11.06, herein. ' B. Each unit price will be deemed to include 2. To the actual wages, as defined in an amount considered by CONTRACTOR to be paragraph 11.04B(1), herein, will be ' 22A-070006 CONDITIONS OF THE CONTRACT Jan 03 GENERAL CONDtTtONS - PAGE 36 ' added a labor surcharge set forth in the 4. If in the opinion of the ENGINEER the California Department of Transportation cost of material is excessive, or the publication entitled Labor Surcharge and CONTRACTOR does not furnish Equipment Rates,which is in effect on the satisfactory evidence of the cost of such date upon which the Work is material, then the cost shall be deemed to accomplished and which is hereby be the lowest current wholesale price for ' included as a part of these General the quantity concerned delivered to the Conditions by this reference thereto. Said Work site less trade discount. The labor surcharge shall constitute full OWNER reserves the right to furnish compensation for all payments imposed materials for the extra Work and no claim ' by the State and Federal laws and for all shall be made by the CONTRACTOR for other payments made to, or on behalf of, costs, overhead, and profit on such the Workers, other than actual wages as materials. defined in paragraph 11.04B(1), herein, and subsistence and travel allowance as D. Equipment: The CONTRACTOR will be specified in paragraph 11.04B(3), herein. paid for the use of equipment at the rental rate listed for such equipment specified in the ' 3. The amount paid for subsistence and Supplementary General Conditions. Such rental travel required by collective bargaining rate will be used to compute payments for agreements, or in accordance with the equipment whether the equipment is under the regular practice of the employer. CONTRACTOR's control through direct OWNERSHIP, leasing,renting,or another method At the beginning of the extra work and as later of acquisition. The rental rate to be applied for use requested by the ENGINEER,the CONTRACTOR of each items of equipment shall be the rate shall furnish the ENGINEER proof of labor resulting in the least total cost to the OWNER for compensation rates being paid. the total period of use. If it is deemed necessary by the CONTRACTOR to use equipment not listed C. Materials: The cost of materials used in in the foregoing publication, an equitable rental performing Work will be the cost to the purchaser, rate for the equipment will be established by the whether CONTRACTOR or Subcontractor, from ENGINEER.The CONTRACTOR may furnish cost J the supplier thereof, except as the following are data which might assist the ENGINEER in the applicable: establishment of the rental rate. 1. Trade discounts available to the 1. All equipment shall, in the opinion of the purchaser shall be credited to the ENGINEER, be in good working condition OWNER notwithstanding the fact that and suitable for the purpose for which the ' such discounts may not have been taken equipment is to be used. by the CONTRACTOR. 2. Before construction equipment is used on ' 2. For materials secured by other than a the extra Work, the CONTRACTOR shall direct purchase and direct billing to the plainly stencil or stamp an identifying purchaser,the cost shall be deemed to be number thereon at a conspicuous the price paid to the actual supplier as location, and shall furnish to the ' determined by the ENGINEER. Markup ENGINEER, in duplicate, a description of except for actual costs incurred in the the equipment and its identifying number. handling of such materials will not be allowed. 3. Unless otherwise specified, ' manufacturer's ratings and manufacturer 3. Payment for materials from sources approved modifications shall be used to owned wholly or in part by the purchaser classify equipment for the determination shall not exceed the price paid by the of applicable rental rates. Equipment purchaser for similar materials from said which has no direct power unit shall be sources on extra work items orthe current powered by a unit of at least the minimum wholesale price for such materials rating recommended by the manufacturer. delivered to the Work site, whichever price is lower. 4. Individual pieces of equipment or tools having a replacement value of $200 or ' 22A-07WGC CONDITIONS OF THE CONTRACT J.�03 GENERAL CONDITIONS - PAGE 37 ' less, whether or not consumed by use, established by collective bargaining shall be considered to be small tools and agreements for the type of workers and no payment will be made therefor. location of the extra work, whether or not the operator is actually covered by such 5. Rental time will not be allowed while an agreement. A labor surcharge will be equipment is inoperative due to added to the cost of labor described ' breakdowns. herein in accordance with the provisions of paragraph 11.046, herein, which E. Equipment on the Work: The rental time surcharge shall constitute full to be paid for equipment on the Work shall be the compensation for payments imposed by ' time the equipment is in productive operation on state and federal laws and all other the extra Work being performed and, in addition, payments made to on behalf of workers shall include the time required to move the other than actual wages. ' equipment to the location of the extra Work and return it to the original location or to another 6. To the direct cost of equipment rental and location requiring no more time than that required labor, computed as provided herein, will to return it to its original location; except, that be added the allowances for equipment moving time will not be paid if the equipment is rental and labor as provided in Article used on other than the extra Work, even though 11.06 herein. located at the site of the extra Work. Loading and transporting costs will be allowed,in lieu of moving 11.05 Special Services: time, when the equipment is moved by means other than its own power, except that no payment A. Special Work or services are defined as will be made for loading and transporting costs that Work characterized by extraordinary ' when the equipment is used at the site of the extra complexity, sophistication, or innovation or a Work on other than the extra Work. The following combination of the foregoing attributes which are shall be used in computing the rental time of unique to the construction industry. The following equipment on the Work. may be considered by the ENGINEER in making estimates for payment for special services: 1. When hourly rates are listed, any part of an hour less than 30 minutes of operation 1. When the ENGINEER and the shall be considered to be 1/2-hour of CONTRACTOR,by agreement,determine ' operation, and any part of an hour greater that a special service or Work is required than 30 minutes will be considered one which cannot be performed by the forces hour of operation. of the CONTRACTOR or those of any of its Subcontractors, the special service or ' 2. When daily rates are listed, any part of a Work may be performed by an entity day less than 4 hours operation shall be especially skilled in the Work to be considered to be 1/2-day of operation. performed. After validation of invoices ' and determination of market values by the 3. When OWNER-operated equipment is ENGINEER, invoices for special services used to perform extra Work to be paid for or Work based upon the current fair on a time and materials basis, the market value thereof may be accepted ' CONTRACTOR will be paid for the without complete itemization of labor, equipment and operator, as set forth in material, and equipment rental costs. Subparagraphs(4),(5), and(6),following: ' 2. When the CONTRACTOR is required to 4. Payment for the equipment will be made perform Work necessitating special in accordance with the provisions in fabrication or machining process in a paragraph 11.04D, herein. fabrication or a machine shop facility away from the job site, the charges for that 5. Payment for the cost of labor and portion of the Work performed at the subsistence or travel allowance will be off-site facility may, by agreement, be made at the rates paid by the accepted as a special service and ' CONTRACTOR to other workers accordingly, the invoices for the Work operating similar equipment already on may be accepted without detailed the Work, or in the absence of such labor, itemization. 22A-070000 CONDITIONS OF THE CONTRACT Jan 03 GENERAL CONDITIONS - PAGE 38 ' Subcontractor, to which the CONTRACTOR may 3. All invoices for special services will be add 5 percent of the Subcontractor's total cost for adjusted by deducting all trade discounts the extra Work. Regardless of the number of offered oravailable,whetherthe discounts hierarchical tiers of Subcontractors, the 5-percent were taken or not. In lieu of the increase above the Subcontractor's total cost allowances for overhead and profit which includes the allowances for overhead and ' specified in Article 11.06, herein, an profit specified herein may be applied one time allowance of 5 percent will be added to only for each separate Work transaction. No invoices for special services. markup allowance will be made for sub-subcontractors or below. B. All Work performed hereunder shall be subject to all of the provisions of the Contract Documents and the CONTRACTOR's sureties ARTICLE 12-CHANGE OF CONTRACT PRICE; shall be bound with reference thereto as under the CHANGE OF CONTRACT TIMES ' original Agreement. Copies of all amendments to surety bonds or supplemental surety bonds shall be submitted to the OWNER for review priorto the ' performance of any Work hereunder. 11.06 CONTRACTOR's Overhead and Profit: A. The Gontraet Priee may only be changed ' A. Work ordered on the basis of time and Any Glairn for an adjustment in the Gemtraet Pr ee materials will be paid for at the actual necessary shall be based on wrttlert netiee submitted by the cost as determined by the ENGINEER, plus party making the Glaim to the ENGINEER and the allowances for overhead and profit. For extra work ' involving a combination of increases and provis ons of paragraph 10.05. decreases in the Work the actual necessary cost will be the arithmetic sum of the additive and B. The value of any Work covered by a deductive costs. The allowance for overhead and Gha"ge Ordoreretany Gla rn for an adjustment on profit shall include full compensation for the Gentreet^ ee w 11 be d_._____d as follows! ' 1 superintendence, bond and insurance premiums, taxes, office expense, and all other items of 1. where the Work involved Fs eavered by ' expense or cost not included in the cost of labor, unit prices earttained in the Gentreet materials, or equipment provided for under Paragraphs 11.046, 11.04C, and 11.04D, herein to the quantities of the iterns involved(subjeet including extended overhead and home office to the provisions of paragraph 11.03 ); eF ' overhead. The allowance for overhead and profit will be made in accordance with the following 2. wheFe the Work involved as met eov- schedule: (whieh may inelude an allowance foF overhead ' ACTUAL NECESSARY OVERHEAD AND COST PROFITALLOWANCE Labor 20 percent 3. where the WeFit 'rive'ved is not eev Materials 15 percent Equipment 15 percent ' Subcontracts (1"tier) 5 percent not reaehed tinder paragraph 12.01qB.2-.-eft the basms of the Cost of the W0+ (determined ' B. It is understood that labor, materials, and pids 9 GONTRASTE)R's fee for overhead end equipment may be furnished by the CONTRACTOR or by the Subcontractor on behalf 11.06). of the CONTRACTOR. When all or any part of the ' extra Work is performed by a Subcontractor, the 6. G6NTRAGTOR's fee:The allowance specified herein shall be applied to the labor, materials, and equipment costs of the be determined as prev ded in paragraph 11.86.. ' 22A-0700GC CONDITIONS OF THE CONTRACT Jan 03 GENERAL CONDITIONS - PAGE 39 1 ' services of an independent testing laboratory to 12.02 Change of Contract Times perform all inspections, tests, or approvals required by the Contract Documents except: ' i A. The Contract Times (or Milestones) may J only be changed by a Change Order or by a 1. for inspections, tests, or approvals Written Amendment. Any Claim for an adjustment covered by paragraphs 13.03.0 and 13.03.D ' in the Contract Times (or Milestones) shall be below; based on written notice submitted by the party making the claim to the ENGINEER and the other 2. that costs incurred in connection with party to the Contract in accordance with the tests or inspections conducted pursuant to ' provisions of the Construction Contract. paragraph 13.04.B shall be paid as provided paragraph 10.95. in said paragraph 13.04.6; and B. Any adjustment of the Contract Times (or 3. as otherwise specifically provided in ' Milestones) covered by a Change Order or of any the Contract Documents. Claim for an adjustment in the Contract Times (or Milestones)will be determined in accordance with C. If Laws or Regulations of any public body ' the provisions of this Article 12 and the having jurisdiction require any Work (or part Construction Contract. thereof)specifically to be inspected,tested, or ap- proved by an employee or other representative of such public body, CONTRACTOR shall assume ' ARTICLE 13 - TESTS AND INSPECTIONS; full responsibility for arranging and obtaining such CORRECTION, REMOVAL, OR ACCEPTANCE inspections, tests, or approvals, pay all costs in OF DEFECTIVE WORK connection therewith, and furnish ENGINEER the required certificates of inspection or approval. 13.01 Notice of Defects D. CONTRACTOR shall be responsible for arranging and obtaining and shall pay all costs in ' A. Prompt notice of all defective Work of connection with any inspections, tests, or approv- 1 which OWNER or ENGINEER has actual als required for OWNER's and ENGINEER's knowledge will be given to CONTRACTOR. All acceptance of materials or equipment to be defective Work may be rejected, corrected, or incorporated in the Work; or acceptance of ' accepted as provided in this Article 13. materials,mix designs,or equipment submitted for approval prior to CONTRACTOR's purchase 13.02 Access to Work thereof for incorporation in the Work. Such inspections,tests,or approvals shall be performed ' A. OWNER, ENGINEER, Design Engineers, by organizations acceptable to OWNER and other representatives and personnel of OWNER, ENGINEER. independent testing laboratories, and govern- mental agencies with jurisdictional interests will E. If any Work (or the work of others)that is have access to the Site and the Work at to be inspected, tested, or approved is covered by reasonable times for their observation, inspecting, CONTRACTOR without written concurrence of and testing. CONTRACTOR shall provide them ENGINEER, it must, if requested by ENGINEER, proper and safe conditions for such access and be uncovered for observation. advise them of CONTRACTOR's Site safety proceduresand programs so that they may comply F. Uncovering Work as provided in therewith as applicable. paragraph 13.03.E shall be at CONTRACTOR's ' expense unless CONTRACTOR has given 13.03 Tests and Inspections ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has A. CONTRACTOR shall give ENGINEER not acted with reasonable promptness in response timely notice of readiness of the Work for all to such notice. required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to 13.04 Uncovering Work ' facilitate required inspections or tests. A. If any Work is covered contrary to the B. OWNER shall employ and pay for the written request of ENGINEER,it must, ifrequested ' 22A47000C CONDITIONS OF THE CONTRACT Jen 03 GENERAL CONDITIONS -PAGE 40 ' by ENGINEER, be uncovered for ENGINEER's A. CONTRACTOR shall correct all defective observation and replaced at CONTRACTOR's Work, whether or not fabricated, installed, or expense. completed, or, if the Work has been rejected by ENGINEER, remove it from the Project and B. If ENGINEER considers it necessary or replace it with Work that is not defective. advisable that covered Work be observed by CONTRACTOR shall pay all Claims,costs, losses, ' ENGINEER or inspected or tested by others, and damages (including but not limited to all fees CONTRACTOR, at ENGINEER's request, shall and charges of ENGINEERS, architects, uncover, expose, or otherwise make available for attorneys, and other professionals and all court or observation, inspection, or testing as ENGINEER arbitration or otherdispute resolution costs)arising ' may require, that portion of the Work in question, out of or relating to such correction or removal furnishing all necessary labor, material, and (including but not limited to all costs of repair or equipment. If it is found that such Work is replacement of work of others). defective, CONTRACTOR shall pay all Claims, ' costs, losses, and damages (including but not 13.07 Correction Period limited to all fees and charges of ENGINEERS, architects, attorneys, and other professionals and A. If within one year after the date of all court or arbitration or other dispute resolution Substantial Completion or such longer period of costs)arising out of or relating to such uncovering, time as may be prescribed by Laws or Regulations exposure,observation,inspection,and testing,and or by the terms of any applicable special of satisfactory replacement or reconstruction guarantee required by the Contract Documents or ' (including but not limited to all costs of repair or by any specific provision of the Contract replacement of work of others);and OWNER shall Documents, any Work is found to be defective, or be entitled to an appropriate decrease in the if the repair of any damages to the land or areas Contract price. If the parties are unable to agree made available for CONTRACTOR's use by ' as to the amount thereof, OWNER may make a OWNER or permitted by Laws and Regulations as Claim therefor as provided in the Construction contemplated in paragraph 6.11.A is found to be Contract.paragraph 10.05.If,however,such Work defective, CONTRACTOR shall promptly,without ' is not found to be defective, CONTRACTOR shall costto OWNER and in accordance with OWNER's be allowed an increase in the Contract Price or an written instructions: (1) repair such defective land extension of the ContractTimes(or Milestones),or or areas, or (ii) correct such defective Work or, if both, directly attributable to such uncovering, the defective Work has been rejected by OWNER, ' exposure, observation, inspection, testing, remove it from the Project and replace it with Work replacement, and reconstruction. If the parties are that is not defective, and (iii) satisfactorily correct unable to agree as to the amount or extent thereof, or repair or remove and replace any damage to CONTRACTOR may make a Claim therefor as other Work, to the work of others or other land or ' provided in the Construction Contract. paragraph areas resulting therefrom. If CONTRACTOR does q&95. not promptly comply with the terms of such instruc- tions, or in an emergency where delay would ' 13.05 OWNER May Stop the Work cause serious risk of loss or damage, OWNER may have the defective Work corrected or repaired A. If the Work is defective, or or may have the rejected Work removed and CONTRACTOR fails to supply sufficient skilled replaced, and all Claims, costs, losses, and ' workers or suitable materials or equipment,or fails damages (including but not limited to all fees and to perform the Work in such a way that the charges of ENGINEERS, architects, attorneys, completed Work will conform to the Contract and other professionals and all court or arbitration Documents, OWNER may order CONTRACTOR or other dispute resolution costs) arising out of or to stop the Work, or any portion thereof, until the relating to such correction or repair or such cause for such order has been eliminated; removal and replacement(including but not limited however, this right of OWNER to stop the Work to all costs of repair or replacement of work of ' shall not give rise to any duty on the part of others) will be paid by CONTRACTOR. OWNER to exercise this right for the benefit of CONTRACTOR, any Subcontractor,any Supplier, B. In special circumstances where a particu- any other individual or entity, or any surety for, or lar item of equipment is placed in continuous ' employee or agent of any of them. service before Substantial Completion of all the Work, the correction period for that item may start 13.06 Correction or Removal of Defective Work to run from an earlier date if so provided in the ' 22A-07DDGc CONDITIONS OF THE CONTRACT J.�03 GENERAL CONDITIONS - PAGE 41 Specifications or by Written Amendment. dance with the Contract Documents, or if CONTRACTOR fails to comply with any other C. Where defective Work (and damage to provision of the Contract Documents, OWNER other Work resulting therefrom) has been may, after seven days written notice to corrected or removed and replaced under this CONTRACTOR, correct and remedy any such paragraph 13.07, the correction period hereunder deficiency. ' with respect to such Work will be extended for an additional period of one year after such correction B. In exercising the rights and remedies or removal and replacement has been under this paragraph, OWNER shall proceed satisfactorily completed. expeditiously. In connection with such corrective ' and remedial action, OWNER may exclude D. CONTRACTOR's obligations under this CONTRACTOR from all or part of the Site, take paragraph 13.07 are in addition to any other possession of all or part of the Work and suspend obligation or warranty. The provisions of this CONTRACTOR's services related thereto, take ' paragraph 13.07 shall not be construed as a possession of CONTRACTOR's tools.appliances, substitute for or a waiver of the provisions of any construction equipment and machinery at the Site, applicable statute of limitation or repose. and incorporate in the Work all materials and ' equipment stored at the Site or for which OWNER 13.08 Acceptance of Defective Work has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, A. If,instead of requiring correction orremov- OWNER's representatives, agents and employ- al and replacement of defective Work, OWNER ees, OWNER's other CONTRACTORS, and (and, prior to ENGINEER's recommendation of ENGINEER and Design Engineers access to the final payment, ENGINEER) prefers to accept it. Site to enable OWNER to exercise the rights and OWNER may do so, CONTRACTOR shall pay all remedies under this paragraph. ' Claims, costs, losses,and damages(including but not limited to all fees and charges of ENGINEERS, C. All Claims, costs, losses, and damages architects, attorneys, and other professionals and (including but not limited to all fees and charges of all court or arbitration or other dispute resolution ENGINEERS, architects, attorneys, and other costs)attributable to OWNER's evaluation of and professionals and all court or arbitration or other determination to acceptsuch defective Work(such dispute resolution costs) incurred or sustained by costs to be approved by ENGINEER as to OWNER in exercising the rights and remedies ' reasonableness) and the diminished value of the underthis paragraph 13.09will be charged against Work to the extent not otherwise paid by CONTRACTOR, and a Change Order will be CONTRACTOR pursuant to this sentence. If any issued incorporating the necessary revisions in the such acceptance occurs prior to ENGINEER's Contract Documents with respecttothe Work: and ' recommendation of final payment,a Change Order OWNER shall be entitled to an appropriate will be issued incorporating the necessary decrease in the Contract Price. If the parties are revisions in the Contract Documents with respect unable to agree as to the amount of the to the Work, and OWNER shall be entitled to an adjustment, OWNER may make a Claim therefor appropriate decrease in the Contract Price, as provided in the Construction Contract. reflecting the diminished value of Work so paragraph 10.05. Such claims, costs, losses and accepted. If the parties are unable to agree as to damages will include but not be limited to all costs ' the amount thereof, OWNER may make a Claim of repair, or replacement of work of others therefor as provided in the Construction Contract. destroyed or damaged by correction, removal, or paragraph 10-05. If the acceptance occurs after replacement of CONTRACTOR's defective Work. such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. D. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) 13.09 OWNER May Correct Defective Work because of any delay in the performance of the Work attributable to the exercise by OWNER of ' A. If CONTRACTOR fails within a reasonable OWNER's rights and remedies under this time after written notice from ENGINEER to paragraph 13.09. correct defective Work or to remove and replace ' rejected Work as required by ENGINEER in accor- dance with paragraph 13.06.A, or if CONTRACTOR fail%to perform the Work in accor- ARTIGLE 14 PAYMENTS TO 60NTRA6TeR ' 22A-070occ CONDITIONS OF THE CONTRACT Jan 03 GENERAL CONDITIONS - PAGE 42 OR V MONO WINAM, ,40 .............. .......... IF .............. 1"i Own 4"M INE-00-0- ............. Wlok"M' -lag.i'lli'milm ............ ........... Wp� WIN" NIP.m "410 jop NO ---------------- elll— by 1— the payment of warkers' fl at}err 17.07 Unpaid Claims: 11 4)T A If, at any time prior to the expiration of ' - the period for service of a Stop Notice, there is A -1 Ile GONTRAGTOR she'!eernplywith a" served upon the OWNER a Stop Notice as applicable provisions of Seetiom 4;1;17.5 and provided in Sections 3179 through 3210 of the 1.777q6 of the Galifornis Labor Gode Foisting to Civil Code of the State of California,the OWNER ■ employment of apprentiees on publie works. shall, until the discharge thereof, withhold from the moneys under its control so much of said moneys due or to become due the CONTRACTOR under this Contract as shall be sufficient to answer the claim stated in such stop applieable provisions of Seetion 1810 to 1815, notice and to provide for the reasonable cost of any litigation thereunder, provided, that if the ' ENGINEER shall, in its discretion, permit the CONTRACTOR to file with the OWNER the worker employed in the exectition of th-, bond referred to in Section 3196 of the Civil Gentraet by the GE)NTRAeTeR or by any sub Code of the State of California, said moneys shall not thereafter be withheld on account of w1glell sue" workeF 69 required OF pefmitted to such Stop Notice. vverk more then 8 hours in any one ealendeF day nd 40 hours in any one ealender week, unless 17.08 Concrete Forms, Falsework,and Shoring: V"VorkeJ L O L. at __ _ LLQ... The CONTRACTOR shall comply fully with the requirements of Section 1717 of the 17.05 00,04TRAGTOR Not RespansibleFaf Construction Safety Orders, State of California, Department of Industrial Relations,regarding the design of concrete forms,falsework and shoring, and the inspection of same prior to placement of concrete. Where the said Section 1717 requires the services of a civil ENGINEER registered in GEIP4T-RAe:,EIR 5hall not be Fespensible for the the State of California to approve design elost of repairing or festering darnage te the calculations and working drawings of the War't whieh damage 69 determined to have been falsework or shoring system, or to inspect such system prior to placement of concrete, the provided, CONTRACTOR shall employ a registered civil that the Work darnaged wa5 built an seeardenee ENGINEER for these purposes, and all costs witl- accepted and applicable building standards therefor shall be included in the price named in andthe plans and speeifications of the OWNER. the Contract for completion of the Work as set The TRACTOR she'! -____ to forth in the Contract Documents. -e "ANER for any daiiage to the 47-69 schedule for the Work. For purposes of this A Pursuant to C`__L:__ Inn of the Section,the teFFM"sets of God"shall include only 6alifern6a Perbiie 6entraet 6ede,he effeets! earthquakes n excess of a Fmagnitude of meney withheld by the OWNER to 3.5on the RiehteF Scale, J tidal and expense of the GE)NTRAG:FeR, seemities 17.06 Notice of Completion: equivalent to the arnotint withheld Mta*—be A In accordance with the Sections 3086 federally ehnrtered bamk as the escrow agent, and 3093 of the California Civil Code, within 10 who shall return stieh secunfies to the days after date of acceptance of the Work by the OWNER's governing body, the OWNER will file, in the County Recorder's office, a Notice of Completion of the Work. agreement for in Ileti coistrdetion payment 2ZA-0700GC CONDITIONS OF THE CONTRACT An 03 GENERAL CONDITIONS - PAGE 49 retention provided by the eWNER between the following basis: escrow agent and the OWNER which provides "at no port"on of the Seftffities shall be Paid to 1. A certified copy of an ernpleyee's payroll the Ge TRAGTE)R the GYM ER has record shall 1 Javailable L fe request.eeft*fied to the escrow agent, in writing, that the inspeetien or furnished to the employee Gopitfeet has been satisfactorily completed. The of his or her atither zed representative OWNER w 11 not certify that the Gentract has on dsytr�-ftter fifing by the EMNER of a Notice o 2. A certified copy of all payroll records �_ornpletiom. Securities eligible '-or :nvestmen enumerated in Article 17.41IA L ' under Public G ♦ Gods _J_ C__♦'- n 22380 shall she"be made available for inspeetion ff U11 be "rnited to these listed in Section q 6430 of the ftj rn UPOM request to a Government Gode and to bank or savings and representative of the body award ng-tfte loom certificates of deposit. int the F)Msion L Labor Standards mt J J enforcement, and the Div 17.10 Public Works Contracts; Assignment to Apprenticeship Standards of the Awarding Body: Bepartrnemt of Industrial Relations. A In accordance with Section 7103 of the 3. A certified copy of all payroll records- California Public Contract Code(Stats. of 1990), enumerated an Article 17.1 I " here n, the CONTRACTOR and Subcontractors shall shall be made available upon request by conform to the following requirements. In the public for inspection or copies entering into a public works contract or a thereof rnade; provided, however,that a subcontract to supply goods, services, or materials pursuant to a public works contract, through either the body awardimg the the CONTRACTOR or subcontractor offers and contract, the E)vision of Apprent ceship 1� agrees to assign to the awarding body all rights, 6tandards, or the Bvvis an of Labor title, and interest in and to all causes of action it Standards Enforcement If the may have under Section 4 of the Clayton Act(15 requested payroll records have not been U.S.C. Sec. 15) or under the Cartwright Act , (Chapter 2(commencing with Section 16700)of herein, the requesting party shall, prior Part 2 Division 7 of the Business and to being provided the records,reirnburse Professions Code), arising from purchases of the costs of preparation by the goods, services, or materials nr)ATnAGT-E)R subcontractors,__J the g pursuant to the public works contract or the subcontract. This entity through which the request was assignment shall be made and become effective Fnade. The pubi e shall not be given at the time the awarding body tenders final access to the Feeo payment to the CONTRACTOR, without further office of•L- GO T A G-OR acknowledgment by the parties. � E Each GE)P4:FRnE'r(�1'��—shall file 8 certified copy of the records, enumerated in NoncompMence Panaities; Rules a requested the records withn 110 days after Rogdlationg receipt of a written request. Each RAG:FE) l and subcontractor D Any copy of records rnade available for 9"fall keep an accurate payroll record, showing M nspeetion as copies and furnished upon reques 4�n8flle, address, social seeurity number,Mfk to the public or any public agency by thee L.-.,ht time and overtime hotirs awarding body, the 9avision of Apprenticeship work , . . I �ek, and the settial per Standards, or the Divis6on of Labor Standards -1--id to each journeyman, r_L_-_erne_ ! be marked of _Lr♦ erated app,entiee,work L. KeF,of other employee ernployed such a manner as to prevent d selostire of an by hin.oi hei in connection with th_- public work. W nd6v6dual's address, and social security The ' J JJress L the . GONTRASTOR awarded the contract a A lde 117.11A shall be eertfied J �d- E The GE) T-RA6T(DR _L_-- the 22A- 7000C CONDITIONS OF THE CONTRACT Jan Q3 GENERAL CONDITIONS - PAGE 50 body awarding the eentfeet of the laeation of the Fetention foF failtire to submit payfolls for any reeords enumerated under Artiele 17.1111A, menthly pee ad will be released for pay iient em. herein, imeluding the street address, OWNER the menthly estarnate for partial payments next and eounty, and she'!, within 5 warking days. following the date that a" the satisfactory provide a metiee of a ehange of loestion and payrolls for whieh the retention was made are address. submitted. F In the evemt of noneernplanee with 17.12 Cultural Resources: have 10 days whieh to eernp4y The CONTRACTOR's attention is directed to the provisions of the Clean Water Grant Program Bulletin 76A which augments the National Historic Preservation Act of 1966(16 U.S.C.470 96till be evident after the 10 day peried, the as specified under Section entitled, "Temporary Environmental Controls" of the General or political subdivision on whose behalf the Requirements. Je or -Jed L_1_:1 26 d o ll afs 17.13 Protection of Workers in Trench Excavations: effeetuated. Upon the request of the Division e AppFentieeship Stemdards or the sivision of A As required by Section 6705 of the Labor Standards Emforee-nemt, these penalties California Labor Code and in addition thereto, shall be withheld frorn progress payments then whenever work under the Contract involves the due. excavation of any trench or trenches 5 feet or more in depth, the CONTRACTOR shall submit 6 Gopy of all payrolls shall be submitted for acceptance by the OWNER or by a weeklyto the ENGINEER. Payrolls shall conta m registered civil or structural ENGINEER, the full naiie, address and soemal seetift, employed by the OWNER, to whom authority to number of each employee, his or her corree accept has been delegated, in advance of a , rate of pay, daily and week' excavation, a detailed plan showing the design numbef of h_..-_ ..._d._JOternzed deductions of shoring, bracing, sloping, or other provisions niede and actual wages paid. They shall also to be made for worker protection from the hazard of caving ground during the excavation, of such trench or trenches. If such plan varies social seetifity nurnber need only appear em thee from the shoring system standards established first payroll an which his name appears. The by the Construction Safety Orders of the Division payFoll shall be secornpamied by a"Statement of of Industrial Safety, the plan shall be prepared Gempfienee"signed by the employer or its agen by a registered civil or structural ENGINEER 0 nd eating that the payfells are correct and employed by the CONTRACTOR, and all costs earnplete and that the wage rates eentaimed therefor shall be included in the price named in thefe4n are not less then these required by the the Contract for completion of the Work as set forth in the Contract Documents. Nothing in this be an forms furnished by the E)WNER oF on any Section shall be deemed to allow the use of a form with ident cal werdinqThe c)eP4:FRAGT-E)R shoring, sloping, or other protective system less shall be responsible forthe submission of copies effective than that required by the Construction of payfolls of all stibeentracters. Safety Orders. Nothing in this Section shall be construed to impose tort liability on the OWNER, 1 1 if by the 16th of the menth, the ENGINEER, or any of their officers, agents, 1 representatives, or employees. payrells for all work peFformied during thee mamthly period ending an OF before the !at e 17.14 T;�qBl eflel Subsistence pe)-. that month, the EYA'NER will retain an amount equal te 19 per ent-1 the--i—ted val-le of t1gre A As Fequ red by Section 1:773-8 of the wark performed duriffig 'He mon" from the next r._ f_-_ _ Labor Gode the GGP :FRaGTGR shall menthly estimate, exeept that sueh retemben pay travel a id subsistenee payments to eseh shall not exeeed $10,880 ner be less than worker needed to exectite the Work, as sueh $1,080. Reteitions for fai'ure to—stibrn6 travel and subsistemee payments are defined in other retentions pfavided for n the eentfact. Thefiled J with this /A1 22Ao7000G CONDITIONS OF THE CONTRACT Jan 03 GENERAL CONDITIONS - PAGE 51 To establish_ ._h.-_. _ and subsostemee plans or specifications, he or she shall psyments, the representative of any eFaft, immediately notify the public agency and utility in elassifiestion of type of wofItman needed to writing. emeeute the eemtraets shall file with the � ) E The public utility, where they are the OWNER, shall have the sole discretion to e'assFfieatiom or type of work perform repairs or relocation work or permit the nvolved, S—,,eh agreements sl�all be filed within CONTRACTOR to do such repairs or relocation 1E)days afteF them Femecution and thereEkftershall work at a reasonable price. whemever ffled 30 days prior to the eal for bids. 17.16 Contracts for Digging Trenches or 17.15 Removal, Relocation, or Protection of Excavations; Notice on Discovery of Hazardous Existing Utilities: Waste or Other Unusual Conditions; Investigations;Change Orders;Effect on Contract A In accordance with the provisions of Section 4215 of the California Government A As required under Section 7104 of the Code, any contract to which a public agency as Public Contracts Code (Stats. of 1990), in any defined in Section 4401 is a party, the public public works contract of a local public entity agency shall assume the responsibility, between which involves digging trenches or other the parties to the contract, for the timely excavations that extend deeper than four feet removal, relocation, or protection of existing below the surface shall be subject to the main or trunkline utility facilities located on the following conditions: The CONTRACTOR shall site of any construction project that is a subject promptly, and before the conditions specified in of the contract, if such utilities are not identified Section 7104(a), therein, are disturbed, notify by the public agency in the plans and the public entity in writing, of any of the specifications made apart of the invitation for conditions described in Section 7104(a)(1) bids. The agency will compensate the through 7104(a)(3).. CONTRACTOR for the costs of locating, repairing damage not due to the failure of the CONTRACTOR to exercise reasonable care, END OF GENERAL CONDITIONS and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment on the project necessarily idled during such work. B The CONTRACTOR shall not be assessed liquidated damages for delay in completion of the project,when such delay was caused by the failure of the public agency or the OWNER of the utility to provide for removal or ' relocation of such utility facilities. C Nothing herein shall be deemed to require the public agency to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the construction project can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve the public agency from identifying main or trunk lines in the plans and specifications. ' D If the CONTRACTOR while performing the contract discovers utility facilities not identified by the public agency in the contract 22A-0700GC CONDITIONS OF THE CONTRACT Jan 03 GENERAL CONDITIONS- PAGE 52 CONDITIONS OF THE CONTRACT SUPPLEMENTARY GENERAL CONDITIONS GENERAL These Supplementary General Conditions make additions, deletions, or revisions to the General Conditions, as indicated herein. All provisions which are not so added, deleted, or revised remain in full force and effect. Terms used in these Supplementary General Conditions which are defined in the General Conditions have the same meanings assigned to them in the General Conditions. ARTICLE 3 - CONTRACT DOCUMENTS; INTENT, AMENDING, AND REUSE 3.01 Intent: The following paragraph F shall be added to Article 3.01 of the General Conditions: D The location of the Work, its general nature and extent, and the form and general dimensions of the Project and appurtenant works are shown on the Drawings, hereby made a part of these Contract Documents, as listed on the Drawings, entitled "Rancho Sierra Vista Storm Drain Replacement" dated prior to the date of opening bids. Drawing changes made subsequent to the date of opening bids shall only be issued under a Change Order, as provided in the Construction Contract. Artiele 10 of the Genera' C—enditiens. 5.01 Pei Fointance, Payment, a id offie. Bo da I . D The Performance Bond she" be extended to cover the one-year correction a d repair period for eorreetion or removal and replacement of defective work as provided under Article 13,07 of the Genera Conditions. 8aid Performance Bond shall be rnaonta'ned at not less then 15 pereent of the Gomtract Priee during said one-year extension. 1 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.06 Concerning Subcontractors, Suppliers, and Others: Add the following paragraph H to Article 6.06 of the General Conditions: CSIFORMAT A CONDITIONS OF THE CONTRACT .23A-0800SOC SUPPLEMENTARY GENERAL CONDITIONS Nov 2001 PAGE 1 H In addition to other provisions of Article 6.06 of the General Conditions, the Contractor shall perform not less than�,20 percent of the Work included in the original Contract Price with its own forces (i.e., without subcontracting), 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 original total Contract Price before computing the amount of work required to be performed by the Contractor with its own forces. When items of work in the Bid Schedule are preceded by the letter "S," such items are designated as "specialty Items." Where an entire item is subcontracted, the value of the work subcontracted will be based upon the contract item bid price. When a portion of an item is subcontracted, the value of the work ' subcontracted will be the estimated percentage of the contract item bid price , determined from the information submitted by the Contractor, subject to approval of the Engineer . The 20 percent requirement shall be understood to refer to the Work, the 1 value of which totals not less than the full Contract Price contract price. 6.08 Permits: Add the following paragraphs B, C, and D to Article 6.08 of the General Conditions: B Business License and Permits: All permits issued by the Owner shall be obtained by the Contractor, but will be paid by the Owner; provided, that prior to beginning the Work hereunder, the Contractor shall obtain and pay for a City of San Juan Capistrano business license. Except as otherwise provided herein, all permits j issued by other agencies and authorities having jurisdiction shall be obtained and paid for by the Contractor. C Building Permits: The Contractor shall obtain all licenses and shall assist in obtaining permits required to perform the Work of this project. The general Building Permit and Plan Check Fee will be paid for by the Owner. Other permit fees, including encroachment fees and electrical, mechanical, and plumbing permit fees will be paid directly by the Owner. No separate payment therefor will be allowed under the Contract 1 for any of the permits or fees under this Article. D Utility Fees: Utility connection fees, lateral fees, utility structure changes and tariffs, inspection fees, and similar utility-related fees will be paid for directly by the City. Annexation fees, flood control fees, pollution district fees, and similar fees will also be paid by the Owner. No separate payment therefor will be allowed under the Contract t� for any of the fees under this Article. ARTICLE 11 - PAYMENTS TO CONTRACTOR AND COMPLETION; CHANGE OF CONTRACT PRICE 11.04 Cost of Work (Based on Time, Materials, and Equipment and Contractor's Overhead and Profit). CS1FORMAT A CONDITIONS OF THE CONTRACT .23Aoe00scC SUPPLEMENTARY GENERAL CONDITIONS Nov 2001 PAGE Add the following wording to the end of Article 11.04, paragraph D of the General Conditions: Whenever under the terms of this Contract the Contractor is entitled to additional payment for the use of rental equipment, the Contractor will be paid for the use of the Equipment at the rental rate listed for such equipment specified in the current edition of the following reference publication: "Labor Surcharge and Equipment Rental Rates"as published by the State of California, Department of Transportation, Sacramento, CA. IARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ' ACCEPTANCE OF DEFECTIVE WORK 13.03 Tests and Inspections: Add the following paragraph G to Article 13.03 of the General Conditions: G All Special Inspections required under the provisions of the Building Code will be provided and paid for by the Owner. 14 PAYMENTS TO THE fA\ TC1 / TAR-AJ1 COMPLETION C otherwise due to the Contractor,Subparagraph 14.02A.3 of the General Conditions shall be ehanged to read as follows: 4. Thearnountof retainagewith respeetto progress payments shall be as follow&.- the Owner may retain a portion of the arnotint of each progress paymen as follows! payment.a. The Owner will retain 10 pereent of each approved progress paymen unto' the Work is 50 pereent eernplete; then, the Owmer may at its optiern b. The Owner reserves the right to reinstate up to 10 pereent retainage o the total of the Work dome mf the Owner determines, at its fteretwon, tha the Gontracter is not peftrming the Work satisfaetorily, or there Is othe specific cause for stieh retainage- Add the fol owing paragraph E to Article 14.02 as fol aws; E For a" long lead purehases of specially fabrieated materials or eqtiipment t I las b een delivered to the site and safely and securely stored in aecordance with the CSI FORMATA CONDITIONS OF THE CONTRACT x 3A-O6WSGC SUPPLEMENTARY GENERAL CONDITIONS Nov 2001 PAGE 3 "Materials . materials, pment," the ownerwill pay 50be made for any ecItfipine $5GG&40ftr&. - END OF SUPPLEMENTARY GENERAL CONDITIONS - i 1 r CSI FORMAT CONDITIONS OF THE CONTRACT x23A-08008GC SUPPLEMENTARY GENERAL CONDITIONS ' Nov 2001 PAGE 4 CITY OF SAN JUAN CAPISTRANO PART III - TECHNICAL SPECIFICATIONS �' RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT PROJECT ' DIVISION I GENERAL REQUIREMENTS 1 1. Demolition and Recycling Ordinance — Contractor shall comply with the requirements of the City's Demolition and Recycling Ordinance as shown in Appendix A. 2. Best Management Practices -- Contractor shall implement all applicable Best Management Practices (BMP) during the course of construction so as to comply with NPDES requirements. Applicable BMP's include but are not limited to those shown in Appendix B. r r 1 r r r r r r r r r � r r CITY OF SAN JUAN CAPISTRANO APPENDIX — A 1 Construction and Demolition Ordinance r r r �r ORDINANCE NO. 887 AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING CERTAIN PORTIONS OF CHAPTER 3 OF TITLE 6 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE REGARDING CONSTRUCTIONAND DEMOLITION DEBRIS RECYCLING (TITLE 6, CHAPTER 3). WHEREAS, Chapter 3 of Title 6 of the San Juan Capistrano Municipal Code regulates the storage, removal, transportation and disposal of solid waste; and, WHEREAS, the Code does not currently provide for the recycling or reuse of construction and demolition debris; and, WHEREAS, the volume of recyclable construction and demolition debris going to the landfills constitutes a threat to the public health, safety and welfare in that the available landfill capacity and sites are quickly diminishing; and, WHEREAS, the State of California, through the California Waste Management Act, AB 939 (California Public Resources Code Section 40000 et seq.), has mandated that cities in California make substantial reductions in the volume of waste material going to the landfills of this State; and, WHEREAS, the adoption of a construction and demolition debris ordinance is necessary to protect the public health, safety and welfare, and to achieve the goals of AB 939. THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO DOES HEREBY 1 ORDAIN AS FOLLOWS: SECTION 1. FINDINGS. The City Council of the City of San Juan Capistrano ' finds and determines as follows: (a) The State of California, through its California Waste Management Act of 1989, Assembly Bill 939 (AB 939), Public Resources Code §§ 40000 at seq., requires that each local jurisdiction in the state divert 50% of discarded materials from landfills commencing on January 1, 2000, and to maintain that level of diversion in subsequent years. (b) Senate Bill 1374 (Cpt. 501 Stats. 2002) requires the City to track construction and demolition waste generated in the City. (c) Every year construction and demolition wastes account for a significant amount of the City's total landfill disposal waste. Ordinance 887 1 11-18-2003 (d) Construction and demolition debris has significant potential for waste r reduction and recycling, and recycling Construction and demolition debris is essential to advance the City's efforts to reduce waste and comply with AB 939. (e) Except in unusual circumstances, it is feasible to divert a minimum of 50% of all Construction and demolition debris from construction, demolition and renovation projects. (f) The City accepted a condition to adopt a Construction and demolition debris Recycling Ordinance that was imposed by the California Integrated Waste Management Board when the City accepted the Board's approval of the City's SB 1066 ' time extension request. SECTION 2. Section 6-3.03 of the San Juan Capistrano Municipal Code (Definitions) is hereby amended by adding the following definitions: "Contractor" means any person or entity holding,, or required to hold, a contractor's license of any type under the laws of the State of Califomia, or who performs (whether as contractor, subcontractor or owner-builder) any construction, demolition, remodeling, or landscaping service relating to buildings or accessory structures in the City of San Juan Capistrano. "Construction, remodeling or demolition project" means the erection or demolition of or the making of changes to any building, structure or landscaping which generates construction and demolition debris. "Construction and Demolition Debris" shall mean used or discarded materials removed from premises during construction, renovation, remodeling, repair, or demolition operations on any pavement, house, 1 commercial or industrial building, or other structure and shall include, but not be limited to concrete, asphalt paving, asphalt roofing, lumber, gypsum board, rock, soil and metal. "Designated Recyclable and Reusable Materials" means all construction or demolition debris falling within any of the following categories: 1. Masonry building materials including all products generally used in construction including, but not limited to asphalt, concrete, rock, stone and brick. 2. Wood materials including any and all dimensional lumber, fencing or construction wood that is not chemically treated, creosoted, CCA pressure treated, contaminated or painted. ' 3. Vegetable materials including trees, tree parts, shrubs, stumps, 1 Ordinance 887 2 11-18-2003 S logs, brush or any other type of plants that are cleared from a site ' ) for construction or other use. 4. Metals including all metal scrap such as, but not limited to, pipes, siding, window frames, door frames and fences. 5. Roofing materials including wood shingles as well as asphalt, stone and slate based roofing material. 6. Salvageable materials includes all salvageable materials and structures including, but not limited to wallboard, doors, windows, fixtures, toilets, sinks, bath tubs and appliances. 7. Any other construction or demolition debris that is non-hazardous and available for recycling or reuse. "Diversion" means a reduction in the amount of waste being deposited in landfills by any of the following methods: 1. Use of new construction methods, approved by the Solid Waste Coordinator, that reduce the amount of construction and demolition waste generated. 2. On-site reuse of the construction and demolition debris. 3. Delivery of the construction and demolition waste from a site to a recycling facility as described in this Article. 4. Other methods approved by the Solid Waste Coordinator. "Recycling" shall mean the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. "Reuse" shall mean further or repeated use of Construction and Demolition Debris. SECTION 3. The following subsections are hereby added to Section 6-3.08 of the San Juan Capistrano Municipal Code, to read as follows: Sec. 6-3.08.01 Minimum Construction and Demolition Debris Diversion Requirements Every demolition, remodeling and construction project subject to this chapter shall recycle, reuse or divert from the landfills or disposal sites the following minimum Ordinance 887 3 11-18-2003 amounts of designated recyclable and reusable materials in the following percentages based upon the waste tonnage of construction or demolition debris involved in the construction, remodeling or demolition project: (i) Demolition—Fifty percent (50%) of waste tonnage of construction and demolition debris including concrete and asphalt, and fifteen percent (15%)t waste tonnage of construction or demolition debris excluding concrete and asphalt. (ii) Re-roofing of Homes with Shingles, Shakes or Tiles as a Separate Project—fifty percent(50%) of waste tonnage of construction or demolition debris. (iii) Construction and Remodeling—Fifty percent (50%) of waste tonnage of construction or demolition debris. rSeparate calculations and reports will be required for the demolition and for the construction portion of projects involving both demolition and construction. Sec. 6-3.08.02 Condition Precedent to Issuance of Building or Demolition Permit Prior to the issuance of, any building or demolition permit, every applicant shall submit to the Solid Waste Coordinator of the City a properly completed 'Recycling and Waste Reduction Form," on a form as prescribed by the Solid Waste Coordinator. The form shall contain an accurate estimate of the tonnage or other specked units of construction and demolition debris to be generated from the construction, demolition or remodeling project. An applicant shall not be issued a building or demolition permit until the Solid Waste Coordinator accepts the Recycling and Waste Reduction Form as complete and accurate. Sec. 6-3.08.03: Exemptions ' (a) The following projects are exempt from the requirements of Section 6-3-08.02. 1. Work for which only a plumbing, .electrical, or mechanical permit is required. 1 2. Seismic tie-down projects. 3. Installation of prefabricated patio enclosures and covers when no foundation or other structural building modifications are required. 4. Installation of prefabricated accessories such as signs or antennas where no structural building modifications are required. 5. Projects less than 250 square feet in size. Ordinance 887 4 11-18-2003 i 6. Projects, which have a valuation of less than $10,000.00. 7. Projects, which involve a roof, but the tear-off of the existing roof, is not required. 8. The construction of new fencing. 9. Single family dwelling (SFD), on a single lot, and not part of a subdivision project, which obtains a construction and demolition Drop Off Box ("DOB") Service for the project from a solid waste hauler that holds a franchise for solid waste disposal issued by the City, and using that Service for the disposal of all construction and demolition waste from the project that is not reused or recycled at the site of the project. Additionally, this exception shall not apply to SFD with a valuation of $500,000.00 or more, or which exceeds 5,500 s.f. or more, whichever is less. j 10. Construction or demolition work that the Solid Waste Coordinator determines will not produce construction or demolition waste. (b) If an applicant for a project wants to obtain an exemption for that project, then the applicant shall file with the City an application for exemption. The applicant shall comply with the following: 1. The application shall be filed with the Solid Waste Coordinator 2. The application will state the facts and reasons supporting the exemption. (c) The Solid Waste Coordinator shall review each application for exemptions and determine whether an exemption is allowed by this Section and communicate that decision to the applicant. Sec. 6-3.08.04 Deposit of Security Required As a part of any application for, and prior to the issuance of, any building or demolition permit, every applicant for a building or a demolition permit that involves the production of solid waste destined to be delivered to a landfill shall post a security deposit in the form of a Performance Bond, Money Order, Letter of Credit, Certificate of Deposit or cash in the amount determined in accordance with the then current resolution of the City Council determining the same. Ordinance 887 5 11-18-2003 Sec. 6-3.08.05 Refund of Security Deposit. The security deposit shall be returned or released, without interest, upon proof to the satisfaction of the Solid Waste Coordinator, that no less than the required percentages 1 or proven proportion of those percentages of the tons of construction or demolition debris generated by the construction, remodeling or demolition project have b h- diverted from landfills and have been recycled or reused. a. An applicant may obtain a refund of a security deposit for a project by complying with the following: 1. The applicant shall file an application for a refund with the Solid Waste Coordinator. 2. The application shall include information demonstrating that either the applicant has complied with the required waste reduction and recycling plan, or the applicant has obtained and utilized DOB Service for the project. 1 b. The Solid Waste Coordinator shall refund or release the security deposit for a project when any of the following apply. 1. The security deposit was erroneously paid or collected. 2. The application for the permit is withdrawn or canceled before any construction work has commenced. 3. The minimum required diversion percentage of construction and demolition debris generated by the project was diverted from landfill disposal. 4. The minimum diversion requirement has not been achieved, but the Solid Waste Coordinator determines that the applicant has made a good faith effort to comply with the diversion requirements of this chapter and it is not practicable or feasible for the applicant to meet the diversion requirement. 5. The applicant has complied with and performed all the requirements of the waste reduction and recycling plan for the project. 6. The applicant has obtained DOB Service for the project and used the Service at the project site continuously until completion of the project. Ordinance 887 6 11-18-2003 Sec. 6-3-08.06 Forfeiture of Security Deposit. If the Solid Waste Coordinator determines that the applicant has not made a good faith effort to comply with this chapter, or if the applicant fails to submit the documentation required by Section 6-3.08.04, then the security deposit shall be forfeited_ to the City. = Sec. 6-3-08.07 Use of Forfeited Security Deposits. Security deposits received by the City shall only be used for the following: a. Administrative costs of the construction and demolition debris recycling program which are not covered by the application fee established pursuant to ' this chapter. b. Programs to divert construction and demolition waste from landfill ' disposal and other recycling programs. C. Programs intended to develop or improve the infrastructure needed to divert construction and demolition waste from landfill disposal and other recycling programs. d. Programs for recycling education efforts. e. Payment of any fines levied by the California Integrated Waste Management Board for non-compliance with Integrated Waste Management Act. Sec. 6-3.08.08 Administrative Fee As a part of any application for, and prior to the issuance of, any building or demolition permit that involves the creation of construction and demolition debris, every ' applicant shall pay to the City an application fee sufficient to cover all City expenses incurred in administering the program. The amount of the fee shall be determined by resolution of the City Council. Sec. 6-3.08.09 On-Site Practices During the term of any construction, remodeling or demolition project, the contractor shall recycle or divert the required percentages of construction or demolition debris, and keep records thereof in tonnage or in other measurements approved by the Building Department that can be converted to tonnage. The Solid Waste Coordinator or his representative will evaluate and monitor each project to gauge the percentage of construction or demolition debris recycled, salvaged and disposed from the project. The required diversion of a minimum of the required percentages of the construction or �, Ordinance 887 7 11-18-2003 demolition debris will be measured separately with respect to the demolition segment and the construction segment of a project where both demolition and construction are involved. To the maximum extent feasible, on-site separation of scrap wood and clean green waste in a designated debris box or boxes shall be arranged, in order to permit chipping and mulching for soil enhancement or land cover purposes. In order to protect chipping and grinding machinery, metal and other materials which cannot be chippee6i ground shall not be placed in such boxes. On-site separation shall be undertaken for wallboard to the extent feasible on new construction. Sec. 6-3.08.10 Reporting Within sixty (60) days following the completion of a demolition or construction project, the contractor shall, as a condition precedent to final inspection and to issuance of any certificate of occupancy, submit documentation to the Solid Waste Coordinator, which proves compliance with the requirements of Section 6.3.08.01. The documentation shall consist of a final completed 'Recycling and Waste Reduction Form" ' showing actual data of tonnage of materials recycled and diverted, supported by originals or certified photocopies of receipts and weight tags or other records of measurement from recycling companies, contractors and/or landfill and disposal companies. Receipts and weight tags will be used to verify whether materials generated from the site have been or are to be recycled, reused, salvaged or to otherwise disposed of. If a project involves both demolition and construction, the report and documentation for the demolition project must be submitted and approved by the Solid Waste Coordinator before issuance of a building permit for the construction project. In the alternative, the permitee may submit a letter stating that no waste or recyclable ' materials were generated from the project. In which case, this statement shall be subject to verification by the Solid Waste Coordinator. Any deposit posted pursuant to Section 6.3.08.03 shall be forfeited if the permittee does not meet the timely reporting requirements of this section. SECTION 4. Section 6-3.15 of the San Juan Capistrano Municipal Code is hereby amended to read as follows: Sec. 6-3.15 Violations. 1 (a) Any and each violation of this chapter shall constitute a separate and distinct offense punishable in accordance with Chapter 2 of Title 1 of this Code. (b) In addition to the penalties herein, if violations of the provisions of this chapter exist as to a project, the Building official may use various administrative measures to insure compliance. Measures available include but are not limited to: I - Ordinance 887 8 11-18-2003 1) Issuance of a building permit or a certificate of occupancy for that project may be withheld until all such violations have been corrected, 2) Issuance of a stop work notice, until all such violations have been corrected, 3) Stopping all inspections on subject project, until all ad Violations have been corrected, 4) Other measures recommended by the City attorney. SECTION 5. If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this ordinance, or any part thereof, is for any reason held to be. unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ' ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any or more subsections, subdivision, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective. SECTION 6. Effective Date. ' This Ordinance shall take effect and be in force thirty (30) days after its passage. SECTION 7. City Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as.required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance; and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this ordinance, together with the vote for and against the same, in the Office of the City Clerk. PASSED, APPROVED AND ADOPTED, this 18w day of November 2003. ATTEST: %JORN S. MAYOR r ret R. Monahan, City Clerk Ordinance 887 9 11-18-2003 w Construction & Demolition Waste Recycling Program Information Sheet J K 061 Q IT16 •c'lUFORN�P The City of San Juan Capistrano has established a Construction and Demolition (C&D) Waste Recycling Program per ordinance No. 887 and Resolutions No. 03-11-04-04 and 03-11-04-05 to help in diverting C&D waste from landfills and also to comply with mandates of the California Integrated Wasted Management Board (CIWMB). The City's diversion requirement is 50%, which means that certain projects are required to divert 50% of the total C&D waste tonnage at a project site from landfills. Sec. 6-3.08.01 Minimum Construction and Demolition Debris Diversion 1 Requirements Every demolition, remodeling and construction project subject to this article shall recycle, reuse or divert from the landfills or disposal sites the following minimum amounts of designated recyclable and reusable materials in the following percentages based upon the waste tonnage of construction or demolition debris involved in the construction, remodeling or demolition project: (i) Demolition—Fifty percent (50%) of waste tonnage of construction and demolition debris including concrete and asphalt, and fifteen percent (15%) of waste tonnage of construction or demolition debris excluding concrete and asphalt. (ii) Re-roofing of Homes with Shingles, Shakes or Tiles as a Separate Project—fifty percent(50%) of waste tonnage of construction or demolition debris. (iii) Construction and Remodeling—Fifty percent (50%) of waste tonnage of construction or demolition debris. Separate calculations and reports will be required for the demolition and for the construction portion of projects involving both demolition and construction. ' Sec. 6-3.08.03: Exemptions The following projects are exempt from the requirements of Section 6-3.08.01. 1. Work for which only a plumbing, electrical, or mechanical permit is required. 2. Seismic tie-down projects. 3. Installation of prefabricated patio enclosures and covers when no foundation or other structural building modifications are required. 4. Installation of prefabricated accessories such as signs or antennas where no structural building modifications are required. 5. Projects less than 250 square feet in size. 6. Projects which have a valuation of less than $10,000.00. I 7. Projects which involve a roof, but the tear-off of the existing roof is not required. 8. The construction of new fencing. 9. Single family dwelling (SFD), on a single lot, and not part of a subdivision project, which obtains a construction and demolition Drop Off Box ('DOB") Service for the project from a ' solid waste hauler that holds a franchise for solid waste disposal issued by the City, and using that Service for the disposal of all construction and demolition waste from the project that is not reused or recycled at the site of the project. Additionally, this exception shall not apply to SFD with a valuation of$500,000.00 or more, or which exceeds 5,500 s.f. , whichever is less. 10. Construction or demolition work that the Solid Waste Coordinator determines will not produce construction or demolition waste. 8 Y The deposit is in the amount of 1% of the valuation of the project. Follow the steps below if your project is required to divert C&D debris: ' Step 1 — Complete and submit a Waste reduction and recycling Plan (WRRCP), Security Deposit, and an Administration Fee ($65) with your building or demolition permit application. The WRRCP indicates the estimated quantities of C&D debris generated at your project site, the estimated ' quantities of materials reused, recycled, and/or disposed of, and the reuse, recycling, and disposal facilities and service providers you plan to use. Step 2 — During construction/demolition, gather data for your Recycling Summary Report. You are required to keep all weight tags, gate receipts, and/or invoices necessary to document actual quantities of materials generated, reused, recycled, and/or disposed of throughout your project, as well as facilities or service providers used. Step 3 — Complete and submit a Construction and Demolition Waste Recycling and Disposal Report Summary (Report Summary). Unlike the WRRCP, which is an estimate, the Report Summary documents your actual C&D Waste tonnages. You will need to attach all documentation gathered in Step 2 to the Report Summary. The Report Summary must be completed within sixty (60) days after completion of your project. Step 4—Fill and submit a security deposit refund form along with your report summary. The City will refund your Security Deposit if you have diverted at least the City of San Juan Capistrano's Diversion Requirement of 50%, or illustrated a"good faith effort"to divert C&D Waste. 6 B 6 P 1 The City of San Juan Capistrano franchised waste hauler, CR&R, will provide assistance to applicants in developing and implementing a WRRCP. CR&R's phone number is (949) 728-0446. ■ Should you have any questions regarding this form, or the C&D Waste Reduction ' and Recycling Program, please call the City of San Juan Capistrano at (949) 234- 4413. ' Important related documents: Ordinance No. 887: Construction and demolition debris recycling Resolution No. 03-11-04-04: Security Deposit for C&D debris and recycling Resolution No. 03-11-04-05: Administration Fee for C&D debris and recycling CONSTRUCTION AND DEMOLITION WASTE REDUCTION AND J is`oi O �L FORN�P RECYCLING PLAN Please complete the following form for construction and demolition materials produced as a result of work performed in the City of San Juan Capistrano. The City's franchised waste hauler, CR&R, will provide ' assistance to applicants in developing and implementing a Waste Reduction and Recycling Plan. CR&R's phone number is (949) 728-0446. Should you have any questions regarding this form, or the C&D Waste Recycling Program, please call the City of San Juan Capistrano at(949)234-4413. 1. Project & Applicant Info. Owner's Name: Date: Project Address: Owner Telephone: ' Contractor Name: Contractor Contact name: Contractor Telephone: Approximate Square Footage of Project: Demolition Dates: Start End Construction Dates: Start End 2. Description of Diversion Plan Briefly state how waste materials will be handled at your job site to ensure salvage/reuse or recycling. Also explain how you will inform your workers/sub-contractors of your Waste Reduction and Recycling Plan requirements and ensure their participation. 3. Exemption ' Please fill out the section below if you believe that your project is entitled to an exemption and not required to divert or recycle C&D debris. **CITY USE ONLY** Project Description: Approximate Dollar Value of Construction/Demolition: $ 1 Project#/Permit# 4. Material Handling Estimate Please complete the worksheet on page 3 that will help identify the types of materials, estimated quantities, and how the waste material will be reduced, recycled or disposed at your project site. Estimates should be calculated in tons and use the attached Materials Conversion Worksheet for conversion factors. Fill in the estimated diversion percentage calculated in Section F on page 3 on line 4a below. 4a. Diversion Percentage Estimate form Section F. (pg. 3): % 4b. Is the percentage listed in 4a above greater than or equal to 50%? ❑YES ❑NO ' 4c.If NO,explain why: 5. Verification ' 'To the best of my knowledge,the tonnage and diversion percentage estimates reported on this form are my best estimate of the disposition of the construction and demolition materials generated at this project site. Print Name: Signature: Date: "FOR CITY USE ONLY" ' Plan Approval Status: Exemption Status: ❑ Approved ❑ Exempted Approved ❑ Further explanation needed (see attached) ❑ Exempted Denied ❑ Denied ' ❑ Administration Fee Collected ($65.00) ❑ Security Deposit Amount: $ Security Deposit CR#: ' Comments: Reviewed By: Signature: Date: 2 Project#/Permit# 1 Material Handlinq Estimate Worksheet Column A: List Estimated Quantifies of waste for each material type(in tons). To convert yards to tons,use the attached Materials Conversion Worksheet Columns B,C,D:List estimated quantities reused,recycled,or disposed based on Column A quantities. Column E:State the name of all vendors or facilities used to reuse,recycle or dispose of materials listed. See example below for cases where more than one facility was used for a particular material type. Column Totals:Add up all material quantities for each column. Section F.Calculate the estimated diversion percentage in the section at the bottom of this worksheet and enter the percentage on page 2,line 4a,of this form. Attach another Worksheet if more room is needed. ' A B C D E Materials Total Salvage or Recycling Disposal Proposed Destination(s) Quantity Reuse (Landfill) Discarded INMINM Asphalt& Concrete ' Brick/Masonry/Tile Cardboard Wood Metals ' Landscape Debris do not include dirt ' Dirt ' Garbage/Trash XIX Other ' Other Column Totals A B C D F. Diversion Percentages Estimate: ' Column Totals B + C = /A = X 100% _ ---- (Transfer%amount to 4a on page 2) ' 3 Project#/Permit# CONSTRUCTION AND DEMOLITION k� WASTE RECYCLING AND DISPOSAL v iii �C/FORK P REPORT SUMMARY Please complete the following form for construction and demolition materials produced as a result of work performed in the City of San Juan Capistrano, The City's franchised waste hauler, CR&R, will provide assistance to applicants in developing and implementing a Waste Reduction and Recycling Plan. CR&R's phone number is (949) 728-0446. Should you have any questions regarding this form, or the C&D Waste Recycling Program, please call the City of San Juan Capistrano at(949)234-4413. 1. Project &Applicant Info. Owners Name: Date: Project Address: Owner Telephone: ' Contractor Name: Contractor Contact name: ' Contractor Telephone: Approximate Square Footage of Project: ' Demolition Dates: Start End Construction Dates: Start End f2. Description of Diversion Plan Briefly state how waste materials were handled at your job site to ensure salvage/reuse or recycling. ' Please check waste reduction activities that were practiced at this project site: ( ] Use of Prefabricated Components [ ] Reduced packaging ' [ ] Reuse of Materials on site [ j Other(describe) [ ]Accurate Material Estimates 3. Material Handling Summary Please complete the worksheet on page 6 that will help identify the types of materials,quantities,and how the waste material were reduced, recycled or disposed at your project site. For this summary report, use the actual quantities, based on weight tags,gate receipts, or other documentation.Material quantities should be calculated in tons and use the attached Materials Conversion Worksheet for conversion factors. Fill in the diversion percentage calculated in Section F on page 6 on line 3a below. 3a. Diversion Percentage Actual from Section F. on (pg. 6): % ' 3b. Is the percentage listed in 4a above greater than or equal to 50%? OYES ONO 3c. If NO,explain why: 4 Project#/Permit# 1 ' 4.Verification 4a. Attach weight slips or other records of measurement from recycling companies that show actual tonnage of diverted materials. ' 4b. "To the best of my knowledge,the reported tonnage and diversion percentage are an accurate representation of the disposition of the construction and demolition materials generated and diverted from this project site. I understand the City may audit disposal and recycling ' documentation related to this survey." Print Name: Signature: Date: ' **FOR CITY USE ONLY** Report Summary Approval Status: Security Deposit: ❑ Approved ❑ Full Refund ' ❑ Good Faith ❑ No Refund ❑ Further explanation needed (see attached) ❑ Partial Refund:Amount$ ❑ Denied Comments: ' Reviewed By: Signature: Date: 5 Project#/Permit# 1 ' Material Handling Summary Worksheet ' Column A: List Actual Quantities of waste for each material type (in tons). To convert yards to tons, use the attached Materials Conversion Worksheet Columns B, C, D: List actual quantities reused, recycled,or disposed based on Column A quantities. Column E: State the name of all vendors or facilities used to reuse, recycle or dispose of materials listed. See ' example below for cases where more than on facility was used for a particular material type. Column Totals:Add up all material quantities for each column. Row F. Calculate the actual diversion percentage in the section at the bottom of this worksheet and enter the percentage on page 5, line 3a, of the Plan. ' Attach another Worksheet to this one if you need more room. If you have a demolition project A B C D E Materials Total Salvage or Recycling Disposal Actual Destination(s) Quantity Reuse (Landfill) Discarded Asphalt 8, Concrete Brick/Masonry/Tile Cardboard - Wood Metals Landscape Debris ' do not include dirt Dirt Garb=e/Trash ' Other Other Column Totals A B C D ' F. Diversion Estimate: - Column Totals B + C /A X 100% (Transfer% amount to 3a on page 4) IcTd`-.Tmnaz41LGL'f_ in 6 Project#/Permit# City of San Juan Capistrano ' Construction and Demolition Recycling Materials Conversion Worksheet Material Cateaoa Volume Unit Tonslunit Tons Asphalt/Concrete Asphalt(broken) cy x 0.7 = ' Concrete (broken) cy x 0.9 = Concrete (solid slab) cy x 1.2975 = Brick/Masonry/Tile Brick(broken) cy x 0.7 = Brick(whole,palletized) cy x 1.512 = Masonry block(broken) cy x 0.6 = ' Tile sq ft x 0.00175 = Building Materials (doors, windows, cabinets, etc.) cy x 0.15 = Cardboard (flat) cy x 0.05 = ' Carpet By square foot sq it x 0.0005 = \ By Cubic yard cy x 0.3 = / Carpet Padding/Foam sq ft x 0.000125 = Ceiling Tiles Whole(palletized) sq ft x 0.0003 = Loose cy x 0.0875 = Drywall (new or used) 1/2"(by square foot) sq ft x 0.0008 = 5/8" (by square foot) sq ft x 0.00105 = ' Demo/used (by cubic yard) cy x 0.25 = Landscape Debris (brush, trees, etc.) cy x 0.15 = ' Scrap Metal cy x 0.453 = Unpainted Wood & Pallets ' By board foot bd ft x 0.001375 = By cubic yard cy x 0.15 = ' Garbage/Trash cy x 0.175 = Dirt By cubic yard cy x 1.03 = ' cy=cubic yards sq ft=square foot bd ft=board foot City of San Juan Capistrano ' Construction and Demolition Recycling Materials Conversion Worksheet ' Conversion Rate Tons Demolition Complete Demolition sq ft of structure x 40/2000 Complete Demolition with tile roof sq ft of structure x 47/2000 Green Waste (trees, shrubs,turf, etc.) cy x .25 Mixed Debris (e'g, interior remodel) cy x 0.2 = Roofing ' Asphalt Composition Shigle roof sq.ft x x 3/2000 Wood Shingle/Shake roof sq.ft x x 2/2000 Concrete/Clay Tile roof sq.ft x x 10/2000 - Rood Decking roof sq.ft x x 1.5/2000 = ' Appliance/Equipment Cook Top 0.015 ' Dishwasher 0.050 Refrigerator 0.075 Oven (single) 0.038 Trash Compactor 0.020 ' Water Heater 30 gallons 0.025 Water Heater 40-50 gallons 0.038 Bathtub (Cast Iron) 0.150 Bathtub(steel) 0.038 Sink, Cast iron 0.025 Sink, Porcelain 0.010 Sink, Steel 0.005 ' Toilet 0.020 cy=cubic yards sq ft=square foot bd ft=board foot Sample Calculation: Materials including 100 square feet of roof decking, 5D cubic yards of brick(broken), and a cast iron bathtub ' would compute as follows: (100 x 1.5 lbs.)/2000 + (50x.7)+ .15= (.075)+35+0.15= 35.225 Tons 1 ® C & D RECYCLING DEPOSIT �I.IFORN�P ' To request a deposit refund, complete and mail this form and the required documentation listed on the Refund Checklist to: ' C & D Refund Request City of San Juan Capistrano Attention: Solid Waste Coordinator 32400 Paseo Adelanto San Juan Capistrano, CA 92619 Refunds will be mailed within 6-8 weeks following receipt of Refund Request and project confirmation documentation, which ' identify how the project materials were diverted. Applicants must initiate a Refund Request within 180 days following final ' Please provide the following information: Permit Number Deposit Paid: $ ' Project Address City State Zip l certify that the information provided with this Refund Request represents the disposition of at least 90% of the materials gener- ated from this project. Furthermore, I certify that this information represents materials generated only from the project listed )bove. Signature Date Print Name Title ' Phone Number ( ) Refund check will be mailed to the name and address listed on the Permit Receipt. If the refund check is to be sent to a person or address other than that listed on the Permit Receipt, please complete Section 1 and 2 of this form. Change of Address for Refund Notice (To be completed by original party listed on Permit Receipt) Section 1 ' By signing my name, I hereby direct any C & D Refund for Permit Number to the name and address listed in Section 2 below. Print Name Title Signature Date ' Section 2 Vame ATTACHMENT 4 'Address City St. Zip 1 l ' CITY OF SAN JUAN CAPISTRANO ' APPENDIX — B ' Best Management Practices 1 1 1 1 1 1 1 1 1 Silt Fence SE-1 Objectives 1 EC Erosion Control ✓ " SE Sediment Control TC Tracking Control 1 WE Wind Erosion Control f" NS Non-Stonnwater 1 `t "r s• Management Control ° g ."r � . Waste Management and WIM Materials Pollution Control 4 ' Legend: ✓ Primary Objective ` ✓ Secondary Objective p Targeted Constituents Description and Purpose Sediment ✓ 1 A silt fence is made of a filter fabric that has been entrenched, Nutrients attached to supporting poles, and sometimes backed by a plastic or wire mesh for support. The silt fence detains Trash sediment-laden water, promoting sedimentation behind the Metals fence. Bacteria Oil and Grease 1 Suitable Applications Organics Silt fences are suitable for perimeter control,placed below areas where sheet flows discharge from the site. They should also be used as interior controls below disturbed areas where Potential Alternatives 1 runoff may occur in the form of sheet and rill erosion. Silt SE-5 Fiber Rolls fences are generally ineffective in locations where the flow is SE-8 Gravel Bag Berm concentrated and are only applicable for sheet or overland 1 flows. Silt fences are most effective when used in combination SE-8 Sandbag Barrier with erosion controls. Suitable applications include: SE-9 Straw Bale Barrier 1 ■ Along the perimeter of a project. ■ Below the toe or down slope of exposed and erodible slopes. 1 ■ Along streams and channels. ■ Around temporary spoil areas and stockpiles. ' ■ Below other small cleared areas. Limitations C r%,,I; ' ■ Do not use in streams, channels, drain inlets, or anywhere flow Callfornla is concentrated. stormwater Quality 1 Association January 2003 California Stormwater BMP Handbook 1 of 8 ' Construction www.cabmphandbooks.com SE- 1 Silt Fence ■ Do not use in locations where ponded water may cause flooding. ■ Do not place fence on a slope, or across any contour line. If not installed at the same televation throughout, silt fences will create erosion. ■ Filter fences will create a temporary sedimentation pond on the upstream side of the fence and may cause temporary flooding. Fences not constructed on a level contour will be overtopped by concentrated flow resulting in failure of the filter fence. ■ Improperly installed fences are subject to failure from undercutting, overlapping, or ' collapsing. - Not effective unless trenched and keyed in. ' - Not intended for use as mid-slope protection on slopes greater than 4:1 (H:V). - Do not allow water depth to exceed 1.5 ft at any point. ' Implementation General A silt fence is a temporary sediment barrier consisting of filter fabric stretched across and attached to supporting posts, entrenched,and, depending upon the strength of fabric used, supported with plastic or wire mesh fence. Silt fences trap sediment by intercepting and detaining small amounts of sediment-laden runoff from disturbed areas in order to promote sedimentation behind the fence. ' Silt fences are preferable to straw bale barriers in many cases. Laboratory work at the Virginia Highway and Transportation Research Council has shown that silt fences can trap a much higher percentage of suspended sediments than can straw bales. While the failure rate of silt fences is lower than that of straw bale barriers,there are many instances where silt fences have been improperly installed. The following layout and installation guidance can improve performance and should be followed: ■ Use principally in areas where sheet flow occurs. ■ Don't use in streams, channels, or anywhere flow is concentrated. Don't use silt fences to divert flow. ■ Don't use below slopes subject to creep,slumping, or landslides. ' ■ Select filter fabric that retains 85%of soil by weight,based on sieve analysis,but that is not finer than an equivalent opening size of 70. ' ■ Install along a level contour, so water does not pond more than 1.5 ft at any point along the silt fence. ■ The maximum length of slope draining to any point along the silt fence should be 200 ft or ' less. ■ The maximum slope perpendicular to the fence line should be ta. 2 of 8 California Stormwater BMP Handbook January 2003 ' Construction www.cabmphandbooks.com Silt Fence SE-1 ■ Provide sufficient room for runoff to pond behind the fence and to allow sediment removal equipment to pass between the silt fence and toes of slopes or other obstructions. About 1200 ft2 of ponding area should be provided for every acre draining to the fence. ' ■ Turn the ends of the filter fence uphill to prevent stormwater from flowing around the fence. ■ Leave an undisturbed or stabilized area immediately down slope from the fence where feasible. ■ Silt fences should remain in place until the disturbed area is permanently stabilized. Design and Layout Selection of a filter fabric is based on soil conditions at the construction site (which affect the equivalent opening size(EOS)fabric specification) and characteristics of the support fence (which affect the choice of tensile strength). The designer should specify a filter fabric that retains the soil found on the construction site yet that it has openings large enough to permit ' drainage and prevent clogging. The following criteria is recommended for selection of the equivalent opening size: ' 1. If 50 percent or less of the soil,by weight,will pass the U.S. Standard Sieve No. 200, select the EOS to retain 85 % of the soil. The EOS should not be finer than EOS 70. 2. For all other soil types, the EOS should be no larger than the openings in the U.S. , ) Standard Sieve No. yo except where direct discharge to a stream,lake, or wetland will occur,then the EOS should be no larger than Standard Sieve No. loo. To reduce the chance of clogging, it is preferable to specify a fabric with openings as large as allowed by the criteria. No fabric should be specified with an EOS smaller than U.S. Standard Sieve No. loo. If 85% or more of a soil,by weight,passes through the openings in a No. 200 sieve, filter fabric should not be used. Most of the particles in such a soil would not be retained if the EOS was too large and they would clog the fabric quickly if the EOS were small enough to capture the soil. ' The fence should be supported by a plastic or wire mesh if the fabric selected does not have sufficient strength and bursting strength characteristics for the planned application (as recommended by the fabric manufacturer). Filter fabric material should contain ultraviolet inhibitors and stabilizers to provide a minimum of six months of expected usable construction life at a temperature range of o OF to 12o OF. ■ Layout in accordance with attached figures. 1 ■ For slopes steeper than 2:1(H:V) and that contain a high number of rocks or large dirt clods that tend to dislodge, it maybe necessary to install additional protection immediately adjacent to the bottom of the slope,prior to installing silt fence. Additional protection may be a chain link fence or a cable fence. ' ■ For slopes adjacent to sensitive receiving waters or Environmentally Sensitive Areas (ESAs), silt fence should be used in conjunction with erosion control BMPs. 1 January 2003 California Stormwater BMP Handbook 3 of 8 Construction www.cabmphandbooks.com SE- 1 Silt Fence Materials ■ Silt fence fabric should be woven polypropylene with a minimum width of 36 in. and a ' minimum tensile strength of loo lb force. The fabric should conform to the requirements in ASTM designation D4632 and should have an integral reinforcement layer. The reinforcement layer should be a polypropylene, or equivalent, net provided by the manufacturer. The permittivity of the fabric should be between o.1 sec-'and o.15 sec-'in conformance with the requirements in ASTM designation D4491• ■ Wood stakes should be commercial quality lumber of the size and shape shown on the plans. Each stake should be free from decay, splits or cracks longer than the thickness of the stake or other defects that would weaken the stakes and cause the stakes to be structurally unsuitable. ' ■ Staples used to fasten the fence fabric to the stakes should be not less than 1.75 in.long and should be fabricated from 15 gauge or heavier wire. The wire used to fasten the tops of the stakes together when joining two sections of fence should be 9 gauge or heavier wire. Galvanizing of the fastening wire will not be required. ■ There are new products that may use prefabricated plastic holders for the silt fence and use ' bar reinforcement instead of wood stakes. If bar reinforcement is used in lieu of wood stakes, use number four or greater bar. Provide end protection for any exposed bar reinforcement. Installation Guidelines Silt fences are to be constructed on a level contour. Sufficient area should exist behind the fence for ponding to occur without flooding or overtopping the fence. ■ A trench should be excavated approximately 6 in.wide and 6 in. deep along the line the proposed silt fence. ■ Bottom of the silt fence should be keyed-in a minimum of 12 in. ■ Posts should be spaced a maximum of 6 ft apart and driven securely into the ground a ' minimum of 18 in. or 12 in. below the bottom of the trench. ■ When standard strength filter fabric is used, a plastic or wire mesh support fence should be fastened securely to the upslope side of posts using heavy—duty wire staples at least 1 in. long. The mesh should extend into the trench. When extra-strength filter fabric and closer post spacing are used,the mesh support fence may be eliminated. Filter fabric should be purchased in a long roll,then cut to the length of the barrier. When joints are necessary, filter cloth should be spliced together only at a support post,with a minimum 6 in. overlap and both ends securely fastened to the post. t ■ The trench should be backfilled with compacted native material. ■ Construct silt fences with a setback of at least 3 ft from the toe of a slope. Where a silt fence is determined to be not practicable due to specific site conditions, the silt fence may be constructed at the toe of the slope,but should be constructed as far from the toe of the slope as practicable. Silt fences close to the toe of the slope will be less effective and difficult to maintain. 4 of 8 California Stormwater BMP Handbook January 2003 Construction www.cabmphandbooks.com i Silt Fence SE- 1 i ■ Construct the length of each reach so that the change in base elevation along the reach does not exceed 1/3 the height of the barrier;in no case should the reach exceed Soo ft. Costs ■ Average annual cost for installation and maintenance (assumes 6 month useful life): $7 per lineal foot($850 per drainage acre). Range of cost is $3.50 - $9.10 per lineal foot. Inspection and Maintenance ■ Inspect BMPs prior to forecast rain, daily during extended rain events, after rain events, iweekly during the rainy season, and at two-week intervals during the non-rainy season. ■ Repair undercut silt fences. ■ Repair or replace split,torn,slumping, or weathered fabric. The lifespan of silt fence fabric is generally 5 to 8 months. ■ Silt fences that are damaged and become unsuitable for the intended purpose should be removed from the site of work, disposed of, and replaced with new silt fence barriers. ■ Sediment that accumulates in the BMP must be periodically removed in order to maintain BMP effectiveness. Sediment should be removed when the sediment accumulation reaches one-third of the barrier height. Sediment removed during maintenance may be incorporated into earthwork on the site or disposed at an appropriate location. ■ Silt fences should be left in place until the upstream area is permanently stabilized. Until / then, the silt fence must be inspected and maintained. ■ Holes, depressions, or other ground disturbance caused by the removal of the silt fences should be backfilled and repaired. 1 References Manual of Standards of Erosion and Sediment Control Measures,Association of Bay Area Governments, May 1995• iNational Management Measures to Control Nonpoint Source Pollution from Urban Areas, United States Environmental Protection Agency, 2002. iProposed Guidance Specifying Management Measures for Sources of Nonpoint Pollution in Coastal Waters,Work Group-Working Paper, USEPA,April 1992• Sedimentation and Erosion Control Practices, and Inventory of Current Practices (Draft), UESPA, 19go. ' Southeastern Wisconsin Regional Planning Commission (SWRPC). Costs of Urban Nonpoint Source Water Pollution Control Measures. Technical Report No. 31. Southeastern Wisconsin Regional Planning Commission,Waukesha, WI. 1991 i Stormwater Quality Handbooks- Construction Site Best Management Practices (BMPs) Manual, State of California Department of Transportation(Caltrans),November 2000. -i January 2003 California Stormwater BMP Handbook 5 of 8 ' Construction www.cabmphandbooks.com Gravel Bag Berm SE-6 Objectives EC Erosion Control ✓ SE Sediment Control ✓ TC Tracking Control WE Wind Erosion Control NS Non-Stormwater Management Control i Waste Management and WM Materials Pollution Control 1 Legend: ✓ Primary Objective ✓ Secondary Objective Targeted Constituents ' Description and Purpose Sediment ✓ A gravel bag berm is a series of gravel-filled bags placed on a Nutrients level contour to intercept sheet flows. Gravel bags pond sheet Trash flow runoff, allowing sediment to settle out, and release runoff Metals slowly as sheet flows,preventing erosion. 1 Bacteria Suitable Applications Oil and Grease Gravel bag berms may be suitable: Organics ■ As a linear sediment control measure: Potential Alternatives - Below the toe of slopes and erodible slopes SE-1 Silt Fence - As sediment traps at culvert/pipe outlets SE-5 Fiber Roll SE-8 Sandbag Barrier Below other small cleared areas SE-9 Straw Bale Barrier - Along the perimeter of a site Down slope of exposed soil areas ' - Around temporary stockpiles and spoil areas - Parallel to a roadway to keep sediment off paved areas - Along streams and channels ■ As linear erosion control measure: � O A GaiHornia Stormwater nuallty Assoclatlon January 2003 California Stormwater BMP Handbook 1 of 4 Construction www.cabmphandbooks.com SE-6 Gravel Bag Berm - Along the face and at grade breaks of exposed and erodible slopes to shorten slope length and spread runoff as sheet flow - At the top of slopes to divert runoff away from disturbed slopes As check dams across mildly sloped construction roads Limitations ■ Gravel berms may be difficult to remove. ■ Removal problems limit their usefulness in landscaped areas. ■ Gravel bag berm may not be appropriate for drainage areas greater than 5 acres. ■ Runoff will pond upstream of the filter,possibly causing flooding if sufficient space does not exist. ■ Degraded gravel bags may rupture when removed,spilling contents. ■ Installation can be labor intensive. ■ Berms may have limited durability for long-term projects. ■ When used to detain concentrated flows, maintenance requirements increase. t � Implementation General A gravel bag berm consists of a row of open graded gravel—filled bags placed on a level contour. When appropriately placed, a gravel bag berm intercepts and slows sheet flow runoff, causing temporary ponding. The temporary ponding provides quiescent conditions allowing sediment to settle. The open graded gravel in the bags is porous,which allows the ponded runoff to flow slowly through the bags, releasing the runoff as sheet flows. Gravel bag berms also interrupt the slope length and thereby reduce erosion by reducing the tendency of sheet flows to concentrate into rivulets,which erode rills, and ultimately gullies,into disturbed, sloped soils. Gravel bag berms are similar to sand bag barriers,but are more porous. Design and Layout ■ Locate gravel bag berms on level contours. - Slopes between 20a and 2a (H:V): Gravel bags should be placed at a maximum interval of 5o ft(a closer spacing is more effective),with the first row near the slope toe. - Slopes 2:1 (H:V) or steeper: Gravel bags should be placed at a maximum interval of 25 ft (a closer spacing is more effective),with the first row placed the slope toe. ■ Turn the ends of the gravel bag barriers up slope to prevent runoff from going around the 1 berm. ■ Allow sufficient space up slope from the gravel bag berm to allow ponding, and to provide room for sediment storage. 2 of 4 California Stormwater BMP Handbook January 2003 Construction www.cabmphandbooks.com Gravel Bag Berm SE-6 ■ For installation near the toe of the slope, consider moving the gravel bag barriers away from the slope toe to facilitate cleaning. To prevent flows behind the barrier,bags can be placed perpendicular to a berm to serve as cross barriers. ■ Drainage area should not exceed 5 acres. ■ In Non-Traffic Areas: Height = 18 in. maximum - Top width = 24 in.minimum for three or more layer construction - Top width = 12 in. minimum for one or two layer construction ' - Side slopes = 2:1 or flatter ■ In Construction Traffic Areas: Height = 12 in. maximum ' - Top width = 24 in. minimum for three or more layer construction. Top width = 12 in. minimum for one or two layer construction. - Side slopes = 2:1 or flatter. i ■ Butt ends of bags tightly ■ On multiple row, or multiple layer construction, overlapp butt joints of adjacent row and row beneath. ■ Use a pyramid approach when stacking bags. Materials ■ Bag Material: Bags should be woven polypropylene, polyethylene or polyamide fabric or burlap, minimum unit weight of 4 ounces/yd=, Mullen burst strength exceeding 300 lb/int in conformance with the requirements in ASTM designation D3786,and ultraviolet stability exceeding 70%in conformance with the requirements in ASTM designation D4355• ■ Bag Size: Each gravel-filled bag should have a length of 18 in.,width of 12 in.,thickness of 3 in., and mass of approximately 33 lbs. Bag dimensions are nominal, and may vary based on locally available materials. ■ Fill Material: Fill material should be 0.5 to 1 in. Class 2 aggregate base, clean and free ' from clay, organic matter, and other deleterious material, or other suitable open graded, non-cohesive,porous gravel. Costs Gravel filter: Expensive, since off-site materials, hand construction, and demolition/removal are usually required. Material costs for gravel bags are average of$2.50 per empty gravel bag. Gravel costs range from $20-$35 per yd3. January 2003 California Stormwater BMP Handbook 3 of 4 Construction 1 www.cabmphandbooks.com SE-6 Gravel Bag Berm Inspection and Maintenance ■ Inspect BMPs prior to forecast rain,daily during extended rain events, after rain events, weekly during the rainy season, and at two-week intervals during the non-rainy season. ■ Gravel bags exposed to sunlight will need to be replaced every two to three months due to degrading of the bags. ' ■ Reshape or replace gravel bags as needed. ■ Repair washouts or other damage as needed. ■ Sediment that accumulates in the BMP must be periodically removed in order to maintain BMP effectiveness. Sediment should be removed when the sediment accumulation reaches one-third of the barrier height. Sediment removed during maintenance may be incorporated into earthwork on the site or disposed at an appropriate location. ■ Remove gravel bag berms when no longer needed. Remove sediment accumulation and clean, re-grade, and stabilize the area. Removed sediment should be incorporated in the project or disposed of. References Handbook of Steel Drainage and Highway Construction,American Iron and Steel Institute, 1983. Stormwater Quality Handbooks-Construction Site Best Management Practices (BMPs)Manual, State of California Department of Transportation (Caltrans), November 2000. Stormwater Pollution Plan Handbook, First Edition,State of California, Department of Transportation Division of New Technology,Materials and Research, October 1992• 4 of 4 California Stormwater BMP Handbook January 2003 Construction www.cabmphandbooks.com i Wind Erosion Control WE- 1 ' Objectives EC Erosion Control SE Sediment Control ✓ ' TC Tracking Control WE Wind Erosion Control ✓ NS Non-Stormwater ' Management Control WM Waste Management and Materials Pollution Control Legend: 1 ✓ Primary Objective Secondary Objective Targeted Constituents Description and Purpose Sediment ✓ I Wind erosion or dust control consists of applying water or other Nutrients dust palliatives as necessary to prevent or alleviate dust Trash nuisance generated by construction activities. Covering small stockpiles or areas is an alternative to applying water or other Metals dust palliatives. Bacteria i Oil and Grease Suitable Applications organics 1 Wind erosion control BMPs are suitable during the following construction activities: Potential Alternatives ■ Construction vehicle traffic on unpaved roads None ■ Drilling and blasting activities ■ Sediment tracking onto paved roads ■ Soils and debris storage piles ' ■ Batch drop from front-end loaders ■ Areas with unstabilized soil ' ■ Final grading/site stabilization Limitations ' ■ Watering prevents dust only for a short period and should be applied daily(or more often)to be effective. -ftC A S Q A ' California ■ Over watering may cause erosion. mrmwater nuallty Auoclation January 2003 California Stormwater BMP Handbook 1 of 5 Construction www.cabmphandbooks.com r WE-1 Wind Erosion Control ' ■ Oil or oil-treated subgrade should not be used for dust control because the oil may migrate into drainageways and/or seep into the soil. ■ Effectiveness depends on soil,temperature,humidity, and wind velocity. ■ Chemically treated sub grades may make the soil water repellant,interfering with long-term infiltration and the vegetation/re-vegetation of the site. Some chemical dust suppressants may be subject to freezing and may contain solvents and should be handled properly. ■ Asphalt, as a mulch tack or chemical mulch,requires a 24-hour curing time to avoid 1 adherence to equipment,worker shoes, etc. Application should be limited because asphalt surfacing may eventually migrate into the drainage system. ■ In compacted areas, watering and other liquid dust control measures may wash sediment or other constituents into the drainage system. Implementation 1 General California's Mediterranean climate, with short wet seasons and long hot dry seasons, allows the soils to thoroughly dry out. During these dry seasons,construction activities are at their peak, ' and disturbed and exposed areas are increasingly subject to wind erosion,sediment tracking and dust generated by construction equipment. Dust control, as a BMP,is a practice that is already in place for many construction activities. Los Angeles, the North Coast, and Sacramento,among others,have enacted dust control ordinances for construction activities that cause dust to be transported beyond the construction project property line. ' Recently, the State Air Resources Control Board has,under the authority of the Clean Air Act, started to address air quality in relation to inhalable particulate matter less than io microns ' (PM-io). Approximately go percent of these small particles are considered to be dust. Existing dust control regulations by local agencies, municipal departments,public works department, and public health departments are in place in some regions within California. ' Many local agencies require dust control in order to comply with local nuisance laws,opacity laws (visibility impairment) and the requirements of the Clean Air Act. The following are measures that local agencies may have already implemented as requirements for dust control from contractors: c Construction and Grading Permits: Require provisions for dust control plans. ■ Opacity Emission Limits: Enforce compliance with California air pollution control laws. ■ Increase Overall Enforcement Activities: Priority given to cases involving citizen complaints. e . Maintain Field Application Records: Require records of dust control measures from contractor; ' ■ Stormwater Pollution Prevention Plan: (SWPPP): Integrate dust control measures into SWPPP. 2 of 5 California Stormwater BMP Handbook January 2003 Construction www.cabmphandbooks.com Wind Erosion Control WE-1 Dust Control Practices Dust control BMPs generally stabilize exposed surfaces and minimize activities that suspend or track dust particles. The following table shows dust control practices that can be applied to site conditions that cause dust. For heavily traveled and disturbed areas,wet suppression (watering),chemical dust suppression,gravel asphalt surfacing,temporary gravel construction entrances,equipment wash-out areas, and haul truck covers can be employed as dust control ' applications. Permanent or temporary vegetation and mulching can be employed for areas of occasional or no construction traffic. Preventive measures would include minimizing surface areas to be disturbed,limiting onsite vehicle traffic to 15 mph,and controlling the number and activity of vehicles on a site at any given time. DUST CONTROIPRACTICES Temporary Gravel Minimize SITE CONDITION Wet Chemical Haul Permanent Gravel or Sill Construction Esslent of Mulching Suppression Dust Truck Vegetation (Watering) Suppression Asphalt Fences EntrWash Down en Covers Disturbed Wash Down Area Disturbed Areas not Subject to X X X X X X 1 Traffic Disturbed Areas X X X X X Subject to Traffic Material Stock Pile X X X X Stabilization Demolition X X X Clearing/ X X X X ' Ezcavatlon Truck Traffic on X X X X X Unpaved Roads Mud/Dirt Carry X X Out Additional preventive measures include: ■ Schedule construction activities to minimize exposed area(EC-1,Scheduling). ■ Quickly stabilize exposed soils using vegetation, mulching,spray-on adhesives,calcium chloride,sprinkling, and stone/gravel layering. ■ Identify and stabilize key access points prior to commencement of construction. ■ Minimize the impact of dust by anticipating the direction of prevailing winds. ■ Direct most construction traffic to stabilized roadways within the project site. ■ Water should be applied by means of pressure-type distributors or pipelines equipped with a spray system or hoses and nozzles that will ensure even distribution. ' ■ All distribution equipment should be equipped with a positive means of shutoff. ' ■ Unless water is applied by means of pipelines,at least one mobile unit should be available at all times to apply water or dust palliative to the project. January 2003 California Stormwater BMP Handbook 3 of 5 Construction www.cabmphandbooks.com WE- 1 Wind Erosion Control ' ■ If reclaimed waste water is used,the sources and discharge must meet California Department of Health Services water reclamation criteria and the Regional Water Quality Control Board requirements. Non-potable water should not be conveyed in tanks or drain 1 pipes that will be used to convey potable water and there should be no connection between potable and non-potable supplies. Non-potable tanks,pipes, and other conveyances should be marked, "NON-POTABLE WATER-DO NOT DRINK." ■ Materials applied as temporary soil stabilizers and soil binders also generally provide wind erosion control benefits. 1 ■ Pave or chemically stabilize access points where unpaved traffic surfaces adjoin paved roads. ■ Provide covers for haul trucks transporting materials that contribute to dust. ' ■ Provide for wet suppression or chemical stabilization of exposed soils. ■ Provide for rapid clean up of sediments deposited on paved roads. Furnish stabilized ' construction road entrances and vehicle wash down areas. ■ Stabilize inactive construction sites using vegetation or chemical stabilization methods. ■ Limit the amount of areas disturbed by clearing and earth moving operations by scheduling these activities in phases. For chemical stabilization,there are many products available for chemically stabilizing gravel roadways and stockpiles. If chemical stabilization is used,the chemicals should not create any adverse effects on stormwater,plant life,or groundwater. ' Costs Installation costs for water and chemical dust suppression are low,but annual costs may be quite high since these measures are effective for only a few hours to a few days. Inspection and Maintenance ■ Inspect and verify that activity-based BMPs are in place prior to the commencement of associated activities. While activities associated with the BMP are under way,inspect weekly during the rainy season and at two-week intervals in the non-rainy season to verify continued BMP implementation. ' ■ Check areas protected to ensure coverage. ■ Most dust control measures require frequent, often daily,or multiple times per day ' attention. References ' Best Management Practices and Erosion Control Manual for Construction Sites, Flood Control District of Maricopa County,Arizona, September 1992• ' California Air Pollution Control Laws, California Air Resources Board, 1992. 4 of S California Stormwater BMP Handbook January 2003 Construction www.cabmphandbooks.com i ' Wind Erosion Control WE-1 ' Caltrans, Standard Specifications, Sections 1o, "Dust Control; Section 17,"Watering'; and Section 18, "Dust Palliative". ' Prospects for Attaining the State Ambient Air Quality Standards for Suspended Particulate Matter (PMio),Visibility Reducing Particles,Sulfates, Lead, and Hydrogen Sulfide, California Air Resources Board,April 1991. ' Stormwater Quality Handbooks Construction Site Best Management Practices (BMPs)Manual, State of California Department of Transportation (Caltrans),November 2000. i 1 1 1 i 1 1 January 2003 California Stormwater BMP Handbook 5 of 5 Construction www.cabmphandbooks.com ' Stockpile Management WM-3 Objectives EC Erosion Control SE Sediment Control 1 TC Tracking Control WE Wind Erosion Control NS Non-Stormwater ' Management Control 1 p Waste Management andWM ✓ e" Materials Pollution Control Legend: :*, ✓ Primary Objective J Secondary Objective � r ' Description and Purpose Targeted Constituents Stockpile Management procedures and practices are designed Sediment ✓ ' to reduce or eliminate air and stormwater pollution from Nutrients ✓ stockpiles of soil, paving materials such as portland cement Trash ✓ concrete(PCC) rubble,asphalt concrete(AC), asphalt concrete Metals ✓ rubble, aggregate base, aggregate sub base or pre-mixed Bacteria aggregate, asphalt minder(so called"cold mix"asphalt), and i Oil and Grease ✓ pressure treated wood. Organics ✓ Suitable Applications Implement in all projects that stockpile soil and other Potential Alternatives materials. ' None Limitations None identified. ' Implementation Protection of stockpiles is a year-round requirement. To properly manage stockpiles: ' ■ Locate stockpiles a minimum of 50 ft away from concentrated flows of stormwater, drainage courses, and ' inlets. ■ Protect all stockpiles from stormwater runon using a temporary perimeter sediment barrier such as berms, dikes, fiber rolls, silt fences, sandbag, gravel bags, or straw bale barriers. MLCASQA ' Californla -- Stormwater Quality Association January 2003 California Stormwater BMP Handbook 1 of 3 Construction www.cabmphandbooks.com ' WM-3 Stockpile Management ' ■ Implement wind erosion control practices as appropriate on all stockpiled material. For specific information, see WE-i,Wind Erosion Control. 1 ■ Manage stockpiles of contaminated soil in accordance with WM Contaminated Soil Management. ■ Place bagged materials on pallets and under cover. ' Protection of Non Active Stockpiles Non-active stockpiles of the identified materials should be protected further as follows: ' Soil stockpiles ■ During the rainy season,soil stockpiles should be covered or protected with soil stabilization ' measures and a temporary perimeter sediment barrier at all times. ■ During the non-rainy season, soil stockpiles should be covered or protected with a temporary perimeter sediment barrier prior to the onset of precipitation. ' Stockpiles of Portland cement concrete rubble, asphalt concrete, asphalt concrete rubble, aggregate base, or aggregate sub base ■ During the rainy season, the stockpiles should be covered or protected with a temporary perimeter sediment barrier at all times. ■ During the non-rainy season,the stockpiles should be covered or protected with a temporary perimeter sediment barrier prior to the onset of precipitation. - Stockpiles of"cold mix" ' ■ During the rainy season, cold mix stockpiles should be placed on and covered with plastic or comparable material at all times. ■ During the non-rainy season, cold mix stockpiles should be placed on and covered with plastic or comparable material prior to the onset of precipitation. Stockpiles/Storage ofpressure treated wood with copper, chromium, and arsenic or ' ammonical, copper,zinc, and arsenate ■ During the rainy season,treated wood should be covered with plastic or comparable material at all times. ' ■ During the non-rainy season, treated wood should be covered with plastic or comparable material at all times and cold mix stockpiles should be placed on and covered with plastic or ' comparable material prior to the onset of precipitation. Protection ofActive Stockpiles Active stockpiles of the identified materials should be protected further as follows: ■ All stockpiles should be protected with a temporary linear sediment barrier prior to the onset of precipitation. ' ■ Stockpiles of"cold mix"should be placed on and covered with plastic or comparable material prior to the onset of precipitation. 2 of 3 California Stormwater BMP Handbook January 2003 Construction www.cabmphandbooks.com ' Stockpile Management WM-3 Costs All of the above are low cost measures. Inspection and Maintenance ■ Inspect and verify that activity—based BMPs are in place prior to the commencement of associated activities. While activities associated with the BMP are under way,inspect weekly ' during the rainy season and of two-week intervals in the non-rainy season to verify continued BMP implementation ■ Repair and/or replace perimeter controls and covers as needed to keep them functioning properly. References ' Stormwater Quality Handbooks -Construction Site Best Management Practices (BMPs)Manual, State of California Department of Transportation(Caltrans),November 2000. ' January 2003 California Stormwater BMP Handbook 3 of 3 Construction www.cabmphandbooks.com ' Concrete Waste Management WM-8 Objectives ' CONCRETE EC Erosion Control WASHOUT BE Sediment Control AREA TC Tracking Control +„ WE Wind Erosion Control Non-Stormwater t 9 x z NS Management Control ' Waste Management and ✓ WMMaterials Pollution Control "t Legend: if Primary Objective ® -11r „'" ✓ Secondary Objective a;- �; ��y#xy .'>x+, .. s..-s;�>,+„.*:',.*,xi" ' Description and Purpose Targeted Constituents Sediment ✓ ' Prevent or reduce the discharge of pollutants to stormwater Nutrients from concrete waste by conducting washout offsite,performing Trash onsite washout in a designated area, and training employee and subcontractors. Metals ✓ Bacteria Suitable Applications Oil and Grease Concrete waste management procedures and practices are Organics implemented on construction projects where: ■ Concrete is used as a construction material or where Potential Alternatives concrete dust and debris result form demolition activities None ' ■ Slurries containing portland cement concrete(PCC) or asphalt concrete(AC) are generated, such as from saw cutting, coring,grinding, grooving, and hydro-concrete demolition ■ Concrete trucks and other concrete-coated equipment are ' washed onsite ■ Mortar-mixing stations exist ' ■ See also NS-8,Vehicle and Equipment Cleaning Limitations ■ Offsite washout of concrete wastes may not always be possible. ' -Callfornla Stormwater Quality Association January 2003 California Stormwater BMP Handbook 1 of 7 Construction www.cabmphandbooks.com ' WM-8 Concrete Waste Management Implementation The following steps will help reduce stormwater pollution from concrete wastes: ' ■ Discuss the concrete management techniques described in this BMP(such as handling of concrete waste and washout)with the ready-mix concrete supplier before any deliveries are made. ■ Incorporate requirements for concrete waste management into material supplier and subcontractor agreements. ' ■ Store dry and wet materials under cover, away from drainage areas. ■ Avoid mixing excess amounts of fresh concrete. ' ■ Perform washout of concrete trucks offsite or in designated areas only. ■ Do not wash out concrete trucks into storm drains,open ditches, streets, or streams. ' ■ Do not allow excess concrete to be dumped onsite, except in designated areas. ■ For onsite washout: ' - Locate washout area at least 50 feet from storm drains, open ditches,or water bodies. Do not allow runoff from this area by constructing a temporary pit or bermed area large enough for liquid and solid waste. - Wash out wastes into the temporary pit where the concrete can set,be broken up,and then disposed properly. ■ Avoid creating runoff by draining water to a bermed or level area when washing concrete to remove fine particles and expose the aggregate. ■ Do not wash sweepings from exposed aggregate concrete into the street or storm drain. Collect and return sweepings to aggregate base stockpile or dispose in the trash. ' Education ■ Educate employees,subcontractors, and suppliers on the concrete waste management techniques described herein. ' ■ Arrange for contractor's superintendent or representative to oversee and enforce concrete waste management procedures. ' Concrete Slurry Wastes ■ PCC and AC waste should not be allowed to enter storm drains or watercourses. ' ■ PCC and AC waste should be collected and disposed of or placed in a temporary concrete washout facility. ' ■ A sign should be installed adjacent to each temporary concrete washout facility to inform concrete equipment operators to utilize the proper facilities. California Stormwater BMP Handbook January 2003 Construction www.cabmphandbooks.com ' Concrete Waste Management WM-8 ■ Below grade concrete washout facilities are typical. Above grade facilities are used if excavation is not practical. ' ■ A foreman or construction supervisor should monitor onsite concrete working tasks,such as saw cutting, coring, grinding and grooving to ensure proper methods are implemented. ■ Saw-cut PCC slurry should not be allowed to enter storm drains or watercourses. Residue from grinding operations should be picked up by means of a vacuum attachment to the grinding machine. Saw cutting residue should not be allowed to flow across the pavement and should not be left on the surface of the pavement. See also NS-3, Paving and Grinding ' Operations; and WM-lo, Liquid Waste Management. ■ Slurry residue should be vacuumed and disposed in a temporary pit(as described in OnSite Temporary Concrete Washout Facility, Concrete Transit Truck Washout Procedures,below) ' and allowed to dry. Dispose of dry slurry residue in accordance with WM-5, Solid Waste Management. ' Onsite Temporary Concrete Washout Facility, Transit Truck Washout Procedures ■ Temporary concrete washout facilities should be located a minimum of 50 ft from storm drain inlets, open drainage facilities,and watercourses. Each facility should be located away from construction traffic or access areas to prevent disturbance or tracking. ■ A sign should be installed adjacent to each washout facility to inform concrete equipment operators to utilize the proper facilities. ■ Temporary concrete washout facilities should be constructed above grade or below grade at ' the option of the contractor. Temporary concrete washout facilities should be constructed and maintained in sufficient quantity and size to contain all liquid and concrete waste generated by washout operations. ■ Temporary washout facilities should have a temporary pit or bermed areas of sufficient volume to completely contain all liquid and waste concrete materials generated during washout procedures. ■ Washout of concrete trucks should be performed in designated areas only. ■ Only concrete from mixer truck chutes should be washed into concrete wash out. ■ Concrete washout from concrete pumper bins can be washed into concrete pumper trucks and discharged into designated washout area or properly disposed of offsite. ' ■ Once concrete wastes are washed into the designated area and allowed to harden, the concrete should be broken up,removed, and disposed of per WM-5, Solid Waste ' Management. Dispose of hardened concrete on a regular basis. ■ Temporary Concrete Washout Facility(Type Above Grade) ' Temporary concrete washout facility(type above grade)should be constructed as shown on the details at the end of this BMP, with a recommended minimum length and January 2003 California Stormwater BMP Handbook 3 of 7 Construction www.cabmphandbooks.com ' WM-8 Concrete Waste Management minimum width of io ft,but with sufficient quantity and volume to contain all liquid and concrete waste generated by washout operations. - Straw bales,wood stakes, and sandbag materials should conform to the provisions in SE- 9, Straw Bale Barrier. - Plastic lining material should be a minimum of io mil in polyethylene sheeting and should be free of holes,tears, or other defects that compromise the impermeability of the material. ' ■ Temporary Concrete Washout Facility(Type Below Grade) - Temporary concrete washout facilities(type below grade)should be constructed as shown on the details at the end of this BMP,with a recommended minimum length and minimum width of Jo ft. The quantity and volume should be sufficient to contain all liquid and concrete waste generated by washout operations. ' - Lath and flagging should be commercial type. Plastic lining material should be a minimum of Jo mil polyethylene sheeting and should be free of holes,tears, or other defects that compromise the impermeability of the ' material. Removal of Temporary Concrete Washout Facilities ■ When temporary concrete washout facilities are no longer required for the work,the hardened concrete should be removed and disposed of. Materials used to construct temporary concrete washout facilities should be removed from the site of the work and ' disposed of. ■ Holes, depressions or other ground disturbance caused by the removal of the temporary concrete washout facilities should be backfilled and repaired. Costs All of the above are low cost measures. Inspection and Maintenance ■ Inspect and verify that activity—based BMPs are in place prior to the commencement of associated activities. While activities associated with the BMP are under way, inspect weekly during the rainy season and of two-week intervals in the non-rainy season to verify continued BMP implementation. ' ■ Temporary concrete washout facilities should be maintained to provide adequate holding capacity with a minimum freeboard of 4 in.for above grade facilities and 12 in. for below grade facilities. Maintaining temporary concrete washout facilities should include removing ' and disposing of hardened concrete and returning the facilities to a functional condition. Hardened concrete materials should be removed and disposed of. ■ Washout facilities must be cleaned, or new facilities must be constructed and ready for use once the washout is 75%full. 7f 7 California Stormwater BMP Handbook January 2003 Construction www.cabmphandbooks.com ' Concrete Waste Management WM-8 ' ! References Blueprint for a Clean Bay: Best Management Practices to Prevent Stormwater Pollution from Construction Related Activities; Santa Clara Valley Nonpoint Source Pollution Control Program, ' 1995• Stormwater Quality Handbooks-Construction Site Best Management Practices (BMPs)Manual, ' State of California Department of Transportation (Caltrans),November 2000. Stormwater Management for Construction Activities; Developing Pollution Prevention Plans and Best Management Practice,EPA 832-R-92005; USEPA,April 1992• 1 January 2003 California Stormwater BMP Handbook 5 of 7 Construction www.cabmphandbooks.com 1 ' Wm-8 Concrete Waste Management � 1 LATH & 10 FLAGGING ' ON ALL MIN SANDBAG SIDES BERM C) D C-) 0 ' D SANDBAG 10 MIL ' O O A PLASTIC LINING > ,�A Q ter. O —BERM SECTION A-A 10 MIL NOT TO SCALE PLASTIC LINING ' PLAN NOT TO SCALE TYPE "BELOW GRADE" 10 MIL •: PLASTIC LINING 10' / MIN B B WOOD FRAME SECURELY FASTENED AROUND '^ ENTIRE PERIMETER WITH `-' TWO STAKES < ' > SECTION B-B NOT TO SCALE STAKE (TYP) 10 MIL NOTES TWO-STACKED PLASTIC LINING 2 X 12 ROUGH 1. ACTUAL LAYOUT DETERMINED WOOD FRAME PLAN IN FiELD, NOT TO SCALE 2. THE CONCRETE WASHOUT SIGN TYPE "ABOVE GRADE" SHALL BE INSTALLED WITHIN 30 FT. OF THE TEMPORARY ' CONCRETE WASHOUT FACILITY. ., 6 of 7 California Stormwater BMP Handbook January 2003 Construction www.cabmphandbooks.com ' Concrete Waste Management WM-8 � 1 D' MIN STAKE - (TYP) ? B w 1/8" DIA' 4..a - - STEEL WIRE > STAPLE DETAIL STRAW BALE 10 MIL (TYP) PLYWOOD PLASTIC LINING PLAN 48" X 24" NOT TO SCALE PAINTED WHITE TYPE "ABOVE GRADE' WITH STRAW BALES CONCRETE -BLACK LETTERS to WASHOU 1 6" HEIGHT e.. "� Lo SSCREWSC 7-3WOOD POST ' 3 X 3 X 8 ' CONCRETE WASHOUT SIGN DETAIL (OR EQUIVALENT) ' STAPLES (2 PER BALE) 10 MIL BINDING WIRE PLASTIC LINING I ` STRAW BALE ' \\ WOOD OR NOTES ' NATIVE MATERIAL— METAi STAKES (OPTIONAL) (2 PER BALE) 1. ACTUAL LAYOUT DETERMINED IN FIELD. SECTION B—B 2. THE CONCRETE WASHOUT SIGN ' NOT TO SCALE SHALL BE INS'ALI ED WITHIN 30 FT OF THE TEMPORARY CONCRETE WASHOUT FACILITY J ) January 2003 California Stormwater BMP Handbook 7 of 7 Construction ' www.cabmphandbooks.com